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Anti-Bribery and Corruption-S. 17A Corporate Liability Perspective

20-21 Sep, 2021, Virtual Classroom Training

IPA Training is Registered with

Venue Details

Virtual Classroom Training


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

Jane,

Office: 03 2283 6101

Mobile: +60 129418251

jane@ipa.com.my

Keith,

Office: 03 2283 0000

Mobile: +60 162272735

keith@ipa.com.my

ADDRESS

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

FOCUSING ON

  • Part 1: Fundamentals On MACC ACT 2009 – Strategic Values

    • Laws and Standards governing Ethics, Bribery & Corruption
    • Definition Bribery & Corruption
    • Definition of Asset Misappropriation
    • Investigation Process and Procedures
    • Risk and Corporate Governance

     

  • Part 2: Guideline And Implementation Of No Consent Requirement & Adequate Procedures To Support MACC Act 2009 & 2018 (S. 17A & 17B)
    • No Consent
    • Adequate Procedures Encompass The Following
    • Developing and Implementing Anti Bribery and Compliance Programme
    • Due Diligence
    • Improving Ethical Behaviour in Business
    • Selection & Performance Management of Suppliers
COURSE OBJECTIVE

This course 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.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding background, structure and intent of Malaysian Anti-Corruption Act 2009 and Amendment Act 2018 (S. 17A).
  2. Interpreting the requirements for ‘adequate procedures’ as per MACC Act 2009 based on the principles of T.R.U.S.T.
  3. Understanding and learning methods of conducting due diligence within the parameters of legal provisions.
  4. Being able to identify existing / potential ethical conduct within the organization or emanating from 3rd party engagement, which may have an impact on Business Continuity activities.
  5. Understanding the Legal Impact(s) due to ineffective management of unethical business conduct.
  6. Defining malpractices & Spotting The Red Flags during the course of hiring, sourcing and contract management and also Account Payables.
  7. Describing the Plan-Do-Check-Act management system and how it relates Adequate Procedures.
  8. Understanding about Pre-Employment Screening & Whistle- Blowing.
  9. Understanding Malpractices Detection & Profile Auditing.
  10. 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.
METHODOLOGY
  • Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
  • Breakout Sessions
  • Virtual Learning
  • Case Studies on various reported Cases
  • Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind
DAY 1
9:00

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
10.15
  • 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
12.30 Lunch
1.15

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
3.15
  • 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
5:00 End of Day 1
DAY 2
9:00
  • Recap of Day 1
  • 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
10.15
  • Improving Ethical Behaviour 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)
12.30 Lunch
1.15
  • - 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
3.15
  • - Desktop Exercise
    - Corruption Risk Assessment
    - Group Presentation
5:00 End of Course