Anti-Bribery & Corruption (Personal & Corporate Liability) – Compliance & Implementation Awareness

Course Description

This programme is designed to give participants a solid understanding in bribery and corruption detection and prevention in Malaysia in accordance to the Malaysian Anti-Corruption Commission Act 2009 & 2018 (Amendments) 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 on, methods of establishing these defenses.

Course Objective

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

  • Understand background, structure and intent of Malaysian Anti-Corruption Act 2009, particularly 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.

Think differently to alter direction.

The experience of learning to read and write for the first time is likely to remain vivid in your memory. The skill is ingrained and it stays.  The primary objective of our training and workshop is to make your new knowledge and abilities as durable as the ones you've already accumulated.  They foster fresh ideas. They enable great feats. Individual behaviour and attitude contribute to your organization's success is what we prioritise.

Combining experiential, instructional, and discovery learning with current coaching technology promotes profound transformations in attitudes and behaviour that enable sustainable change in your business. These adjustments improve results.

Our programmes involve with 12 unique learning methodology as below:

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
    • Competition Act 2010
  • Definition of Integrity
    • Business Integrity
    • Professional Integrity
  • Definition Bribery & Corruption
    • Personal Liability
    • Corporate Liability
  • Definition of False Claim
  • Definition of Asset Misappropriation
Case Studies
  • Four Pillars of Management to support Anti Bribery and Corruption initiatives
    • Leadership
    • Competency
    • Communication
    • Awareness
  • 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 Management Based on ISO 31000 (Risk Management)
    • Threat / Hazard Identification
    • Identifying the Risk Level
    • Risk Probability
    • Risk Assessment / Management Approach
    • Internal Auditing Technique (Risk Based Auditing)
Corporate Liability Defence
Guideline and Implementation of No Consent Requirement & Adequate Procedures To Support Requirements of MACC Act 2009 (S. 17A) – NO CONSENT & ADEQUATE PROCEDURES
  • No Consent
    • Definition
    • How does a corporation show / prove no consent
  • Adequate Procedures
    • Principles of T.R.U.S.T by virtue of
      • Top Level Commitment
      • Risk Assessment & Management
      • Undertaking Control Measures
      • System Review, Monitoring & Enforcement
      • Training & Communication
    • IT and Physical Security
    • Finance Processes (Accounts Receivable and Accounts Payable)
    • Business Development
    • Claims Management
    • Inventory management
    • Zero Balancing - Record keeping and reporting
    • Credit Note Management
    • Asset Disposition - Scrapping Process, Writing Off
  • Process
    • Recruitment & Hiring Process - Hiring & Management Methodology
      • Setting of Scope of Work
      • Job Description
      • Identifying obligation of employee
      • Sourcing
      • Hiring / Contract Management
        • Objective Evaluation
        • Risk of Hiring Without Evaluation
      • Reporting
      • Performance Management
      • Consequence Management
      • Escalation Path
    • Contractor / Supplier / Vendor Engagement Process -Selection & Management Methodology
      • Setting of Scope of Work
      • Identifying obligation of service provider
      • Sourcing
      • Selection / Award / Contract Management
        • Objective Evaluation
        • Risk of Direct Awards
      • Reporting
      • Performance Management
      • Consequence Management
      • Escalation Path
  • Management System in Developing and Implementing Anti Bribery and Compliance Programme (An overview of Framework)
    • Top Down Exercise - Management Support
    • Due Diligence and Risk Management
    • Investigation
    • Policy
    • 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 (An Overview)
    • 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 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.

Related Courses