CORPOPRATE LIABILITY PROVISION: ANTI BRIBERY & CORRUPTION
(New Section 17A Malaysian Anti-Corruption Commission - 1 Day)
Corporate Liability Provisions has come into effect on June 1, 2020 under the New Section 17A Malaysian Anti-Corruption Commission (Amendment) Act 2018.
- This Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 whereby a commercial organisation is held liable for their employees and/or associates’ corrupt practices carried out for the organisation’s benefit or advantage.
- The Provisions apply to corrupt activities by companies and partnerships, regardless of size, carrying out business in Malaysia and, in certain circumstances, overseas.
- Penalties, upon conviction, may entail a fine ten (10) times the value of gratification or RM1 million, whichever is higher, and/or a jail sentence not exceeding 20 years.
The ONUS of proof is on the company.
Companies need to put in place adequate procedures to prevent corrupt practices in their organisation and associates to avoid risks of liability and penalties.
This training serves as a sharing on the Guidelines on understanding the “adequate procedures”.
Ethical business practices are not only necessary for preserving reputability and improving business overall, but also for adhering to the law. Conducting bribery or corrupt activities won’t just get you a slap on the wrist; you could be heavily fined or potentially jailed. Bribery includes the act of offering, giving, promising, asking, agreeing, receiving, or soliciting something of value for the purpose of influencing an action. But being involved in bribery is not just limited to the act of offering a bribe if you are on the receiving end and accept it, you are also breaking the law.
An anti-bribery policy demonstrates a company’s commitment to preventing bribery and corrupt activities, and all staff should be instructed to familiarise themselves with the information it contains. Having this policy in place ensures that everyone knows what to do in regards to preventing bribery, which minimises the risks of bribery and corruption occurring in your business and therefore protects your company from facing any issues with the law.
- Demonstrate its understanding of anti-bribery law.
- Emphasise that the company has zero-tolerance for bribery.
- Detail whom the policy applies to.
- Detail the company and employees’ responsibilities.
- Reduce and control bribery risks.
- Provide rules about accepting gifts.
- Provide guidance on how business should be conducted so to prevent bribery.
- Provide direction on how to avoid conflicts of interest.
- Include information about monitoring and reviewing the policy.
By the end of this MACC Act course, the participants will able to :
- Understand the key provisions of the (Malaysia Anti-Corruption Commission) MACC Act 2009 and its amendments.
- Be able to identify potential bribery risk situations and circumstances.
- Understand the key principles and the implications for businesses.
- Be able to explain why anti-bribery measures and procedures are essential.
- Know what information must be included in an anti-bribery and corruption policy and when a business might need one.
Who Must Attend
This Anti-Bribery course or a discussion of Section 17A MACC 2009 is suitable for all businesses that are required to have an anti-bribery policy in place within their organisation. The course is also suitable for individuals who wish to improve their knowledge of the MACC Act and/or who have a responsibility for ensuring anti-bribery procedures are followed in the workplace.
1 DAY (9.00am-5.00pm)
MODULE 1: UNDERSTAND BACKGROUND, STRUCTURE AND INTENT OF MACC 2009 & AMENDMENT 2018
- uphold the highest standards of professional integrity and ethical conduct required of every, officer, employee and third parties who perform services for or on behalf of a company.
- The company and all the employees are committed to compliance with the Malaysian Anti-Corruption (MACC) Act 2009 (“MACC Act”), subsequent amendments to the Act and all guidelines issued by relevant authorities pertaining to the same.
- This Act aims to ensure that all Employees and Associated Persons of a company are aware of their obligation to disclose any corruptions, briberies, conflicts of interest or similar unethical acts that they may have, and to comply with this Policy to follow highest standards of ethical conduct of business.
- MACC 2009 & amendment 2018
The main offences under the MACC Act are:
- a) Soliciting or receiving gratification
- b) Offering or giving gratification
- c) Intending to deceive
d)Using office or position for gratification (abuse of position)
- e) Failing to report when offered bribery
Section 17A will be discussed in detail
MODULE 2: WHAT IS THE REQUIREMENT FOR ADEQUATE PROCEDURES AND THE PRINCIPLE OF T.R.U.S.T?
