Section 17A: Setting Up Anti-Bribery And Whistle-Blower Management System In The Organization

Introduction

Corruption is a significant challenge in Malaysia, impacting both public and private sectors, resembling a harmful contagion eroding the economy and institutions. Over 800 individuals involved in private sector corruption cases have been caught by the Malaysian Anti-Corruption Commission (MACC) in the last five years. To combat this, the Malaysian Government introduced S.17A into the MACC Act 2009, holding top management directly accountable and imposing fines or imprisonment for corrupt activities within organizations. This training is crucial for Malaysian businesses, covering MACC Act offenses, corporate liability, "Adequate Procedures," Whistleblower Protection Act, ISO 37002, and ISO 37001. It emphasizes the need for anti-corruption training to enhance employee awareness and compliance with local laws, contributing to Malaysia's anti-corruption efforts and fostering high governance standards. Ultimately, it demonstrates a commitment to preventing corruption within organizations, potentially serving as legal defence by showcasing proactive measures in line with government guidelines.

Learning Outcomes / Benefits

Upon completion of the training program, attendees will acquire the ability to comprehend Malaysia's current state of corruption, identify offenses outlined in the MACC Act 2009, grasp the legal safeguards provided to whistleblowers, and proficiently establish robust whistleblower and anti-bribery policies within their organization. Additionally, participants will gain insights into the private sector's role in combating corruption and learn the implementation of elevated standards of integrity, compliance, and best practices within the organization.

Key Content

Module 1: Malaysia’s Corruption Status - What Is The Situation?

• Overall Situation: Private and public sector corruption, effects, and current realities
• Examining key institutions in the country - existing practices and reforms in process under the new administration
• The National Anti-Corruption Plan: Current status and provisions relevant to the private sector
• Key Role of the Private Sector: How can the private sector contribute to improve the situation

Module 2: The Various Instruments And Legislation To Combat Bribery

• International Legal Framework and Business Instruments: Understanding context and need for local law
• The Malaysian Anti-Corruption Commission Act 2009: Key offenses under the Act
• S.17A Corporate Liability: The corporate veil lifted
• Adequate Procedure Guidelines: Setting up of the “TRUST” principles

Module 3: The Whistleblower Protection Act 2010 & Setting Up An Airtight Internal Whistleblower Structure

• Disclosure Channels and Restrictions: Enforcement agencies, do’s and don’ts
• Types of Protection: Civil and criminal liability, scope of detrimental conduct, understanding shortcomings and limitations
• Setting up ISO 37002 in the organization: Internal whistleblower structure
• The Whistleblower Perspective: Thinking as a whistleblower

Module 4: Setting Up Organisation Anti-Corruption Plan

• Planning and Process: Objectives and scope
• Identifying Corruption Risk: Categorizing risk and determining priority areas
• Preparing Strategies and Action Plan: Execution, monitoring and review
• Leadership from the Top: Commitment of top management

Target Audience

Executives and managers, directors and top management, HR team, governance, risk and compliance team, operations team.

Methodology

Lecture, videos, group discussion, games, case studies, personal reflection.