This workshop give you a solid understanding in bribery, corruption detection and prevention in Malaysia in accordance with 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. A special section on money-laundering will also be discussed to offer a ‘big picture analysis’ of the subject.
Effective 1st June 2020, Section 17A of Malaysian Anti-Corruption Commission Act 2009 imposes strict corporate liability on a commercial organisation for corrupt practices of its employees and/or associated persons where these acts are carried out for the organisation’s benefit or advantage.
WHO WILL BE PENALISED?
Top level management (i.e.: directors, managers) is ultimately responsible for ensuring that the anti-corruption measures are implemented within and throughout every level of organisation.
Upon conviction, the corporate liability offence carries the following penalties: ‘a fine of a sum not less than 10 times the value of the gratification, or RM1 million, whichever is higher, imprisonment for a term of not more than 20 years, or liable to be both.
This course is highly recommended to all organisations to understand the nuances of the act and the implications it has on your business continuity.
This session shall focus on establishing defense methods againstcorporate liabilities.
An anti-bribery policy demonstrates a company’s commitment to preventing bribery and corrupt activities, and all staff should be instructed to familiarise themselves with the information it contains.
- Having this policy in place ensures that everyone knows what to do in regards to preventing bribery, which minimises the risks of bribery and corruption occurring in your business and therefore protects your company from facing any issues with the law.
- Demonstrate its understanding of anti-bribery law.
- Emphasise that the company has zero-tolerance for bribery.
- Specify whom the policy applies to.
- Clarify the company and employees’ responsibilities
- Reduce and control bribery risks.
- Provide rules about accepting gifts.
- Provide guidance on how business should be conducted so to prevent bribery.
- Provide direction on how to avoid conflicts of interest.
- Include information about monitoring and reviewing the policy.
By the end of this course, participants will be able to :
• Acquire complete knowledge and information related to corruption and corrupt practices in the workplace
• Gain the necessary awareness to predict corruption and put in place the necessary steps to prevent the occurrence
• Understand the essence of a new amendment to the MACC Act 2009 that focuses on corporate liability and its implications
• Understand the risk of Corruption and its impact on the business
Who Must Attend
This Anti-Bribery, Anti-Corruption and Anti-Money Laundering course or a discussion of Section 17A MACC 2009 is suitable for all businesses that are required to have an anti-bribery policy in place within their organisation. The course is also suitable for individuals who wish to improve their knowledge of the MACC Act and/or who have a responsibility for ensuring anti-bribery procedures are followed in the workplace.
- 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
MODULE 1: OVERVIEW OF CORRUPTION
- Definition of Bribery
- Forms of corruption?
- Corruption offences
- Basic understanding of Malaysian Anti-Corruption Commission (MACC) & MACC Act 2009
MODULE 2: CORPORATE LIABILITY
- Corporate liability for violating laws
- Corporate Criminal liability
- Corporate liability provision
New wave of legislation
MODULE 3: INTRODUCTION TO SECTION 17A MACC Act 2009
- The Classification of Commercial Organizations
- Corporate Liability Provisions
- Section 17A of MACC Act 2009 / (MACC Amendment Act 2018)
MODULE 4: DEFENCE UNDER SECTION 17A – ADEQUATE PROCEDURES
- How may Adequate Procedures be developed?
- Understanding 5 keys principles of Adequate Procedures
- Failure to report
- Prescribed Offence
- Malaysian Anti-Corruption Laws & Regulations
Guidelines on Adequate Procedures
1. Top-Level Commitment
2. Risk assessment
3. Undertaking control measures: Gift policy & Disguise transactions
4. Systematic review, monitoring & enforcement
5. Training & communication
MODULE 5: ISO 37001:2016 ANTI-BRIBERY MANAGEMENT SYSTEM
- Bribery & Corruption Regulations, Conventions
- Management System Control
- Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidents at respective work locations.
