đź“‹ REGULATORY & COMPLIANCE TRAINING PROGRAMS
ANTI-CORRUPTION & REGULATORY COMPLIANCE SUITE
Professional Training Program for Legal Compliance and Anti-Corruption Excellence
Focus Areas: MACC Act Section 17A • Corporate Liability • Anti-Corruption • Adequate Procedures • Compliance Frameworks
INTRODUCTION
Corporate liability under Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 represents a paradigm shift in anti-corruption enforcement in Malaysia. This comprehensive training program is designed to provide directors and senior management with essential knowledge about corporate liability provisions and compliance requirements. The program addresses the critical need for organizations to understand their legal obligations and implement adequate procedures to prevent corruption within their operations. With the enforcement of Section 17A, commercial organizations can now be held liable for corruption committed by persons associated with them, making corporate compliance more crucial than ever. This program combines theoretical knowledge with practical implementation strategies, ensuring participants can develop effective compliance frameworks that protect their organizations while promoting ethical business practices.
PROGRAMME OBJECTIVE
Upon successful completion of this training, participants will gain comprehensive understanding of corruption offences in Malaysia and their implications for corporate entities. They will develop expertise in interpreting and applying Section 17A provisions within their organizational context, enabling them to assess corporate liability risks effectively. Participants will master the requirements for establishing adequate procedures to prevent corruption and understand the legal defenses available under the Act. The program emphasizes practical application through case studies and situational analysis, ensuring participants can implement effective compliance frameworks and respond appropriately to corruption prevention challenges in their organizations. Additionally, participants will understand international compliance requirements and emerging trends in anti-corruption enforcement.
MODULE 1: INTRODUCTION AND OVERVIEW OF CORRUPTION OFFENCES
- Historical context and evolution of anti-corruption legislation in Malaysia
- Overview of the Malaysian Anti-Corruption Commission (MACC) Act 2009
- Types of corruption offences under Malaysian law: soliciting, receiving, giving, offering
- Key definitions and terminology in corruption legislation
- Recent trends and enforcement statistics in corruption cases
- Impact of corruption on business environment and economic development
- International best practices and comparative analysis with other jurisdictions
- Role of MACC in enforcement and prevention of corruption
MODULE 2: UNDERSTANDING CORPORATE LIABILITY OFFENCE – SECTION 17A
Detailed Analysis of Section 17A Provisions
- Legislative intent and policy objectives behind Section 17A
- Scope and application of corporate liability under the Act
- Elements required to establish corporate liability offense
- Burden of proof and evidential requirements
- Relationship between individual and corporate liability
- Extraterritorial application and international transactions
Key Concepts and Definitions
- Definition of “commercial organization” and its implications
- Understanding “persons associated” with the organization
- Scope of business relationships covered under the Act
- Third-party and agent relationships assessment
- Joint ventures and subsidiary companies considerations
- Board oversight and management responsibilities
Penalties and Legal Consequences
- Financial penalties and their calculation methodology
- Reputational impact and business consequences
- Debarment from government contracts and tenders
- Regulatory sanctions and license implications
- Civil recovery and asset forfeiture provisions
- Director disqualification and personal liability
Legal Defenses and Compliance Framework
- Adequate procedures defense under Section 17A(5)
- Elements of effective compliance programs
- Documentation requirements for defense establishment
- Ongoing monitoring and review obligations
- Evidence gathering and preservation strategies
- Legal representation and defense strategy considerations
MODULE 3: CORRUPTION PREVENTION AND ADEQUATE PROCEDURES
Principles of Adequate Procedures
- Top-level commitment: Board and senior management leadership
- Risk assessment: Comprehensive corruption risk evaluation
- Proportionate procedures: Risk-based compliance measures
- Due diligence: Third-party verification and screening
- Communication and training: Awareness and competency development
- Monitoring and review: Continuous improvement and effectiveness assessment
Implementation Strategies
- Governance structure establishment for anti-corruption oversight
- Policy development and procedure documentation
- Risk assessment methodologies and implementation
- Due diligence procedures for business relationships and partnerships
