Anti-Bribery and Corruption – A Corporate Liability Perspective

Course Duration:

1 Day (6-8 Hours)

Target Audience:

• Corporate Directors & Senior Management
• Compliance & Risk Officers
• Legal & Governance Professionals
• Finance, Procurement & Supply Chain Managers
• HR & Ethics Officers
• Employees in High-Risk Roles (Government Relations, Sales, Business Development)

Course Objectives:

By the end of this training, participants will:

1. Understand Malaysia’s MACC Act 2009 and Section 17A on Corporate Liability.
2. Recognize legal obligations, penalties, and enforcement trends in Malaysia.
3. Identify high-risk areas and red flags for bribery and corruption.
4. Develop and implement an Adequate Procedures compliance program.
5. Strengthen internal controls, due diligence, and corporate governance measures.
6. Foster an anti-bribery and integrity-driven corporate culture.

Learning Outcomes:

Upon completion of this course, participants will be able to:
✅ Explain Malaysia’s Anti-Corruption Laws, including MACC Act and Guidelines on Adequate Procedures (G.A.P.).
✅ Identify corporate liability risks under Section 17A and its “deemed liability” provisions.
✅ Implement T.R.U.S.T Principles (Top-Level Commitment, Risk Assessment, Undertake Control, Systematic Review, Training & Communication).
✅ Conduct third-party due diligence and bribery risk assessments.
✅ Establish whistleblowing mechanisms and reporting channels.
✅ Handle bribery-related investigations and compliance audits.

Course Methodology:

📌 Instructor-led training (legal frameworks, case studies)
📌 Scenario-based learning (real-life Malaysian cases)
📌 Group workshops & role-playing (compliance risk assessments)
📌 Interactive quizzes & knowledge checks
📌 Compliance toolkit review (policies, checklists, due diligence forms)
📌 Action planning (developing an ABC compliance roadmap)

Course Outline (Malaysia-Focused)

Module 1: Understanding Bribery & Corruption in Malaysia

• Definition of bribery, corruption, and corporate liability
• Malaysia’s Corruption Landscape: Statistics & key enforcement cases
• The Malaysian Anti-Corruption Commission (MACC) Act 2009
• Section 17A: Corporate Liability for corruption offenses
• Key penalties: Up to 20 years imprisonment, fines of at least 10 times the bribe amount

Module 2: Corporate Liability & Section 17A Explained

• Who is liable? Directors, senior officers, and companies
• “Deemed Liability” – the burden of proof shifts to corporations
• Real-world case studies: Recent MACC enforcement actions
• Defenses against liability: Adequate Procedures compliance

Module 3: Identifying Bribery Risks & Red Flags

• High-risk areas: Procurement, gifts & hospitality, lobbying, third-party agents
• Red flags: Unjustified payments, high commissions, politically exposed persons (PEPs)
• Conducting an internal bribery risk assessment
• Due diligence best practices for vendors, suppliers & business partners

Module 4: Implementing an Effective Anti-Bribery Program

• The T.R.U.S.T. Framework (Guidelines on Adequate Procedures):
  ✅ Top-Level Commitment – Leadership’s role in anti-corruption
  ✅ Risk Assessment – Identifying and mitigating bribery risks
  ✅ Undertake Control Measures – Internal policies & reporting mechanisms
  ✅ Systematic Review, Monitoring & Enforcement – Audits & compliance checks
  ✅ Training & Communication – Continuous awareness initiatives
• Crafting a Corporate Anti-Bribery Policy
• Best practices for gifts, entertainment, and donations policies

Module 5: Third-Party Due Diligence & Whistleblowing

• Third-party liability risks (suppliers, agents, intermediaries)
• Due diligence process: Screening, verification & ongoing monitoring
• Establishing a Whistleblowing Policy – protections under the Whistleblower Protection Act 2010
• Handling bribery complaints and internal investigations

Module 6: Enforcement, Penalties & Case Studies

• MACC enforcement actions: Notable corporate corruption cases in Malaysia
• International case studies: Lessons from 1MDB, Airbus, and FCPA cases
• Best practices from UK Bribery Act, FCPA & ISO 37001 (Anti-Bribery Management System)

Final Assessment & Action Plan

✅ Knowledge Check Quiz – Reviewing key concepts
✅ Workshop: Drafting an Anti-Bribery Action Plan
✅ Compliance Toolkit – Sample policies, checklists & reporting templates

Key Takeaways:

📌 Compliance with Section 17A (Corporate Liability) is critical for all Malaysian companies.
📌 Adequate Procedures (T.R.U.S.T) provide a defense against liability.
📌 Whistleblowing protection & third-party due diligence are essential for compliance.
📌 Real-world enforcement cases highlight risks & best practices for businesses.
📌 Creating an anti-bribery culture strengthens corporate integrity & prevents legal consequences.