Corporate Liability Provision 17A: Anti Bribery, Anti Corruption & Anti Money Laundering

Corruption poses a significant challenge in Malaysia, affecting both the public and private sectors and creating a multifaceted issue. It's likened to a contagious ailment capable of eroding our economy and institutions over time. The ramifications of corruption are severe, encompassing legal, reputational, and financial risks for individuals and businesses. Over the past five years, the Malaysian Anti-Corruption Commission (MACC) has apprehended more than 800 individuals involved in cases concerning commercial entities. Despite the existence of the Malaysian Anti-Corruption Commission Act since 2009, instances of corruption within the private sector have been escalating. This prompted the need for a fresh approach, leading to the incorporation of S.17A, a new provision for corporate liability, into the prevailing MACC Act 2009 by the Malaysian Government. The new provision significantly diminishes the protection of the corporate veil, thereby holding top management, partners, and directors of organizations directly accountable. They can face substantial fines and potential imprisonment if their employees or agents are discovered engaging in corrupt activities for the benefit of the organisation.

This training holds vital importance for all businesses operating in Malaysia. It will delve into the offenses outlined in the MACC Act 2009, the newly introduced corporate liability provision, and the guidelines published by the Prime Minister’s Department on the principle of “Adequate Procedures”. Additionally, it will shed light on the Whistleblower Protection Act 2010 and ISO 37002, emphasizing the establishment of an internal whistleblower protection system within organizations. Furthermore, insights from ISO 37001 concerning the implementation of an internal anti-bribery management system will be covered.

While best practices aim to prevent bribery and corruption within organizations, their efficacy diminishes if employees lack awareness and training on corruption-related issues. Anti-bribery training is imperative, for companies operating in a local or global context. Engaging staff in anti-bribery and anti-corruption training is crucial. Employees need a comprehensive understanding of anti-corruption principles and compliance with local laws.

Moreover, this training will address Malaysia’s current corruption landscape, its impact on the economy, and how organizations can contribute to the fight against corruption while supporting the National Anti-Corruption Plan's success. Case studies, practical examples, and an exploration of corruption risks will equip participants with essential strategies and methods to implement high governance standards within their workplace.

Importantly, this training serves as a demonstration to management, employees, stakeholders, and associates that rigorous efforts have been invested in training employees based on globally recognized best practices. It showcases a commitment to upholding sound governance principles within organizations. Additionally, it can serve as a defence in legal matters, showing proactive steps taken to prevent corruption by adhering to Point 4.5: “Principle V: Training and Communication” of the adequate procedures guidelines issued by the Prime Minister’s Office, emphasizing adequate training and communication on this critical topic within the organization.

COURSE OBJECTIVES:

1. Understanding Malaysia’s corruption problem in a micro level and the role private sector plays in the fight against corruption
2. Understanding international instruments and Learning offences and requirements under the Malaysian Anti-Corruption Commission Act 2009 and the new corporate liability provision.
3. Learning about Malaysia’s Whistleblower Protection Law, ISO 37001 and ISO 37002
4. Learning to apply high standards of integrity, compliance and best practices in the organisations

TERMINAL OBJECTIVES

Upon completion of the training program, attendees will acquire the ability to comprehend Malaysia's current state of corruption, identify offenses outlined in the MACC Act 2009, grasp the legal safeguards provided to whistleblowers, and proficiently establish robust whistleblower and anti-bribery policies within their organization. Additionally, participants will gain insights into the private sector's role in combating corruption and learn the implementation of elevated standards of integrity, compliance, and best practices within the organization.

Executives and Managers, Directors and Top Management, HR Team, Governance, Risk and Compliance Team, Operations Team

• Lecture, Videos, Group Discussion, Games, Case Studies, Personal Reflection.

   

K. STANLEY
Bachelor of Laws (Honours)- Northumbria University, Newcastle UK
Certificate in Legal Practice- The Malaysian Legal Profession Qualifying Board

Sudhagaran Stanley read Law at Northumbria University in Newcastle UK. He currently holds the position of Deputy Chief Executive Officer at the Center to Combat Corruption and Cronyism (C4 Center), an organization dedicated to advocating for good governance and combating corruption in both the public and private sectors.

