Public Program
ANTI-BRIBERY AND CORRUPTION - S.17A CORPORATE LIABILITY PERSPECTIVE
Course Introduction
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 organisation
– 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
Þ Individual Standards & Values
Þ Managers & Co- Workers Influence
Þ 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
- 24 & 25 February 2025
- MON & TUE
- 9AM - 5PM
- WYNDHAM GRAND BANGSAR KUALA LUMPUR HOTEL/LIVE ZOOM
By: HYBRID PUBLIC PROGRAM
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