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

Fundamentals on MACC Act 2009 – Strategic Values

• Laws and Standards governing Ethics, Bribery & Corruption

1. 1. 1. MACC Act 2009
      2. Evidence Act 1950
      3. Employment Act 1955
      4. Contracts Act 1950

• Definition Bribery & Corruption
• Definition of Asset Misappropriation
• Investigation Process and Procedures

1. 1. 1. Reporting
      2. Initiating and investigation
      3. Evidence ( Verbal, Documentary, CCTV, Digital, Email, Eyewitness)
      4. Domestic Inquiry and Prosecution

Case Studies

• Risk and Corporate Governance

1. 1. 1. Fundamentals
      2. Processes & SOPs
      3. Ingredients
      4. Environment, People and Opportunity
      5. Dominant factor
      6. Corporate governance in jeopardy
      7. Generic reasons for bribery and Corruption
      8. Risk (Reality vs Myth)
      9. The risk domains in an organisation
      10. 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

1. 1. Definition
   2. How does a corporation show / prove no consent

• Adequate Procedures Encompass The Following

1. 1. Principles of T.R.U.S.T
   2. IT and Physical Security
   3. HR Processes & Procedures
   4. Finance Processes (Accounts Receivable and Accounts Payable)
   5. Claims Management
   6. Inventory management
   7. Zero Balancing – Record keeping and reporting
   8. Credit Note Management
   9. Disposal of obsolete and damaged goods – Scrapping Process, Writing Off 
   10.      Process

• Developing and Implementing Anti Bribery and Compliance Programme

1. 1. Top Down Exercise – Management Support
   2. Due Diligence and Risk Management
   3. Policy – Content Framework
   4. Detailed policies for particular risk areas
   5. 3^rd Party communication & management
   6. Internal Controls and documentation
   7. Communication and training
   8. Promoting and incentivizing ethics and compliance
   9. Seeking guidance – Detecting and reporting violations addressing violations
   10. Periodic reviews and evaluation of the anti-corruption programme

• Due Diligence

1. 1. Financial Records
   2. Methods of Conducting Due Diligence in the hiring process (Human Resources)
   3. Methods of Conducting Due Diligence in the sourcing and engagement of 3^rd parties process (Procurement / Purchasing / Vendor Management)
   4. Laws governing Personal Data and Financial Records Searches (PDPA 2010, FSA 2013) and how to manage searches within the ambits of the law
   5. Best practices
   6. Maintaining Records for Due Diligence
   7. Chain of Custody of records and evidence of Due Diligence
   8. Digital and Manual Records – Evidential Weightage
   9. Usage of 3^rd Parties to conduct Due Diligence – Cogency and Integrity of Data     
   10. 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)

1. 1. Corporate Governance (Organisational Policy)
   2. HR Policies (Employee Relations & Code of Ethics)
   3. Whistleblowing ( Whistle-blower Protection Act 2010)
   4. Standard Operating Procedures (SOP) Compliance in line with Business Ethics and Key Risk Indicators (KRI)
   5. Joint Responsibility Approach
   6. Compliance to related regulations, laws and standards.

• Selection & Performance Management of Suppliers

1. 1. Methodology
   2. Reporting
   3. Escalation Path