"Understand Malaysia’s Corporate Liability Regulations And Safeguard Your Organisation's Integrity"
Attend this highly rated programme and learn how to:
Discover the key features and implications of Section 17A of the MACC (Amendment) Act 2018.
Identify various forms of corruption and bribery, including subtle practices that may pose risks.
Understand the components of a comprehensive Anti-Bribery Management System (ABMS).
Recognise the importance of bribery risk assessments and their basic methodology.
Describe the essential elements of anti-bribery policies and control measures.
Understand the basics of reporting mechanisms and investigation procedures for potential violations.
Recognise the importance of anti-bribery training and communication within an organisation.
Identify areas where existing integrity practices may need enhancement to ensure compliance.
Apply learned concepts to simple scenarios through real world case studies and exercises.
Appreciate the role of ethical business practices in building a sustainable and reputable organisation.
Course Fee:
Exclusive 2 + 1 Offer !
Register 3 participants for the price of 2 only !
Register a team of three and pay for only two participants. This exclusive offer ensures comprehensive implementation of new safety practices across your organisation.
RM1800.00 nett / participant. RM3600.00 nett / group of three participants.
Please Note:
Investment includes programme attendance, course notes, luncheons, refreshments, certificate of achievement and all applicable taxes.
Full payment must be received before the start of the course.
For Group Attendance of 5 or more delegates, please call us for corporate rebates.
Good for:
Directors responsible for corporate governance
Legal and compliance managers
Risk management professionals
Human resources managers
Procurement and supply chain managers
Internal auditors and controllers
Business development and sales managers
Introduction:
In recent years, Malaysia has taken significant steps to combat corruption and enhance corporate integrity. The introduction of Section 17A in the Malaysia Anti-Corruption Agency (MACC) (Amendment) Act 2018 marks a crucial turning point for businesses operating in the country. This new provision, which came into effect on 1 June 2020, introduces corporate liability, holding organisations of all sizes accountable for corruption-related actions committed for their benefit.
Recent data highlights the importance of this initiative:
Malaysia's ranking in the Corruption Perception Index (CPI) has fallen from 55th to 62nd.
The Global Corruption Barometer (GCB) reports that 59% of Malaysian citizens believe corruption is on the rise,
The Business Integrity Country Agenda 2017 (BICA) identifies areas needing improvement, including prohibiting undue influence, controlling political contributions, and implementing whistleblowing policies.
In this challenging landscape, it is imperative for organisations to establish robust anti-bribery management systems and cultivate a culture of integrity.
Course Director
KAVITHA GUNA SEGARAN LLB (Hons) Advocate & Solicitor, High Court of Malaya
Kavitha Guna Segaran brings over two decades of legal expertise to this course. An advocate and solicitor of the High Court of Malaya since 2001, Kavitha holds a Bachelor of Jurisprudence (Honours) from the University of Malaya. As the founding partner of GS Kavitha, a Kuala Lumpur-based legal firm, she has established herself as an expert in Employment and Industrial
Relations Law, with significant experience in corporate dispute resolution and statutory compliance. Throughout her career, Kavitha has demonstrated a deep commitment to legal education and professional development. She has developed and delivered numerous training programmes, earning a reputation for her ability to convey complex legal concepts in an accessible and engaging manner. Her experience extends beyond the classroom and courtroom, advising corporate organisations on legal compliance, dispute resolution, and corporate reorganisation. She has guided companies through employee performance management, disciplinary actions, and the implementation of integrity policies.
Kavitha has represented clients in landmark cases before various courts, including the Labour Court, Industrial Court, High Court, and Court of Appeal, with several cases reported in the Industrial Law Reports and Current Law Journals. Her background in corporate governance, coupled with her understanding of the Malaysian legal landscape, makes her ideally suited to guide participants through the complexities of new corporate liability provisions.
As a trainer, she excels in breaking down legislative changes, such as Section 17A of the MACC (Amendment) Act 2018, into practical insights for businesses. Participants will benefit from Kavitha's legal acumen and practical approach to implementing compliance measures and fostering a culture of integrity within organisations.
Training Agenda
Day One
Module 1: Introduction to Malaysia's Anti-Corruption Framework
Comprehensive overview of the MACC Act 2009 (Amendment 2018)
Detailed introduction to Section 17A: Corporate liability provisions
Implications for organisations, directors, partners, and management:
Shift in responsibility and accountability
Need for proactive anti-corruption measures
Penalties and offences under the new legislation:
Financial penalties and their calculation
Potential imprisonment terms for offenders
Impact on company reputation and business operations
Module 2: Understanding Corruption and Bribery
Defining corruption and bribery in the Malaysian context
Types of corruption:
Bribery: Active and passive bribery
Influence peddling: Abuse of real or supposed influence
Cronyism: Favouritism in appointing friends to positions of authority
Embezzlement: Misappropriation of funds or assets
Forms of bribery:
Cash payments: Direct monetary bribes
Gifts: Inappropriate or excessive gifting
Travel: Sponsored trips and inflated travel expenses
Donations: Misuse of charitable or political contributions
Preferential selection: Unfair advantages in hiring or contracting
Facilitation payments: Payments to expedite routine governmental actions
Case studies: Lessons from recent Malaysian corruption prosecutions
Analysis of high-profile corruption cases
Common patterns and red flags in corruption cases
Module 3: Fundamentals of Anti-Bribery Management Systems (ABMS)
Introduction to ABMS: Purpose and benefits
Definition and objectives of an ABMS
How an ABMS protects organisations
6 Key principles of developing ABMS
Proportionate procedures
Top-level commitment
Risk assessment
Due diligence
Communication (including training)
Monitoring and review
Detailed overview of the T.R.U.S.T framework:
Top-level commitment
Risk assessment
Undertaking control measures
Systematic review, monitoring, and enforcement
Training and communication
Day Two
Module 4: Bribery Risk Assessment
Fundamentals of bribery risk assessment
Definition and importance of risk assessment
Key elements of an effective risk assessment process
Components of effective bribery risk assessment
Risk identification techniques
Risk analysis and evaluation methods
Benefits of Bribery Risk Assessment
Proactive risk management
Informed decision-making and resource allocation
Step-by-step risk assessment process
Planning the assessment
Gathering information
Identifying risks
Analysing and evaluating risks
Developing risk mitigation strategies
Risk rating methodologies and parameters
Qualitative and quantitative risk assessment techniques
Module 5: Establishing Effective Policies and Controls
Crafting a comprehensive Anti-Bribery and Corruption (ABC) Policy
Key components of an effective ABC policy
Tailoring the policy to your organisation's specific risks
Developing supporting policies:
Integrity: Establishing ethical standards and codes of conduct
Vendor management: Due diligence and monitoring
Whistleblowing: Creating safe channels for reporting concerns
Creating reporting and escalation processes
Establishing clear reporting lines
Ensuring confidentiality and protection for whistleblower
Implementing and communicating policies effectively
Strategies for policy rollout and awareness campaigns
Measuring policy understanding and compliance
Module 6: Compliance and Enforcement
Introduction to internal investigations
Triggers for internal investigations
Setting up an investigation team
Gathering and preserving evidence of misconduct
Types of evidence in corruption cases
Proper documentation and chain of custody
Disciplinary procedures and actions
Ensuring fair and consistent disciplinary processes
Types of disciplinary actions and their application
Consequences of non-compliance:
Legal: Prosecution and penalties under MACC Act
Financial: Fines, legal costs, and business disruption
Reputational: Impact on brand image and stakeholder trust
Operational: Potential debarment and loss of business
Curriculum
0m Duration
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