(English) Section 17A of the MACC Act by Chong Ki Keong (PECB Certified ISO 37001 Provisional Auditor)

Section 17A of the MACC Act Corporate Liability will be enforce 1 June 2020

* Who is affected ?
* What needs to be done by Businesses ?
* How Professionals should be advising their clients ?
* Still blur blur ?

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💻 Section 17A of the MACC Act

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Do you know that as a director, you could go to jail for not acting on corruption ??

The new provision - Section 17A of the Malaysia Anti-Corruption Commission Act 2009 will come into force on June 2020. How can professionals create opportunities for advice and consultation to their clients ?

Join us in our Upcoming Seminar/Webinar: Section 17A of the MACC Act

Connecting the Dots: Navigating the Minefields of Corporate and Personal Liabilities under the MACC Act, 2009.

Over the past few years, corruption scandals and anti-corruption efforts in response have dominated the headlines. Our senses have been overwhelmed by an array of new anti-corruption initiatives and legislations - the National Anti-Corruption Plan, 2019-2023, Section 17A of the MACC Act, 2009, Adequate Procedures, MS ISO 37001:2016. These initiatives and legislations create new compliance obligations for businesses, and potentially serious consequences for those who fail to respond to the new anti-corruption landscape.

In particular, Malaysia has passed a new provision – Section 17A of the MACC Act, 2009 – which is scheduled to come into force on 1st June, 2020. It states that a company or a business partnership and its senior management will each be strictly liable and deemed to have committed a bribery offence if any of its directors, partners, employees or even third party agents who performs services for or on its behalf were to corruptly offers or gives a bribe in connection with or promoting its business activities. The penalty for this offence is a fine of not less than 10 times the sum or value of the bribes involved or RM1,000,000/-, whichever is the higher, or a twenty years jail term or both.

When faced with prosecution, the only defence available is for the business entity concerned to prove that its management has put in place “adequate procedures” to prevent such bribery from taking place but despite of that the bribery concerned has still occurred. The Minister in charge of this matter has issued a Ministerial Guidelines as to what amounts to “adequate procedures”.

In essence, bribery prevention is now seen as a management issue for business entities. The task imposed on business entities is to put in place anti-bribery management systems (“ABMS”) which qualify as “adequate procedures” under the Ministerial Guidelines.

Closely linked to this is MS IS0 37001:2016 ABMS Standard certification which is promoted as a mean to address the “adequate procedures” requirements. The coverage of MS ISO 37001 is substantially broader than the legal obligation imposed by Section 17A of the MACC Act, and hence the cost and effort of to comply with MS ISO 37001 can be substantially higher. And yet, the ISO practitioners would be the first to tell you that “Compliance with a Malaysia Standard does not of itself confer immunity from legal obligations.”

This is creates a confusing mess!

The objective of the talk is to help participants link all of these initiatives and legislations together in a coherent manner. It is only by connecting the Dots that one can begin to navigate the minefields of corporate and personal liabilities under the Malaysian anti-corruption initiatives and legislations. By the end of the talk the participants would have a basic working understanding of:-

1. The anti-corruption initiatives under the National Anti-Corruption Plan, 2019-2023.
2. The extent of the obligations imposed by Section 17A of the MACC Act, 2009 on business entities to put in place ABMS to deal with briberies relating to their business activities.
3. What is an ABMS?
4. Whether MS ISO 37001: 2016 certification is the answer to your organization’s effort to protect itself from liabilities under Section 17A of the MACC Act, 2009.

On a more positive note, this escalation in the anti-corruption compliance requirements give rise to new career and business opportunities for professionals such as lawyers, accountants and company secretaries. Towards the end of this session, the speaker will spend some time discussing with the participants on this.

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