- T top level commitment
- R risk assessment
- U undertake control measures
- S systematic review monitoring & enforcement
- T training and communication
MODULE 3: METHODS OF DUE DILIGENCE IN THE LEGAL CONTEXT
- The purpose of due diligence is to serve as a guide to Directors, Personnel and Compliance Officer in making a decision whether to continue the relationship with the third party. Any unsatisfactory answer to the non-exhaustive due diligence checklist shall be treated as red flags. Based on due diligence results, we may either decline, suspend or terminate relationships with Personnel, Business Associate / Third Parties, Government/ Public Officials or any other parties engaging with the Group to protect the Group from any legal, financial and reputation risk. The due diligence process should be aimed at obtaining sufficient information in order to assess if there are bribery risks posed by these parties.
MODULE 4: LEGAL IMPACT DUE TO INEFFECTIVE MANAGEMENT OR UNETHICAL BUSINESS CONDUCT
Unethical behaviour has serious consequences for both
- You can lose your job and reputation,
- organizations can lose their credibility,
- general morale and productivity can decline, or
- the behaviour can result in significant fines and/or financial loss.
MODULE 5: DEFINE MALPRACTICE AND SPOTTING RED FLAGS DURING HIRING, SOURCING OR CONTRACT MANAGEMENT
What is malpractice?
Fraud and Malpractice comprises both the use of deception to obtain an unjust or illegal financial advantage and intentional misrepresentations affecting any aspect of company activity by one or more individuals among management, staff or third parties
What is a red flag?
If at any point during the due diligence exercise or in the dealings with a third party, there are “red flags” being raised, these warrant further investigation and must be sufficiently addressed before the engagement of the third party can progress.
MODULE 6: DESCRIBE THE PLAN-DO-CHECK-ACT MANAGEMENT SYSTEM
This Plan- Do-Check-Act framework is a continual improvement cycle and aims to achieve a better balance between the behavioural and systems aspects of health and safety management.
The Plan-do-check-act Procedure:
- Plan: Recognize an opportunity and plan a change.
- Do: Test the change. Carry out a small-scale study.
- Check: Review the test, analyze the results, and identify what you've learned.
- Act: Take action based on what you learned in the study step.
MODULE 7: PRE-EMPLOYMENT SCREENING
A person who exposes secretive information or activity within a private or public organization that is deemed illegal, unethical, or not correct.
The Whistleblower Policy is intended to encourage employees and others to make good faith reports of suspected fraud, corruption, or other improper governmental activity, or health and safety concerns within the university to appropriate university officials and to describe the process that will be followed
MODULE 8: MALPRACTICE DETECTION AND PROFILE AUDITING
Specialists who review the accounts of companies and organisations to ensure the validity and legality of their financial records. They can also act in an advisory role to recommend possible risk aversion measures and cost savings that could be made
MODULE 9: OBTAINING, COLLATION AND PRESERVATION OF DIGITAL EVIDENCE
- storage of digital evidence should be fully documented, preserved, and available for review.
- to ensure that they have proper legal authority to seize the digital evidence at the scene
This online instructor lead programme involves a wide range of learning approaches, including self - assessment, case studies, discussions, interactive lectures, experimental learning group assignments and exercises and presentation and critique.
Designation: Advocate & Solicitor
Professional Qualification MBA (Management), UKM
Professional Qualification LLB)Hons) London University of East London
Professional Certificate in Legal Practice
Mr. Krish was previously the Legal Manager in 2012 for a renowned franchise company in Kuala Lumpur for approximately 7 years and an active legal and corporate advisor to the CEO and group of companies. He had drafted many commercial agreements for the company including international clients from UAE, China, Jordan, Philippines which required his expertise. When PDPA was implemented in 2012, Mr. Krishna was asked by the CEO to formulate a PDPA procedure and compliance form, and he was the compliance officer to monitor the data received and used by the company. All departments within the organization had to refer to him to get approval to use personal data gathered from business owners for purposes of direct marketing. He had to strike a balance between the company’s interest and consumers to avoid breach of the PDPA 2010. He had extensive experience in the field and highly respected in the franchise industry and governmental agencies. Mr. Krishna is a formidable Advocate & Solicitor in various areas of law that he has represented and has always complied with the requirements of the law.
To contact for any speaking, training and consultancy engagements, please contact us at +603 8074 9056 | Mobile +6012 6869 628 | or email: info@iTrainingExpert.com
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