ANTI-BRIBERY AND CORRUPTION - S. 17A CORPORATE LIABILITY PERSPECTIVE

ANTI-BRIBERY AND CORRUPTION – S. 17A CORPORATE LIABILITY PERSPECTIVE

INTRODUCTION FOR ANTI-BRIBERY AND CORRUPTION – S. 17A CORPORATE LIABILITY PERSPECTIVE

This programme is designed to give participants a solid understanding in bribery and corruption detection and prevention in Malaysia in accordance to the Malaysian Anti-Corruption Commission Act 2009 & 2018 (Amendment Act) and other relevant Laws in Malaysia and its application within the organization and the related industries & trade.

Effective 1st June 2020, Section 17A of MACC Act 2009 enables prosecution of commercial organizations involved in corruption activities unless these commercial organizations can establish the defense of…. NO CONSENT & ADEQUATE PROCEDURES

This session shall focus on, methods of establishing these defenses.

 

COURSE OBJECTIVE

By the end of the course you will be able to:

  • Understand background, structure and intent of Malaysian Anti-Corruption Act 2009 and Amendment Act 2018 (S. 17A)
  • Interpret the requirements for ‘adequate procedures’ as per MACC Act 2009 based on the principles of T.R.U.S.T
  • Understand and learn methods of conducting due diligence within the parameters of legal provisions
  • Ability to identify existing / potential ethical conduct within the organization or emanating from 3rd party engagement, which may have an impact on Business Continuity activities
  • Legal Impact(s) due to ineffective management of unethical business conduct.
  • Define malpractices & Spotting The Red Flags during the course of hiring, sourcing and contract management and also Account Payables
  • Describe the Plan-Do-Check-Act management system and how it relates Adequate Procedures
  • Understand about Pre-Employment Screening & Whistle-Blowing
  • Understand Malpractices Detection & Profile Auditing
  • Obtaining, collation and preservation of Digital Evidence

 

COURSE CONTENT

Fundamentals on MACC Act 2009 – Strategic Values

  • Laws and Standards governing Ethics, Bribery & Corruption
    • MACC Act 2009
    • Evidence Act 1950
    • Employment Act 1955
    • Contracts Act 1950
  • Definition Bribery & Corruption
  • Definition of Asset Misappropriation
  • Investigation Process and Procedures
    • Reporting
    • Initiating and investigation
    • Evidence ( Verbal, Documentary, CCTV, Digital, Email, Eyewitness)
    • Domestic Inquiry and Prosecution
  • Case Studies
  • Risk and Corporate Governance
    • Fundamentals
    • Processes & SOPs
    • Ingredients
    • Environment, People and Opportunity
    • Dominant factor
    • Corporate governance in jeopardy
    • Generic reasons for bribery and Corruption
    • Risk (Reality vs Myth)
    • The risk domains in an organization
    • Red Flags of Bribery & Corruption

 

Guideline and Implementation of No Consent Requirement & Adequate Procedures To Support MACC Act 2009 & 2018 (S. 17A & 17B)

  • No Consent
    • Definition
    • How does a corporation show / prove no consent
  • Adequate Procedures Encompass The Following
    • Principles of T.R.U.S.T
    • IT and Physical Security
    • HR Processes & Procedures
    • Finance Processes (Accounts Receivable and Accounts Payable)
    • Claims Management
    • Inventory management
    • Zero Balancing – Record keeping and reporting
    • Credit Note Management
    • Disposal of obsolete and damaged goods – Scrapping Process, Writing Off
    • Process
  • Developing and Implementing Anti Bribery and Compliance Programme
    • Top Down Exercise – Management Support
    • Due Diligence and Risk Management
    • Policy – Content Framework
    • Detailed policies for particular risk areas
    • 3rd Party communication & management
    • Internal Controls and documentation
    • Communication and training
    • Promoting and incentivizing ethics and compliance
    • Seeking guidance – Detecting and reporting violations addressing violations
    • Periodic reviews and evaluation of the anti-corruption programme
  • Due Diligence
    • Financial Records
    • Methods of Conducting Due Diligence in the hiring process (Human Resources)
    • Methods of Conducting Due Diligence in the sourcing and engagement of 3rd parties process (Procurement / Purchasing / Vendor Management)
    • Laws governing Personal Data and Financial Records Searches (PDPA 2010, FSA 2013) and how to manage searches within the ambits of the law
    • Best practices
    • Maintaining Records for Due Diligence
    • Chain of Custody of records and evidence of Due Diligence
    • Digital and Manual Records – Evidential Weightage
    • Usage of 3rd Parties to conduct Due Diligence – Cogency and Integrity of Data
    • Evidential Burden
  • Improving Ethical Behavior in Business
    • 3 Key Elements that Influences Ethical / Unethical Decisions in an Organisation
      • Individual Standards & Values
      • Managers & Co- Workers Influence
      • Opportunity (Codes & Compliance Requirements)
    • Corporate Governance (Organisational Policy)
    • HR Policies (Employee Relations & Code of Ethics)
    • Whistleblowing ( Whistle-blower Protection Act 2010)
    • Standard Operating Procedures (SOP) Compliance in line with Business Ethics and Key Risk Indicators (KRI)
    • Joint Responsibility Approach
    • Compliance to related regulations, laws and standards.
  •  Selection & Performance Management of Suppliers
    • Methodology
    • Reporting
    • Escalation Path
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Date

Aug 19 - 20 2024

Time

9:00 am - 5:00 pm

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