- Breakout Sessions in Virtual Learning / Classroom Face To Face Session
- Case Studies on various reported Cases
- Energiser - Breaking Monotony Sessions
LL.B (Hons) London, CLP - Malaysia
K.Pathmanathan, who holds an LL.B (Hons) London, CLP – Malaysia, has been actively involved in the field of education, management and training. He has more than twenty-five years of professional experience as a trainer and principal consultant in various legal areas, including Commercial Contracts, Data Protection, Sexual Harassment, Debt Recovery and now Corporate Liability on Corruption.
• Trained and lectured for private companies and government entities Participants made up of managers, CEOs, CFOs, corporate and government support staff, executives, supervisors and staff of all levels.
• Conducted legal and management seminars for organizations which included providing consultation.
• He has taught in many Government-sponsored programs conducted by the FMM, such as the Entrepreneur Development Skills program and also for numerous NGOs.
Benefits of Mr.Pathmanathan as Your Trainer
He is able to combine the elements taught in a specific program both legal and management with real life requirements for those on the job.
- Mr. Pathmanathan is a hands-on, bilingual trainer who graduated with LL.B (Hons) from theUniversity of London in 1986 and the Certificate In Legal Practice (Mal) in 1987.
- He has excellent classroom management skills and is able to bring out the extrovert in participants resulting in in-depth lasting results.
- He is the pioneer trainer for some legal programs in Malaysia such as the Contract Management program.
- He takes part in seminars and conferences which touch on the latest developments in Malaysia and globally.
- Mr Pathma is extremely proficient in the subject matter that he trains on and well sought after by the corporate sector.
Participants have found his training programs interesting, highly effective, and practical for their daily duties. These have been manifested in the post-training evaluation reports and the strong recommendation by participants for others to attend Mr. Pathma’s programs. He has a personal commitment to helping individuals and organizations to achieve their highest potential and vision. His clients are mostly from the petrochemical industries, manufacturing sectors, banking, telecommunications, consumer products, and services industries namely big corporate companies such as Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, TM Touch, Hitachi, Tioxide(M) Sdn. Bhd., Ambank, Affin Bank, Bank Rakyat, Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Infineon Technologies, STEC, Wong Engineering, Silterra, Teknik Janakuasa, B Braun, Bax Global, Transocean Malaysia, Harbour Board – Sarawak, Silitek Corporation, Mattel (M), United Sweethearts Garment, Yan Jin (M), BAX Global, Circle Freight, Kintetsu Air Services, Bayview Beach Resort, Cititel Penang, Evergreen Laurel Hotel, DIC Compounds, Sitt Tatt Co, Tim Electronics, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, H. K. Lamtech, Advance Sound Products, Paramount Engineering, Motosikal & Enjin Nasional Berhad (Modenas), Yamaha and Sime Tyres International to name a few. Participation from the Government sectors include those from the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja Malaysia, Jabatan Kesihatan PP, Customs Department, Local Councils and other government agencies. Mr. Pathmanathan is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London in 1986 and the CLP (Mal) in 1987.
DR PONMALAR SANNAGY is a PSMB Certified Trainer and a Business Coach with over 17 years of training experience. Malar holds a Bachelor of Arts, majoring in Anthropology & Sociology from National University of Malaysia (UKM), a Master’s in Business Administration at University Utara Malaysia (UUM). She is currently pursuing Doctorate in Business Administration at UUM. She is also a member of Malaysian Association of Training Providers(MATPRO), Certified Practitioner of Neuro-Linguistic Programming(ABNLP), Certified KPI Professional & Practioner (KPI Institute), Certified Sujok Acupressure Therapist AND PSMB Approved Mentor for SMEs (FIRE Programme).
