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ANTI-BRIBERY AND CORRUPTION IN THE WORKPLACE, Izzah Mohammed - Coggle…
ANTI-BRIBERY AND CORRUPTION IN THE WORKPLACE
Why Avoid Corruption?
Risk of criminal prosecution
Risk of monetary loss
Increase business operational cost
Quality of goods & services suffer
Cause harm to others
Morally wrong
Key Terms:
Bribery & Corruption:
Act of giving or receiving of any gratification or rewards in form of cash or or in-kind of high value for performing a task in relation to his or her job description
Receiver & giver with corrupt intent
LAW:
Malaysian Anti-Corruption Commission Act 2009 (MACCA)
Gratification:
Money, Gifts, Loans, Commission, Rewards, etc
Malaysian Anti-Corruption Commission Act 2009 (MACC)
4 charges under MACCA 2009
Soliciting or receiving gratification (Bribe)
Offering or giving gratification (Bribe)
Intending to deceive (False claim)
Using office or position for gratification (Bribe & abuse of power)
Penalty:
Max 20 Years imprisonment
Fine (not less than 5 times the gratification given or RM10,000 whichever higher)
Corporate Liability
MACCA Amendment - Section 17A
Key Issues
Commercial Organisation - Malaysia companies, foreign companies, Malaysia partnership or limited liability partnership
A 'person associated' - director, partner or an employee or any 3rd party
Liability
Defences - Guideline on adequate procedures (TRUST Principles)
Penalties - Fine (not less than 10 times the value of bribe or RM1 Million, whichever is higher or imprisonment for up to 20 years or both)
Imposes liability on a commercial organisation if [a person associated with the commercial organisation] (
identity
) [corruptly gives, agrees to give, promises or offers to any person any gratification] (
corrupt act
) whether for the benefit of that person or another person with intent:
to obtain or retain business for the commercial organisation or to obtain or retain an advantage in the conduct of business for the commercial organisation (
corrupt intent
)
Izzah Mohammed