On 26 June 2019 and 27 June 2019, our Partner Mr. G Rajasingam and Senior Associate Ms. Nik Azila Shuhada provided a two-day training covering the following topics of law:
- Corporate Liability — Impact on the Commercial Organization and Guidelines on Adequate Procedures (Section 17A of the MACC Act 2009)
- Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
- Anti-Bribery Law in Malaysia and its Enforcement
The two-day training comprised of four sessions (of two hours each) and was attended by the senior management and executives of Bintulu Port Holdings Berhad, Bintulu Port Sdn Bhd, Biport Bulkers Sdn Bhd and Samalaju Industrial Port Sdn Bhd. These sessions included a session for Port Users and Contractors. The trainings were held in two venues, namely at Bintulu Port Holdings Berhad and at Bintulu Port Authority.
The training included a presentation on the scope and significance of the amendments to the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act 2009”), in particular section 17A which introduces corporate liability for corruption in Malaysia. The amendments to the MACC Act 2009 will come into force on 1 June 2020. The attendees were also briefed on the Guidelines on Adequate Procedures issued by the Minister pursuant to his powers under section 17A(5) of the Act.
Once section 17A comes into force, commercial organisations may be held accountable if a person associated with the organisation engages in corrupt practices with the intention to obtain or retain business or an advantage for the organisation. As such, it is important for organisations to exercise greater oversight over the conduct of their employees. It is equally important for organisations to have in place adequate measures to ensure that their businesses are insulated from corrupt practices. The existence of these adequate procedures afford organisations a statutory defence in the event of corrupt practices by any of their employees.
We would like to thank Bintulu Port Holdings Berhad, Bintulu Port Sdn Bhd, Samalaju Industrial Port Sdn Bhd and Biport Bulkers Sdn Bhd for the opportunity and trust.
To assist Clients with the implementation of the above, Shearn Delamore & Co. offers the following:
- We assist corporations with a review of their processes and policies in place to counter corrupt practices, conduct a risk assessment and a gap analysis exercise, recommend/vet processes and practices;
- We provide training to management and staff as part of ongoing compliance efforts;
- We assist with the setting up and the implementation of an integrity hotline to facilitate confidential disclosures by whistleblowers — this includes training on the legal protection and rights afforded to whistleblowers and how to deal with them; and
- We provide updates and refresher reviews of processes and policies, compliance manuals and training.