Course Overview
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.
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.
- Virtual Learning / Classroom Face To Face Session
- Case Studies on various reported Cases
- Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind
Course Objectives
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
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.
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
- 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.
- 3 Key Elements that Influences Ethical / Unethical Decisions in an Organisation
- Selection & Performance Management of Suppliers
- Methodology
- Reporting
- Escalation Path
