Corporate Liability Provision: Anti Bribery & Corruption

This workshop give you a solid understanding in bribery and corruption detection and prevention in Malaysia in accordance to 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.

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.

The commercial organisation includes companies incorporated in and outside Malaysia that carry on business or any part of a business in Malaysia.
Once Section 17A is triggered, the director, controller, officer, partner or anyone who is concerned in the management of its affairs is deemed to have committed the offence, unless one can prove that the offence was committed without his consent or connivance and the due diligence exercise was conducted to deter corruption.

WHO WILL BE PENALISED?
The top level management (i.e.: directors, managers) are ultimately responsible to ensure that the anti-corruption measures are implemented within and throughout every level of organisation.

Upon conviction, the corporate liability offence carries the following penalties, where a commercial organisation will be:

1. fined for a sum of not less than 10 times the value of the gratification, or RM1 million, whichever is the higher;
2. imprisoned for a term of not more than 20 years; or
3. liable to both
    

This course is highly recommended to all organisations to learn the ropes of the act and its implication on your business continuity.
 

This session shall focus on establishing defense methods to the corporate liabilities.

By the end of the course, you will be able to:

• Understand background, structure and intent of Malaysian Anti-Corruption Act 2009 and Amendment Act 2018 (S. 17A)
• Interpret the requirements for ‘adequate procedures’ as per MACC Act 2009 based on the principles of T.R.U.S.T
• Learn to conduct due diligence within the parameters of legal provisions
• Identify existing / potential ethical conduct within the organization or emanating from 3rd party engagement, which may impact Business Continuity activities
• Avoid Legal Impact(s) due to ineffective management of unethical business conduct.
• Define malpractices & Spotting The Red Flags during the course of hiring, sourcing and contract management and also Account Payables
• Describe the Plan-Do-Check-Act management system and how it relates Adequate Procedures
• Screen Pre-Employment & Whistle-Blowing
• Understand Malpractices Detection & Profile Auditing
• Obtain, collate and preserve of Digital Evidence

• 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.

2 DAYS TRAINING
Module 1: 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
• Definition of Asset Misappropriation
• Investigation Process and Procedures

Reporting

 Initiating and investigation

Evidence ( Verbal, Documentary, CCTV,Digital, Email, Eyewitness)

Domestic Inquiry and Prosecution

*Case Studies

• Risk and Corporate Governance

Fundamentals

Processes & Standard Operating Procedures

Ingredients

Environment, People and Opportunity

Dominant factor

Corporate governance in jeopardy

Generic reasons for bribery and Corruption

Risk (Reality vs Myth)

The risk domains in an organisation

Red Flags of Bribery & Corruption

Module 2: 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

IT and Physical Security

HR Processes & Procedures

Finance Processes (Accounts Receivable and Accounts Payable)

Claims Management

Inventory management

Zero Balancing - Record keeping and reporting

Credit Note Management

Disposal of obsolete and damaged goods – Scrapping Process, Writing Off 

      Process

• Developing and Implementing Anti Bribery and Compliance Programme

Top Down Exercise – Management Support

Due Diligence and Risk Management

Policy – Content Framework

Detailed policies for particular risk areas

3rd Party communication & management

Internal Controls and documentation

Communication and training

Promoting and incentivizing ethics and compliance

Seeking guidance – Detecting and reporting violations addressing violations

-Periodic reviews and evaluation of the anti-corruption programme

• Due Diligence

            Financial Records

            Methods of Conducting Due Diligence in the hiring process (Human Resources)

            Methods of Conducting Due Diligence in the sourcing and engagement of 3rd parties process
            (Procurement / Purchasing / Vendor Management)  

            Laws governing Personal Data and Financial Records Searches (PDPA 2010,   FSA 2013)
            How to manage searches within the ambits of the law

            Best practices

            Maintaining Records for Due Diligence

            Chain of Custody of records and evidence of Due Diligence

            Digital and Manual Records – Evidential Weightage

            Usage of 3rd Parties to conduct Due Diligence – Cogency and Integrity of Data     

            Evidential Burden

• Improving Ethical Behavior in Business

3 Key Elements that Influences Ethical / Unethical Decisions in an Organisation

• Individual Standards & Values
• Managers & Co- Workers Influence
• Opportunity (Codes & Compliance Requirements)

Corporate Governance (Organisational Policy)

HR Policies (Employee Relations & Code of Ethics)

Whistleblowing ( 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.

