Corporate Liabilities Under S.17A of the MACC Act 2009, Mitigation Guidelines & ISO 37001

29 Nov, 2021, Virtual Classroom Training

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MR. TAN KOK TEE has over 40 years of experience in financial, strategic and general management. He has held a variety of leadership and senior management roles in various organizations, the last being Group Chief Executive Officer. More than half of this time were spent in the Manufacturing Marketing & Distribution and Services organization, including Inchcape Timuran Berhad, Metroplex Berhad, and Perdana Industries Berhad.

 

He is a Fellow member of the Association of International Accountants, UK; Member of the Institute of Public Accountants, Aust.; Member of the Chartered Tax Institute of Malaysia; Member of the Malaysia Associations of Company Secretaries, holds a MBA in Finance from Charles Sturt University, Australia and a Gold Mastery Holder in Reinventing Strategic Planning and Management from the Haines Centre for Strategic Management, sponsored by University of San Diego, USA.

 

He is also a Certified Trainer with PMSB’s Train The Trainer Certificate since 2009 and a life member with the Malaysian Institute of Directors.

 

Mr. Tan has been involved in training and facilitation since beginning 2009. To-date he had conducted more than 300 training workshops, of which more about 200 are on GST including GST Accounting for both in-house as well as public, including for Government Authorities, Chamber of Commerce, Government Link Companies, Banks, Malaysian Institute of Accountants, Chartered Institute of Management Accountants, Selangor state Human Resource Development Centre, Negeri Sembilan state Skills Development Centre, NGOs, political party as well as on behalf of various other training providers.

 

He also developed and delivered an Entrepreneurship program (training) especially for MBA students from GC University, Pakistan in collaboration with Sunway Education Group for period 2010 to 2014. He was also an assessor for the UTAR’s NGO strategic planning program and an invited speaker for the Asian Financial Controller’s Congress in 2009, 2010 and 2011.

Venue Details

Virtual Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Phoebe,
M - 019 363 7822
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Bribery / Corruption
  • Ground for defend in the commitment of the offence by commercial organization
  • Introduction to the ISO37001: Anti Bribery Management System Standard
  • Whistle Blowing

    A Certificate of Completion with 4 hours CPD points will be awarded upon completion.
OVERVIEW

MACC Act since 2009 has been mainly cover individuals because Companies by itself is not a natural person and is treated as having inability to commit criminal offences due to its lack of Actual Physical Existence and have intention to commit offences, even though the companies could be the one that benefit from the briberies and corruption act of its associates including employees.

 

Hence Section 17A, a new section in the MACC act which has been effective since 1/6/2020 will cover this gap.

 

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 20 years in prison or both.

 

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.

 

Hence S17A(4), allows it as 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 4-hour interactive course is to help participants to be aware of such legislations and defense availability and implement an effective anti-bribery management system.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Increasing and achieving an understanding of S17A of the MACC Act.
  2. Initiating mitigation strategies in controlling Bribery.
  3. Managing the implementation of an effective anti-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
  • Financial Controllers and Managers,
  • Accountants and Company Secretaries,
  • Senior Managers, Managers and HODs
  • Risk Management Managers, Strategy and Planning Managers,
  • Risk Management / Compliance Executives and Managers
  • Internal and External Audit Professionals / Personnel
METHODOLOGY
  • Interactive Lectures, Participative And Active Group Discussions And Q & A Sessions
COURSE CONTENT
9:00

BRIBERY / CORRUPTION
i. Legislations

  • What is and constitute as 4 main offences under the MACC Act. 2009 and who is cover under the act before S.17A comes into effect.
  • What constitute Bribery and Corruption?
  • Why was S.17A introduced into the MACC Act in 2018 for effective from 1/6/2020
  • 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 under S.17A.
  • Personnel deemed to be committed the offence under S.17A
10.00

GROUND FOR DEFEND IN THE COMMITMENT OF THE OFFENCE BY COMMERCIAL ORGANIZATION
i. Government Guidelines on Adequate Procedures under their 5 principles as mitigation for the Corporate Offence / Liability.

  • Top Management strong tone on zero tolerance of corruption
  • Risk Assessment and Management – check list
  • Undertake control measures
  • Systematic review of the Policies and Procedures efficiencies and procedures
  • Training off all employees and stakeholders systematically.

ii. Implementations of policies and procedures

  • Integration into daily operation control 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
11.00

INTRODUCTION TO THE ISO37001: ANTI BRIBERY MANAGEMENT SYSTEM STANDARD

  • Structure of the Standards
  • Explanation of their 10 clauses
12.00

WHISTLE BLOWING

  • Whistle Blowing Act
  • Whistle Blowing Policy and Procedures
  • Responsibilities of Internal Staffs and its Declarations.
  • Responsibilities of External Business Associates and its Declaration.
1:00 End of Course