- Communication strategies and training program development
- Incident reporting and investigation procedures
- Performance measurement and compliance monitoring systems
- Integration with existing governance and risk management frameworks
MODULE 4: CASE STUDY AND SITUATIONAL ANALYSIS
Real-World Corporate Liability Cases
- Analysis of prosecuted cases under Section 17A
- Examination of successful and failed compliance programs
- Lessons learned from enforcement actions and court decisions
- Comparative analysis with international corporate liability cases
- Industry-specific corruption risks and mitigation strategies
- Best practices in implementing adequate procedures
Practical Scenarios and Decision-Making
- Gift and hospitality management scenarios
- Third-party due diligence and red flag identification
- Joint venture and partnership compliance challenges
- Government relations and public official interactions
- Merger and acquisition due diligence considerations
- Crisis management and incident response procedures
MODULE 5: IMPLEMENTATION STRATEGIES AND GOVERNANCE
- Developing organizational anti-corruption policies and procedures
- Establishing effective governance structures for compliance oversight
- Role of board of directors and senior management in compliance
- Creating a culture of integrity and ethical behavior
- Integration with existing compliance and risk management systems
- Performance indicators and measurement of program effectiveness
- Continuous improvement and adaptation strategies
- Resource allocation and budget considerations for compliance programs
MODULE 6: MONITORING AND ENFORCEMENT
- MACC investigation procedures and corporate cooperation strategies
- Self-reporting mechanisms and their benefits for organizations
- Managing investigations and regulatory interactions effectively
- Legal privileges and protection of internal investigations
- Remediation strategies following compliance failures
- Working with legal counsel and compliance professionals
- Crisis management and communication strategies during investigations
- Post-incident review and system improvement processes
MODULE 7: INTERNATIONAL COMPLIANCE AND CROSS-BORDER ISSUES
- Compliance with multiple jurisdictions and international regulations
- Interaction between Malaysian law and international anti-corruption standards
- Managing compliance in multinational organizations and subsidiaries
- Due diligence requirements for international business partnerships
- Anti-corruption compliance in mergers and acquisitions
- Technology and digital solutions for compliance management
- Emerging trends and future developments in anti-corruption law
- Regional cooperation and information sharing mechanisms
MODULE 8: PRACTICAL APPLICATION AND Q&A SESSION
- Interactive discussion of participant-specific scenarios and challenges
- Addressing implementation challenges and practical solutions
- Clarification of legal and practical requirements under Section 17A
- Resource sharing and best practice exchange among participants
- Action planning for immediate implementation of adequate procedures
- Ongoing support and consultation opportunities
- Evaluation and feedback on training effectiveness
- Networking and peer learning opportunities
METHODOLOGY
- Interactive Presentations: Comprehensive coverage of legal requirements and practical applications
- Case Study Analysis: Real-world examples and lessons learned from enforcement actions
- Situational Exercises: Practical scenarios relevant to participants’ industries and roles
- Group Discussions: Collaborative problem-solving and experience sharing
- Q&A Sessions: Personalized responses to specific organizational challenges
- Resource Materials: Comprehensive documentation and implementation guides
- Expert Insights: Professional perspectives from certified integrity officers
TARGET AUDIENCE
This program is specifically designed for:
- Board of Directors and Executive Committee members
- Chief Executive Officers and Senior Management teams
- Chief Compliance Officers and Risk Management professionals
- Legal Counsel and Corporate Secretaries
- Internal Audit and Governance professionals
- Business unit leaders and department heads
- Anyone responsible for compliance and anti-corruption programs
- Directors and Senior Management of MSC Bhd (specific target for this program)
Programme Schedule in HDRF Format:
| Time | Session Content | Duration | Delivery Method |
|---|---|---|---|
| 1000 | Module 1: Introduction and Overview of Corruption Offences | 15 minutes | Interactive Presentation |
| 1015 | Module 2: Understanding Corporate Liability Offence – Section 17A | 30 minutes | Detailed Legal Analysis |
| 1045 | Module 3: Corruption Prevention and Adequate Procedures | 40 minutes | Practical Implementation |
| 1125 | Module 4: Case Study and Situational Analysis | 15 minutes | Interactive Case Review |
| 1140 | Module 8: Practical Application and Q&A Session | 20 minutes | Interactive Discussion |
| 1200 | End of Session | – | Completion |