• Selection & Performance Management of Suppliers

Methodology

Reporting

Escalation Path

• Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
• Breakout Sessions in Virtual Learning / Classroom Face To Face Session
• Case Studies on various reported Cases
• Energiser - Breaking Monotony Sessions

Suresh Kumar LL.B (UK)

Suresh Kumar is a trained and certified Risk Management professional in the area of Supply Chain Risk Management and Brand Protection. He attained his Bachelor’s Degree in Law from the University of Wolverhampton (UK). He then went on to be trained and certified as an auditor and practitioner in the specialized area of Risk Management under the auspices of United States of America Customs and Border Protection (Customs Trade Partnership Against Terrorism- CTPAT Standards); and; Transported Asset Protection Association (TAPA Standards), Asia. He is also a Human Resources Development Trainer certified by the Human Resources Ministry.

He is currently the Managing Director & partner of Paradigm Group of Companies specialized in providing risk management / assessment services for internal / external associates; Consultation on Supply Chain Security Risk; Brand Standards / Management / Protection; Contract Management; Outsourcing & Subcontracting; and; Human Resources training and development programmes on various specialized topics, predominantly, Risk Management related subject matters, either on an one off  or Project basis.

In view of this, he is now working in collaboration with the Malaysian Anti Corruption Commission and the Malaysian Institute of Integrity on Community Development and Awareness programmes in relation to Anti Bribery and Corruption initiatives in Malaysia.

List of clients that have participated in S. Suresh Kumar’s training and workshop sessions:-
 

Anti Bribery & Corruption Compliance Training and Consultancy Programme

With his background of a law degree, he is able to invoke legal implications in his programmes to make it more comprehensive and value added substance. In addition, his fluency in English and Bahasa Malaysia enables him to conduct training programmes effectively in both languages.

Prior to his involvement in this field, the facilitator has wide working experience throughout his 15 years of working career in the specialized area of Risk Management, Security Management and Investigations (HR, Security (Operational and Information Security) and Safety, Corporate Governance and Ethics). Being a Head of Department in each of this portfolios, he has acquired substantial job related knowledge and experience in sectors comprising of Manufacturing, Telecommunications, Hospitality Management (Brand Standard & Management) and Contract Manufacturing (Brand Protection and Management).  He is also a trained Workplace Counselor and by virtue of his portfolio of having to deal with people of different job hierarchy, he has very profound people management skills, negotiation skills and effective interaction skills. His previous employers and related portfolios are as follows:-

• Infineon technologies (M) Sdn Bhd – Security Manager (Backend Manufacturing Plant, Melaka)
• Celcom Axiata Sdn Bhd – Manager, Head of Risk Management (Nationwide)
• Rennaisance Melaka Hotel (Marriott International) – Loss Prevention and Brand Standard Manager ( Melaka Hotel Facility)
• Flextronics Penang - Loss Prevention Manager ( 5 Contract Manufacturing Sites in Penang)

"I feel eager to enhance and refresh my knowledge.After the training, more informed of the needs to be improved in drafting the contract. The Trainer is knowledgeable and hands-on in delivering the training_Azman- Senior Manager Legal Malakoff Corporation Berhad

"I feel curious about the program before the training.  After the training, I feel Sufficient knowledge and to apply at workplace. The trainer is Vast knowledge and experience."_ Shamsul Zahrin- Head of HRAITL Central Spectrum (M) Sdn Bhd

"Before attending the class, I feel excited to learn new matters and to ask questions.  The trainer, Mr Moorthi is experienced and provides clear explanation with examples."_ Ramanathan Sinniah-Asst Legal Menager Cenergi sea sdn bhd
 

6% SST is chargeable, excluded in the quoted fee above

Certificate
Upon successful completion of this program, you will receive a Certificate of Achievement.

Payment mode:

1. ONLINE PAYMENT  by Credit card:  You can opt to register and pay online with our latest payment integration system through our website.

2. Telegraphic Transfer- You can also opt to use GIRO or telegraphic transfer of payment via international banks.

Contact us: ITRAININGEXPERT GLOBAL PLT
Tel:+603 8074 9056 | +603 8082 3707
Mobile: +6012 6869 628 | +6018 2175 123
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