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

This workshop will provide you with a solid understanding of bribery and corruption detection and prevention in Malaysia, in accordance with the Malaysian Anti-Corruption Commission Act 2009 & 2018 (Amendment Act) and other relevant laws in Malaysia. It will also cover their application within organizations and related industries and trade. Additionally, a special section on money laundering will be discussed to offer a comprehensive analysis of the subject.

As of June 1st, 2020, Section 17A of the Malaysian Anti-Corruption Commission Act 2009 imposes strict corporate liability on commercial organizations for corrupt practices carried out by their employees and/or associated persons if these acts benefit or advantage the organization.

Who will be penalized?

Top-level management (i.e., directors, managers) bears ultimate responsibility for ensuring the implementation of anti-corruption measures at every level of the organization.

Upon conviction, the corporate liability offense carries the following penalties: a fine of not less than 10 times the value of the gratification or RM1 million, whichever is higher, imprisonment for a term not exceeding 20 years, or both.

This course is highly recommended for all organizations to understand the intricacies of the act and its implications for business continuity.

This session will focus on establishing defense methods against corporate liabilities.

MODULE 1: OVERVIEW OF CORRUPTION

• Definition of Bribery
• Forms of corruption?
• Corruption offences
• Basic understanding of Malaysian Anti-Corruption Commission (MACC) & MACC Act 2009

MODULE 2: CORPORATE LIABILITY

• Corporate liability for violating laws
• Corporate Criminal liability
• Corporate liability provision
• New wave of legislation
   

MODULE 3: INTRODUCTION TO SECTION 17A MACC Act 2009

• The Classification of Commercial Organizations
• Corporate Liability Provisions
• Section 17A of MACC Act 2009 / (MACC Amendment Act 2018)
• Gratification
• Cases

MODULE 4: DEFENCE UNDER SECTION 17A – ADEQUATE PROCEDURES

• How may Adequate Procedures be developed?
• Understanding 5 keys principles of Adequate Procedures
• Failure to report
• Prescribed Offence
• Malaysian Anti-Corruption Laws & Regulations

Guidelines on Adequate Procedures
1. Top-Level Commitment
2. Risk assessment
3. Undertaking control measures: Gift policy & Disguise transactions
4. Systematic review, monitoring & enforcement
5. Training & communication
Cases

MODULE 5: ISO 37001:2016 ANTI-BRIBERY MANAGEMENT SYSTEM

• Overview
• Bribery & Corruption Regulations, Conventions
• Management System Control

K. Pathmanathan, LL.B (Hons) London, CLP - Malaysia, is a highly experienced and accomplished trainer and principal consultant in the field of education, management, and training. With over twenty-five years of professional experience, he specializes in various legal areas, including Commercial Contracts, Data Protection, Sexual Harassment, Debt Recovery, and Corporate Liability on Corruption.

Industrial Experience:

• Conducted training and lectures for private companies and government entities, catering to participants ranging from managers, CEOs, CFOs, corporate and government support staff, to executives, supervisors, and staff at all levels.
• Delivered legal and management seminars and provided consultation for organizations.
• Actively involved in government-sponsored programs conducted by the FMM (Federation of Malaysian Manufacturers) and numerous NGOs.

Benefits of Mr. Pathmanathan as Your Trainer:

• Blends legal and management elements with real-life requirements for participants' job roles.
• A hands-on, bilingual trainer with an LL.B (Hons) degree from the University of London (1986) and a Certificate in Legal Practice (Mal) (1987).
• Possesses excellent classroom management skills and enables participants to engage fully, resulting in in-depth and lasting results.
• Pioneered legal programs in Malaysia, including the Contract Management program.
• Stays updated with the latest developments in Malaysia and globally through participation in seminars and conferences.
• Highly proficient in the subject matter, making him sought after by the corporate sector.
• Training programs are highly regarded by participants, as evidenced by positive post-training evaluation reports and strong recommendations for others to attend Mr. Pathmanathan's programs.
• Demonstrates a personal commitment to helping individuals and organizations achieve their highest potential and vision.

Mr. Pathmanathan has worked with numerous esteemed clients from various industries, including petrochemicals, manufacturing, banking, telecommunications, consumer products, and services. Notable clients include Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, TM Touch, Hitachi, Tioxide(M) Sdn. Bhd., Ambank, Affin Bank, Bank Rakyat, Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Infineon Technologies, and many others. Government sector participants have included the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja Malaysia, Jabatan Kesihatan PP, Customs Department, Local Councils, and various government agencies.

Mr. Pathmanathan's extensive experience, bilingual proficiency, and commitment to excellence make him an ideal choice as a trainer for your corporate training program. He brings a wealth of knowledge and practical insights to his training sessions, ensuring participants receive valuable and applicable training for their daily duties.

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