Anti-Corruption Documentation and Procedures Top Management Need to Prepare

This training is to urge the directors, bosses and partners for the anti-corruption preparation works required due to amendment in anti-corruption law which takes effect on 1st June 2020.

Extract of Section 17A (2) MACC (Amendment) Act 2018; Any commercial organization who commits an offence under this section shall on conviction be liable to a fine of not less than ten times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is pecuniary, or one million ringgit, whichever is the higher, or to imprisonment for a term not exceeding twenty years or to both.

Where any offence committed by the commercial organization, directors, bosses and partners will be deemed to have committed that offence.

To defence yourself upon prosecution, directors and bosses need to do more than copy other commercial organization’s anti-corruption policies and procedures manual. Directors, bosses and partners need to prove that they have exercised due diligence to prevent the act of corruption associated with the commercial organization.

How Will You Benefit:

• Determine the roles and responsibilities of the commercial organization towards good compliance
• Understand various reports that need to be prepared and updates from time to time
• Identified methodology and technics for corruption risk assessment
• Avoid liable for corruption behaviours of the person associated with the commercial organization.
• The new unit that needs to be set up by the commercial organization
• What is the knowledge that needs to be possessed by the person in charge of the new unit?

Methodology:

• Lecture, PowerPoint presentation, discussions, questions & answers sessions.

Who Should Attend:

• Directors
• Business Owners
• CEO, LLP compliance officers and Partners
• Regional representatives and General Managers
• (We encourage the above Top Management personnel to join this workshop because we have another anti-corruption workshop design for the managers and executives)

Course Outline:

• Module 1: Introduction
• Section 17A under The Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009)
• Enables the MACC to impose corporate liability on commercial organisations
• Is my company/LLP/partnership is regarded as a commercial organization?
• Why director/bosses/partners could be liable when their commercial organization is prosecuted
• Heavy penalty or imprisonment not exceeding 20 years or to both on conviction. Learn 5 important actions to avoid you being penalized.
• Module 2:  ABC Policy Statement and legal defence
• Anti-bribery and corruption policy statements
• Code of conduct
• Gift and Facilitation Payments
• Whistle Blowing
• Case study on policy statements
• Legal defence is available only if the commercial organization had in place Adequate Procedures to strongly prevent corruption conduct.
• Module 3:  First Company Be Charged Under Section 17A On 18 March 2021
• Background and facts
• Potential corporate liability on commercial organisations
• Module 4: Offence Committed by Employees, Directors and Suppliers/Sub-contractors/Service Providers
• To obtain or retain business for the commercial organization
• To obtain or retain advantages in the conduct of business for the commercial organization
• Exercise on existing/potentially high risk activities
• What constitutes reasonable and proportionate measures to ensure no participation in bribery and corruption activities?
• Module 5: Anti-Corruption and Integrity
• Definition of integrity
• Setting up of IGU
• Persons required in IGU
• The structure of the IGU reporting framework
• Roles and responsibilities duplicated with Corporate Governance, Internal Audit and Human Resource departments
• New roles of IGU, e.g. whistleblowing reporting procedures
• Module 6:  Reports required  
• OACP
• CRM
• Methodologies and technics use to extract and analyse data, PESTEL, RACI and SWOT analysis
• Due diligence report conduct for business dealing
• Audit and exceptional event reports
• Module 7:  Controlled Measures, Structured Review and Continuous Training
• Established effective controlled measures by referring to consultants or government agencies, e.g GIACC, MACA and SSM, published information and toolkits
• Periodic structured checking by qualified and experienced person (e.g. CeIO)
• Set training objectives and targeted participants
• Evaluation of the training effectiveness and assess training outcome, e.g. area of weakness or improvement required
• Q & A