INTRODUCTION FOR ANTI-BRIBERY AND CORRUPTION (MACC ACT 2009) – S.17 A CORPORATE LIABILITY AND DEFENSES

This programme is designed to give participants of bribery and corruption detection and prevention in Malaysia in accordance to the Malaysian Anti-Corruption Commission Act 2009, including the Corporate Liability Provision (Section 17A) and other relevant Laws in Malaysia and its application within the organization and the related industries & trade.

This programme will provide an insight into both Individual & Corporate Liability

Effective 1^st 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 also focus on an overview of methods of establishing these defenses.

COURSE OBJECTIVE

Upon completion of this programme, the participants 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
• 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, Due Diligence & Whistle-Blowing
• Importance of obtaining, collation and preservation of Digital Evidence
• To design effective control measures governing internal and third party related activities
• Crafting the policy documents and SOPs

WHO SHOULD ATTEND?

• Anyone involved in managing corporate governance and integrity practices of the organisation
• Anyone involved in contracting of any kind, especially holding a portfolio for evaluating and sourcing for suppliers, contractors, etc. Whether a team member, project manager, or executive.

METHODOLOGY
Training Methodology will be based on the following

• Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
• Online Delivery via Zoom
• Group Activities via Breakout Sessions
• Case Studies on various reported Cases
• Energizers

COURSE CONTENT

Module 1 – Laws and Standards governing Ethics, Bribery & Corruption

• MACC Act 2009
• Evidence Act 1950
• Employment Act 1955
• Contracts Act 1950
• Competition Act 2010

Module 2 – Definition of Individual Liability and the relevant punishments stipulated in MACC Act 2009

• Definition of Integrity
  • Business Integrity
  • Professional Integrity
• Definition
  • Bribery & Corruption
  • False Claims
  • What constitutes an offence under this category
  • Asset Misappropriation

Module 3 – Corruption Risk Assessment / Management

• Risk Management based on ISO 31000 and Risk Based Approach on QMS ISO 9001:2015
• Attitudes / reaction towards risks.
• Identifying risk – Identification practice and techniques
• Identifying tools
• Risk Analysis of Potential Frequency and Gravity (severity) of losses.
• Selection & Implementation of the most appropriate Risk Management Technique
• Monitoring and reviewing suitability of management technique

Module 4 – Risk Management Plan

• Enterprise Risk Management
• Risk register development
• Maturity Tracker

Module 5 – Anti Bribery & Corruption Plan and Business Continuity

• Business Continuity Management (ISO 22301) – Overview
• Business Continuity Plan

Guideline and Implementation of No Consent Requirement & Adequate Procedures To Prevent Corporate Liability MACC Act 2009 (S. 17A)

Module 6 – Definition of Corporate Liability and the relevant punishments stipulated in MACC Act 2009 & amendment in 2018

• No Consent
  • Definition
  • How does a corporation show / prove no consent
• Adequate Procedures Encompass The Following
  • Principles of 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
  • Investigation
  • Internal Audit

Module 7 – Points To Consider in Developing and Implementing Anti Bribery and Compliance Programme

• Top Down Exercise – Management Support
• Due Diligence and Risk Management
• Policy
• Detailed policies for particular risk areas
• 3^rd 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

 Module 8 – Due Diligence

• Due Diligence in the hiring process (Human Resources)
• Due Diligence in the sourcing and engagement of 3^rd parties process (Procurement / Purchasing / Vendor Management)
• Maintaining Records for Due Diligence
• Chain of Custody of records and evidence of Due Diligence
• Digital and Manual Records – Evidential Weightage
• Usage of 3^rd Parties to conduct Due Diligence – Cogency and Integrity of Data
• Evidential Burden

Module 9 – 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.

Module 10 – Management System

• Leadership
• Competency
• Communication
• Awareness
• Internal Parties Management
• Third Parties Management

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