Malar has held prominent positions in various MNCs in Malaysia as a Senior Production Executive, Training Executive, Quality Control Executive and Head of HR and Training Department. She has also developed vast experience in the full spectrum of Train The Trainer, Strategic Performance Management, Strategic Thinking & Planning, Quality Control, Scenario Planning, Talent Management, Balance Scorecard, HRM, Employment Act, IR, Domestic Inquiry, Organizational Behaviour, Performance Appraisal, TNA, Performance Improvement Planning(PIP), KPI Indicators, Transformational Leadership, Strategic Leadership, Problem Solving & Decision Making, Critical Thinking, Making Innovation Happen, Recruitment and Behavioural Interviewing Skills, Behavioral Event Interviewing Skills(BEI), Customer Service, Change Management, Public Speaking & Presentation, Communication, Presentation Skills, Team Building, Marketing, Purchasing & Negotiation Skills, Business English & Business Writing, Leveraging The Generation Gap, Competitive Intelligence, Competency Based Behavioral Interviewing Skills and Competency Based Supervisory Skills. She also actively undertakes consultation work and projects relating to Customer Service Framework, Implementation of KPI, Organization Goal, Vision and Mission setting, Company Profiling, Leadership profiling, Job analysis, Gap analysis and etc. Malar has personally coached and trained employees from Asian countries such as Singapore, India, Thailand, Vietnam, Laos, Myanmar, Brunei, Maldives, Mauritius, Cambodia, Middle East(Oman) and Indonesia.
Some of Malar’s notable clients for Public and In-House programmes are Boustead Petroleum Marketing Sdh.Bhd, GITN Sdn Bhd, Maxcare Success Sdn Bhd, Power & Motion Control Sdn Bhd, Terminal Bersama Sdn.Bhd, Flowco(M) Sdn.Bhd, Petronas Chemicals MTBE Sdn.Bhd, Weida(M) Bhd, God Coin Sarawak, Sri Datai Construction, Cahaya Mata Sarawak Mgt Services, Datasonic Technologies Sdn Bhd, Kesas Sdn Bhd, Malaysian Diagnostics Corporation Sdn.Bhd, Langkawi Cruise Sdn.Bhd, Star Cruises Shipping Agency (M) Sdn.Bhd, Ibiden Electronics Malaysia Sdn.Bhd, Tiger Oilfield Services, Labuan Liberty Port Management, Idaman Pharma Manufacturing Sdn.Bhd, Limocab(M) Sdn Bhd, Total Dynamic Engineering Sdn.Bhd, Central Force Sdn.Bhd, Pac Lease Berhad, BH Reality Sdn.Bhd, Big Tree Outdoor Sdn.Bhd, Datasonics Smart Solutions Sdn.Bhd, KPJ Selangor Specialist Hospital, Petronas ICT Sdn.Bhd, Southcorp Capital Sdn.Bhd, Foxboro (M) Sdn.Bhd, TNB Janamanjung SDn.Bhd, Jobstreet.com Shared Services Sdn Bhd, HSC Medical (KL) Sdn Bhd, Bollore Logistics Malaysia Sdn.Bhd, Sabah Tourism Board, Redtone Telecommunications Sdn.Bhd, UPECA Aerotech Sdn.Bhd, KUB Malaysia Berhad, Maju Holdings Sdn.Bhd, Petronas Chemicals Ethylenne Sdn.Bhd, Malaysian Electronic Payment System Sdn.Bhd, Adient Automotive Seating (M) Sdn.Bhd, Bemis Asia Pacific Sdn.Bhd, Dong Energy IT Malaysia Sdn.Bhd, Ryco Hydraulics Sdn.Bhd, Salcon Engineering Berhad, Flexible Ducting (M) Sdn.Bhd, Wear Safe (M) Sdn.Bhd, Siegwerk Malaysia Sdn.Bhd, Kemaman Bitumen Company Sdn.Bhd, One Medicare Sdn.Bhd, Delphi Packard Electric (M) Sdn.Bhd, Canon Marketing (M) Sdn.Bhd, Federation