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

15 Nov, 2022, Remote Online Training - Public

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Venue Details

Remote Online Training - Public


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

    • Laws and Standards governing Ethics, Bribery & Corruption
    • Definition Bribery & Corruption
    • Definition of False Claim
    • Risk and Corporate Governance
    • Improving Ethical Behavior in Business

    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
    • Importance of Record Keeping and Documentation
    • Bribery and Corruption Risk Assessment and Management

COURSE OBJECTIVE

This course is designed to give participants an awareness of bribery and corruption detection and prevention in Malaysia in accordance to the Malaysian Anti-Corruption Commission Act 2009 and other relevant Laws in Malaysia and its application within the organization and the related industries & trade.

In 2018, amendments were made to the existing law to include the Corporate Liability provision, i.e S.17A. 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 an overview of methods of establishing these defenses.

COURSE LEARNING OUTCOMES
  1. Comprehend The Background, Structure And Intent Of Malaysian Anti- Corruption Act 2009 And Amended Provision (S.17A)
  2. Interpret The Requirements For ‘Adequate Procedures’ As Per MACC Act 2009 Based On The Principles Of T.R.U.S.T
  3. Identify Samples Existing / Potential Ethical Conduct Within The Organization Or Emanating From 3rd Party Engagement, Which May Have An Impact On Business Continuity Activities
  4. Identify The Legal Impact(S) Due To Ineffective Management Of Unethical Business Conduct.
  5. Distinguish That Impacts Of Non-Compliance To The Malaysian Anti- Corruption Commission Act 2009 And Relevant Organizational Anti Bribery And Corruption Policies
  6. Differentiate The Definition Of Malpractices & Spotting The Red Flags During The Course Of Hiring, Sourcing And Contract Management And Also Account Payables
  7. Recognise The Importance 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
COURSE OUTLINE
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
    Case Studies
  • Definition of False Claim
    Case Studies
  • Risk and Corporate Governance / Ethics
    - Fundamentals
    - Importance of Processes & SOPs
  • Improving Ethical Behavior in Business
    - 3 Key Elements that Influences Ethical / Unethical Decisions in an Organization
    o Individual Standards & Values
    o Managers & Co- Workers Influence
    o Opportunity (Codes & Compliance Requirements)
1.00 Lunch
2.00

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
    ? o Top Level Management Involvement
    ? o Risk Assessment & Management
    ? o Undertaking Control Measures
    o ? Systematic Review of Processes
    o ? Training & Communication
  • Developing and Implementing Anti Bribery and Compliance Programme
    - 3rd Party communication & management
    o ? Engagement (Contract)
    o ? Performance Management
    o ? Consequence Management
    - Internal Controls and documentation
    o ? Hiring (Contract)
    o ? Performance Management
    o ? Consequence Management
    - Communication and training
    - Promoting and incentivizing ethics and compliance
    - Seeking guidance – Detecting and reporting violations
    - addressing violations
    - Compliance to HR Policies (Employee Relations & Code of Ethics)
    - Whistleblowing Policy and Procedure (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
  • Importance Of Record Keeping and Documentation
    - Chain of Custody of records and evidence
    - Digital and Manual Records – Evidential Weightage
    - Usage of 3rd Parties to conduct Due Diligence
    - Cogency and Integrity of Data
    - Evidential Burden
  • Bribery and Corruption Risk Assessment and Management
    - Critical Business Process Identification
    - Gap assessment and analysis methodology
    - Risk Description methodology
    - Severity Rating ( Impact & Likelihood Analysis)
    - Gap Closure ( Initiatives and Action Plans)
  • Mind Mapping and Summary

5:00 End of Course