Throughout his professional career, Stanley has held several significant roles, including his past position as Chairman of the Commission of Migrant and Itinerants, Malaysia, Singapore, and Brunei. He also served as the former Coordinator of the Migration Working Group Malaysia. In addition, he co-founded the Lifebridge Learning Center, where he sits on the Board of Directors. This center provides free education to disadvantaged urban residents and refugees in Malaysia. Stanley is also a co-founder of the Islanders Tamil Youth Network, a youth movement based in Penang.

Stanley's work has taken him to various countries around the world, where he has presented and participated in training sessions, conferences, and advocacy meetings related to his extensive portfolio. These countries include the US, UK, Germany, Netherlands, Italy, UAE, India, Nepal, Indonesia, Cambodia, Philippines, Thailand, and Singapore.

In 2018, Stanley was selected as one of six leaders by the British High Commission in Malaysia to represent Malaysia in the "Young Leaders Exchange Visit" to the United Kingdom. During this visit, he engaged with institutions such as the British Parliament, The Foreign and Commonwealth Office, The British Broadcasting Corporation (BBC), and the Westminster Foundation for Democracy.

Stanley is known for his expertise in human rights, good governance, and anti-corruption policies, which are frequently published by Malaysian news media outlets. He has provided interviews to various news agencies, including Bernama, Astro Awani, Malaysiakini, The Edge, BFM radio, The Sun, Sinar Harian, and The Star. Additionally, Stanley has been featured on the "Consider This" live show a number of times on Astro Awani, where he discusses anti-corruption and related topics.

His professional background includes close collaboration with institutions such as The Malaysian Anti-Corruption Commission (MACC) and The National Centre for Governance, Integrity, and Anti-Corruption (GIACC). He has contributed his views on policies and laws, as well as participated in joint programs as part of his work portfolio. Stanley is a member of the All-Party Parliamentary Group (APPG) on political finance, a parliamentary working group comprising members from the ruling coalition, opposition, and civil society. This group advocates for political finance law reform in Malaysia. He is also a member of the Whistleblower Protection Act reform task force, led by the Legal Affairs Division under the Prime Minister's Department, aimed at reviewing and proposing amendments to the act. Furthermore, Stanley has conducted training sessions for civil servants and government-linked labor union leaders as part of an anti-corruption strategy to foster a change in attitude and align public service delivery with good governance principles. He has also been involved in investigation committees and panels established by management to probe suspected corrupt incidents and abuse of power within organizations, providing recommendations for policy improvement.

Other Qualifications:

• Authorized Unit Trust Consultant- Federation of Investment Managers Malaysia
• Authorized Insurance Consultant- The Malaysian Insurance Institute
• Registered Financial Planner- Zurich Insurance Malaysia
• Certification on Ethical Business and Recruitment Practices in Labour Migration in the Middle East, North Africa and Asia (Diplomacy Training Program) Faculty of Law, University of New South Wales, Australia
• Certification on Contemporary Challenges to International Criminal Justice (Summer Academy) Northumbria University, Newcastle UK.
• Certification on Business and Human Rights (Diplomacy Training Program) Faculty of Law, University of New South Wales Australia
• A-Levels Thinking Skills- Cambridge University London
• Accredited Human Resource Development Corporation (HRD-Corp) Trainer

To contact Stanley for any speaking, training and consultancy engagements, please contact us at +603 8074 9056 | Mobile +6012 6869  628 or email: info@iTrainingExpert.com

"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

" After attending the training, I felt that I had sufficient knowledge to apply at my workplace. The trainer has vast knowledge and experience in this field." Sham - Head of Engineering

"I had so many questions and doubt in my head before attending the class. The trainer, Mr Moorthi is experienced and provided clear explanations with examples that helped me understand the topic clearly"_ Ramanathan Sinniah-Asst Legal Manager Cenergi SEA 

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