of Investment Managers Malaysia, Spirit AeroSystems Malaysia Sdn.Bhd, Motorola Solutions Malaysia Sdn.Bhd, Reltech Ventures Sd.Bhd, Port Klang Free Zone Sdn.Bhd, LSEG Malaysia Sdn.Bhd, Mattel Global Shared Services Sdn.Bhd, Integrated Logistics Solutions Sdn.Bhd, Sophic Automation Sdn.Bhd, Mattel (M) Sdn.Bhd, Boustead Petroleum Marketing Sdn.Bhd, Reserve Bank of India, Affin Bank Berhad, Bank Islam, Bank Rakyat, BSN, Puncak Niaga(M)Sdn.Bhd, MRCB, Semasa Sentral Sdn Bhd, PNS, PNB, PUNB, Perkeso, Pbk Logistics Sdn.Bhd, Sabasun Hyperruncit, Merdeka Palace Hotel, Sipadan Beach Resort, Penang Adventist Hospital, Sabah Medical Centre, Columbia Asia Hospital, KPJ Hospital, Mawar Renal Medical Centre, TNB, JKR, Carigali Petronas, CMS Cement Sdn Bhd, Mimos, CCM Berhad, MIDF, Optimal Consultant Partnership Sdn.Bhd, Ansel Sdn.Bhd, Sunway Hotel, Kinabalu Motor Assembly, TATA Group of Companies(India), Jabatan Pertanian Sabah, Malaysia LNG Sdn.Bhd(Bintulu), Asean Bintulu Fertilizer, University Hospital, University Malaya, Unikl, Uniten ,IOI Edible Oil Sandakan, Cabot (M), Deutch Bank, Skypark, HRDF, Eudeco, , ASTRO, MIMOS, Weida Integrated Industries, LF Asia Sebor(Sabah), Takahari Marketing, Diethelm Travel (Kota Kinabalu), Ulink Ascot Sdn.Bhd, Healthtronics, Institut Perkhidmatan Awam Brunei, Tong Heer Aluminium Industries Sdn Bhd, Malaysian Embassy in Vietnam, Institut Perkhidmatan Awam Brunei, Ekowood, Denshi Maruwa, Motorola, MAS, Seagate, Fuji, Motorola, Panasonic, Naza Academy, Inokom, Aicello, Teleplan, Actiforce, Vietcom Bank, NGA Hunan Resources,Kit Loong, Infineon, Eye Level, UOB bank, Maybank, Bank Rakyat, BSN, Ambank, MDEC, SWAN, SADA, Honeywell, Carsem, Light Hotel Penang, Sunway Hotel, Royal Chulan Hotel, Hotel Seri Malaysia, AirAsia, MAS, Draeger, Inteksof, Ministry of Finance Brunei, First Solar, STO Maldives, SEB Sarawak, B Braun, Panasonic, Fuji Electric, Aiecello, AUO SUNPOWER, YEE LEE Edible Oil, B Braun, ROHM-WAKO Electronics, Healthtronics, Honda, Wood Group Mustang, Golden Ecosystem, Sena Diecasting, Hanson, Hitachi Tansport, AEC, Honda Malaysia, A-Look Eyewear Sdn Bhd, Kumpulan FIMA Berhad, Meridian Inspiration Sdn Bhd, SGL Carbon Sdn Bhd, TT Dotcom Bhd, UMW Synergistic Generation Sdn Bhd, BSG Construction (Malaysia) Sdn Bhd, KUB Malaysia Berhad, Abex Medical System Sdn Bhd, Orpic Corporate Sohar Oman, Monash Universsity, Kesas, Hitachi Data Systems Sdn Bhd, Pharmaniaga Biomedical, Sarawak Forestry Corporation, The Royal Selangor Golf Club, Yayasan Peneraju Pendidikan Bumiputera, Universiti Utara Malaysia(UUM), Kuwait Finance, VADs, Mac Food, KFC, Perodua Sales Sdn.Bhd, Hasil Karya Sdn.Bhd, Tokio Marine Life Insurance Bhd and etc. She also developed few essential module for the government initiated programme for Graduate Housewives(HEARTS) in Malaysia.
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"I feel eager to enhance and refresh my knowledge. After the training, I am more informed of the needs to be improved in drafting the contracts. The Trainer is knowledgeable and hands-on in delivering the training_Azman- Senior Manager Legal Malakoff Corporation Berhad
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