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Overview

This targeted one-day programme delves into Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (enforced June 1, 2020), emphasising how corruption offences committed by associated persons—employees, agents, directors—can render both the individual and the organisation criminally liable.
 Sessions will explore:

  • The element of corporate and personal liability under Section 17A (1) – (3)
  • Heavy penalties involved (up to 20 years’ imprisonment, or a fine of 10× the bribe amount or RM1 M, whichever is higher)
  • Who qualifies as an “associated person” (including employees, agents, contractors, JV partners)
  • The reversed burden of proof and its implications for senior personnel

Programme Outline
Learning Objectives
By the end of the programme, participants will be able to:

  • Explain the offences of corruption and bribery, the significant problems they cause, and their impacts on the organisation/business
  • Develop an overview of the international legal and regulatory framework governing corruption and bribery, the international approaches, standards and best practices, and the role of regulators and enforcement agencies
  • Identify the elements of the corruption and bribery offences, their commission, forms, risks and their links to money-laundering offences
  • Outline the techniques and skills required in detecting and preventing corruption and bribery, reporting, managing related risks, strengthening the effectiveness of internal systems and controls, establishing an anti-corruption and anti-bribery culture and employing technology in combating corruption and bribery
  • Formulate actions to mitigate liabilities and uphold organizational integrity

Programme Outline
  • Overview on Combating Bribery and Corruption
    • Definition and nature of corruption and bribery
    • The importance of combating corruption and bribery
    • The big problem, consequences, impacts and effects – the costs of corruption and bribery
  • Legal and Regulatory Framework
    • International approaches and measures, standards and compliance issues
    • Corruption and bribery prevention initiatives
    • The law and regulations in Malaysia
    • Recent cases
  • Corporate Liability Offence for Corruption - s.17A MACCA
    • The offence and penalties
    • Defence of 'adequate procedures' and the guidelines
    • Elements comprising 'adequate procedures'
    • Personal liability and the protection
  • Preventive Strategies and Methods
    • Key strategies and methods in combating corruption and bribery
    • Effective internal systems and controls
    • Ethics, governance and compliance – culture and internal responsibilities
    • Managing corruption and bribery risks
    • Keeping one’s organization/business clear from corruption and bribery
METHODOLOGY
Interactive forum-styled lecture, workshop with group discussions and presentations, Q & A
Participant profile
  • All employees, agents, consultants, and contractors acting on behalf of the organisation
  • Senior management: directors, C-suite, department heads—especially those in compliance, finance, procurement, legal
  • HR professionals, internal auditors, and anyone responsible for policy enforcement
Trainer
Datin Dr Lee Mei Pheng
Senior partner, banking law consultant & practitioner, Detta Samen & Co Advocates
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Datin Dr Lee Mei Pheng
Senior partner, banking law consultant & practitioner, Detta Samen & Co Advocates
Datin Dr Lee Mei Pheng is a senior partner, banking law consultant and practitioner at Detta Samen & Co Advocates, one of the most established law firms in Sarawak. She is an Advocate and Solicitor of the High Court in Malaya and an Advocate of the High Court in Sabah and Sarawak.

She had previously served at OCBC Bank in Malaysia as Head of the Legal department and Assistant Vice President of the Kuching Branch in Sarawak for ten years and since 1984, been a leading consultant and lecturer for international financial institutions and large corporations. She is also a course director for Euromoney Training in Hong Kong. Her other professional contributions include being a consultant, commissioned author, editorial reviewer and specialist for LexisNexis, AICB and Oxford publications, an external assessor for business and company Law at Wawasan Open University, Penang and author of many publications.

Datin Dr Lee holds a Doctor of Philosophy (Laws) from the University of Liverpool, England, specialising in Banking and Finance Law, with her PHD research on banking fraud. She also holds an LLB First Class Honours degree from the University of Malaya and was a Fellow of the Faculty of Law. She resides on the Gold Coast, Australia and since 2000, has been an Adjunct Associate Professor with the Faculty of Law at Bond University, Queensland, Australia. She is a Fellow of the Financial Services Institute of Australasia and Tim Fischer Centre for Global Trade and Finance, as well as a Member of the Law Advisory Board, Bond University, Australia. She is also an Associate Fellow of the Institute of Bankers, Malaysia (now known as Asian Institute of Chartered Bankers or AICB).

Presently, she is also a member of the Institute of Company Directors Malaysia and the Singapore Institute of Directors.
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Asian Banking School
Combating Bribery and Corruption
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