Corporate Liability & Its Mitigation on Corruption

27 Mar, 2020, Renaissance Kuala Lumpur Hotel

IPA Training is Registered with

Venue Details

Renaissance Kuala Lumpur Hotel
Corner of Jalan Sultan Ismail and Jalan Ampang, Kuala Lumpur 50450,


Phone : 03 2162 2233
Fax : 032161 5555

Contact us

FOR COURSE DETAILS

Juliany,

Office: 03 2283 6109

Mobile: +60 122281247

juliany@ipa.com.my

Phoebe,

Office: 03 2283 6100

Mobile: +60 193637822

phoebe@ipa.com.my

Bee Teng,

Office: 03 2282 6112

Mobile: +60 172566121

beeteng@ipa.com.my

FOR CUSTOMISED IN-HOUSE TRAINING

ADDRESS

A-28-5, 28th Floor, Menara UOA Bangsar,
No.5, Jalan Bangsar Utama 1,
59000 Kuala Lumpur

FOCUSING ON
  • Bribery / Corruption
  • Grounds for defence in the commitment of the offence by commercial organizations
    - Ministerial Guidelines on Adequate Procedures
    - Introduction to the ISO37001: Anti Bribery Management System Standard
    - Process of Policies and Procedures (P & P) Development
    - Implementation of the Policies and Procedures
  • Preventive Actions
INTRODUCTION

Section 17A, a new section in the MACC act will be effective with effect from 1/6/2020 after its moratorium period. This new section extended the scope of the MACC Act to cover Commercial Organizations.

 

Under this section, “A commercial organization commits an offence if a person associated with the commercial organization corruptly gives, agrees to give, promise of offer to any person any gratification for the benefit of that person with intent to obtain or retain business or advantage in the conduct of the business for the organization” Upon conviction the fine can be not less than 10 times of the value of the gratification or RM1.0m whichever is greater or subject up to years in prison or both.

 

Who then is deemed to have committed the offence when the commercial organization committed the offence??? Persons such as Directors, Controllers, Officer, Partners or any other person who is concerned in the management of the organizations affairs is deemed to have committed the offence UNLESS he can prove that such offence is committed without his consent and that he has exercised all due diligence to prevent such commission of the offence.

 

However, under S17A(4), it allows a DEFENCE for the organization if they can prove that they have in place adequate policies and procedures to prevent any person associated with the organization from committing such offence.

 

Hence this 1-day interactive course is to help participants to be aware of such legislations and its consequence, and how to develop and implement an effective anti-bribery management system following the ISO 37001 standard.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Enhancing and achieving an understanding of S17A of the MACC Act.
  2. Initiating mitigation strategies in controlling Bribery
  3. Managing the implementation of an effective snit-bribery system.
  4. Strengthening the organizational core value.
  5. Taking continuous strategic role in addressing all identified weaknesses.
WHO SHOULD ATTEND
  • Directors, CEO, COO, CFO, Company Secretaries,
  • Senior Managers, Managers and HODs
  • Risk Management Managers, Strategy and Planning Managers,
  • All other Financial Professionals / Personnel
  • Internal Audit Professionals / Personnel
METHODOLOGY
  • Interactive Lectures, participative and active group discussions, and Q & A sessions
COURSE CONTENT
9:00

Bribery / Corruption:
i. General Introduction and Legislations

  • What is and constitute as 4 main offences under the MACC Act. 2009
  • What constitute Bribery?
  • Understand all the sub-sections of S.17A of the MACC Act and its effect on Commercial Organization and its Directors & Key Management staffs.

ii. Commercial Organization

  • Definition of the commercial organization
  • Personnel deemed to be committed the offence under the MACC Act.
10.45

Grounds for defence in the commitment of the offence by commercial organization
i. Ministerial Guidelines on Adequate Procedures

ii. Introduction to the ISO37001: Anti Bribery Management System Standard.

  • Structure of the Standards
  • Explanation of the 10 clauses

iii. Process of Policies and Procedures (P & P) Development

  • Parallel engagement way of P & P development.
  • Business Processes
  • Identification of Bribery / Corruption areas
  • Policies and procedures owners
  • Whistle Blowing Policy and Procedures (how to raise a concern in confidence)
  • Training, Briefing and Awareness
  • Responsibilities of Internal Staffs and its Declarations.
  • Responsibilities of External Business Associates and its Declaration.

iv. Implementation of the Policies and Procedures

  • Integration into daily operation procedures and internal audit – where available
  • Inclusion into HR Policies and Procedures
  • Periodical checking, reporting, discussion, corrective and disciplinary actions
  • Reporting Loop
  • Corruption and Bribery Register Maintenance
  • Systems thinking way and Andragogy concept for successful implementation.
1:00 Lunch
2:00

Preventive Actions
i. Core Value Statement

  • What is it and what criteria should the statement fulfill.
  • Walk the Talk – Inculcating
5:00 End of Course