Anti-Bribery & Corruption Awareness – S. 17A Corporate Liability Perspective

22 Aug, 2023, Remote Online Training - Public

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KAVITHA GUNA SEGARAN

Bachelor of Jurisprudens (Hons) Malaya, CLP Advocate & Solicitor, High Court of Malaya 2001

 

Kavitha is a qualified lawyer with 19 years of experience. She is the founding partner of a legal firm based in Kuala Lumpur. She is certified trainer under the Human Resources Development Fund ("HRDF’).

 

She specializes in the area of Employment and Industrial Relations. Kavitha has much

experience in handling both local and foreign employees as well employees’ trade union of

various industrial sectors on a wide range of both individual and collective disputes including statutory employment rights and obligations, employee performance, disciplinary action, union recognition issues, collective bargaining, non-compliance of collective agreements and dismissals.

 

Kavitha represents her clients in disputes before the Labour Court, Industrial Court as well as the High Court and Court of Appeal with cases won duly reported in the Industrial Law Reports and Current Law Journals.

Her significant experience includes:-

Advising corporate organizations on dispute settlements, corporate reorganising exercise such as retrenchments schemes and voluntary retrenchment schemes, conducting domestic inquiry proceedings and rendering advice on general misconduct issues.

Appointed by a national trade union to resolve union recognition issues.

Kavitha is able to provide insightful and practical advice and strategies for corporate

organizations on disputes in the arena of employer-employee relationships.

At the same, time she has a passion to train and share her knowledge and insights in respect of the area of Employment Law & Industrial Relations.

Venue Details

Remote Online Training - Public

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@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
  • Module 1 – Key Changes Made to Current MACC Act 2009 (Amendment 2018)
  • Module 2 – Forms of Corruption and Bribery
  • Module 3 – Developing an Anti-Bribery Management System (“ABMS”)
  • Module 4 – Bribery Risk & Assessment Approaches
  • Module 5 – Establishing Policies & Control Measures
OVERVIEW

In recent years, there has been a rise of corruption acts not only globally but as well as in Malaysia. Although, the Corruption Perception Index (CP1) shows that Malaysia has fallen in rank from 55th to 62nd, latest findings from Global Corruption Barometer (GCB) also states that over 59% of Malaysia citizens agree to the rise of corruption. Accordingly, based on the Business Integrity Country Agenda 2017 (BICA), it has been found that Malaysia has scored unsatisfactorily in areas such as prohibiting undue influence, political contribution control and whistle blowing policies.

It is now therefore imperative that corporate liability be imposed on companies because it helps to prevent private corruption. In this regard, the newly included provision in the Malaysia Anti-Corruption Commission (MACC) (Amendment) Act 2018, namely Section 17A, criminalizes an organization of all sizes for corruption related action by associated person done for the benefit of the company.

KEY OBJETIVES

The aim of this course is to help participants grasp and understand the essence of Section 17A of the MACC (Amendment) Act 2018 that focuses on corporate liability, its implications and practical solutions to ensure businesses operate with integrity and ethical practices.

Upon completing this course , the participants should be able to:-

  • Understand the key features and implication of the new corporate liability provision.
  • Understand how corruption may impact their organization and what constitute the corruption conducts.
WHO SHOULD ATTEND
  • Media And Creative Practitioners, Designers, Content And Copywriters, etc.
  • Brand And Marketing Managers/Executives, etc.
  • Business Owners
  • Anybody Who Wants To Develop Their Content Creation Skills.
COURSE CONTENT
9:00

MODULE 1 – KEY CHANGES MADE TO CURRENT MACC ACT 2009
(AMENDMENT 2018)

  • Overview of the amendments to the MACC Act 2009 (Amendment 2018)
  • Key features of the new Section 17A on corporate liability
  • Implications to organizations, directors, partners and management team
  • Offences and penalties under Section 17A of the MACC Amendment Act 2018


10.45

MODULE 2 – FORMS OF CORRUPTION AND BRIBERY

  • What is Corruption and Bribery?
  • Types of corruption conduct
    - Bribery
    - Influence Peddling
    - Cronyism
    - Embezzlement
  • Types of Bribery
    - Cash
    - Gifts and Entertainment
    - Travel & Events
    - Charity & Political Donation
    - Preferential selection (employee/ vendor)
    - Facilitation Payments
    - Conflict of Interest
  • Case studies on reported cases in court – insights and key lessons learnt from corruption cases prosecuted in Court

12.00

MODULE 3 – DEVELOPING AN ANTI- BRIBERY MANAGEMENT SYSTEM (“ABMS”)

  • What is an ABMS?
  • Purpose of ABMS
  • Benefits of ABMS
  • 6 Key principles of developing ABMS
  • The ABMS Structure – T.R.U.S.T Principle
    - Top Level Commitment
    - Risk Assessment
    - Undertake Control Measures
    - Systematic Review, Monitoring & Enforcement
    - Training & Communication
1:00 Lunch
2:00

MODULE 4 – BRIBERY RISK & ASSESSMENT APPROACHES

  • Definition of Bribery Risk Assessment
  • Components of an effective Bribery Risk Assessment
  • Benefits of Bribery Risk Assessment
  • Bribery Risk Assessment Process
  • Bribery Risk Assessment Approach
  • Risk Rating -Risk Parameters
3:45

MODULE 5 – ESTABLISHING POLICIES & CONTROL MEASURES

  • Integrity Policies
  • Anti-Bribery & Corruption Policy (“ABC Policy”)
  • Vendor Management Policy
  • Reporting & Escalation Process
  • Whistleblowing
  • Consequence of Non-Compliance
5:00 End of Course