Anti-Bribery and Corruption-S. 17A Corporate Liability Perspective Workshop (Online & Classroom)

Anti-Bribery and Corruption-S. 17A Corporate Liability Perspective (Online or Classroom)

Program Overview

It has been 3 months since Henry started his position as a VP of a Business Unit in this newly joined company. He is intelligent, charismatic, persuasive and extremely money-driven. Upon understanding the overall production process, he saw an opportunity for a variable income bonus. He devised a plan to convince the management and had succeeded in gaining their buy-in. The plan is for every 100% production yield achieved, there will be a 250% bonus payout. To achieve his goals, he immediately replaced 5 current HODs with his former team from his previous company as they are loyal and comfortable with his working style. He shared the plan with his team and promised them a bonus income. He convinced them to provide a good yield report and whenever it does not hit 100%, alter it to 100% and destroy the original lot reports. Henry can be charged under section 18 MACC Act 2009 for intending to deceive (false claim).


Another story....

Though there have not been any plans of hiring, Mika who is the Employee Relations Manager is often in contact with a recruiter from an external Talent Search Company during working hours. As Mika’s closest colleague, she noticed Mika’s suspicious behavior. On a day-to-day basis, Mika would stay back after-hours to use the company’s common pc where it holds sensitive information such as the company’s employees and contractors personal data. Karen had kept her suspicions for a period of time but finally stood out to confront Mika. Mika confessed that she had been receiving commission pay from the recruiter by sharing personal data. Mika offers Karen a cut of the commission from now on so that she keeps it private. Mika is in the position to receive charges of both receiving and offering bribes for her own benefit.


Course Description

This programme is designed to give participants a solid understanding in bribery / corruption detection & 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 MACC Act 2009 enables prosecution of commercial organizations involved in corruption activities unless these commercial organizations can establish the defense of…. NO CONSENT & ADEQUATE PROCEDURES

This session shall focus methods of establishing these defenses.


Course Objective

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

  • Understand the 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
  • Understand and learn methods of conducting due diligence within the parameters of legal provisions
  • Ability to identify existing / potential ethical conduct within the organization or emanating from 3rd party engagement, which may have an impact on Business Continuity activities
  • 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
  • Understand about Pre-Employment Screening & Whistle-Blowing
  • Understand Malpractices Detection & Profile Auditing
  • Obtaining, collation and preservation of Digital Evidence


Who Should Attend

  • 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.


Training Methodology will be based on the following

  • Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
  • Virtual Learning / Classroom Face To Face Session
  • Case Studies on various reported Cases
  • Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind



2 Days (14 Hours)


Course Outline & Agenda

Fundamentals on MACC Act 2009 – Strategic Values

Laws and Standards governing Ethics, Bribery & Corruption

  • MACC Act 2009
  • Evidence Act 1950

Definition Bribery, Corruption & Asset Misappropriation

  • Bribery
  • Corruption
  • Misappropriation 

Investigation Process and Procedures

  • Reporting
  • Initiating and investigation
  • Evidence (Verbal, Documentary, CCTV, Digital, Email, Eyewitness)
  • Domestic Inquiry and Prosecution
  • Essentials of Body Language
  • Analysis of Incident Behaviour
  • Record Keeping
  • Trending Analysis
  • Statistics Analysis

Case Studies

Corruption Risk and Corporate Governance

  • Fundamentals
  • Processes & SOPs
  • 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

Corruption Risk Assessment and Risk Analysis

  • Risk Matrix (Basic Introduction and Understanding)
  • Gap Analysis
  • Risk Description
  • Assessment methodology of threat and risk to the organization / business
  • Management of threat and risk
  • Reference to ISO 31000


Guideline and Implementation of No Consent Requirement & Adequate Procedures To Support MACC Act 2009 & 2018 (S. 17A)

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 Program

  • 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) and 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 Organization

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

Consequence Management, Prosecution and the Law

  • Misconduct 
  • Disciplinary Action 

Selection & Performance Management of Suppliers

  • Methodology
  • Reporting
  • Escalation Path