KUALA LUMPUR, 17 SEPTEMBER 2019: The Malaysian Institute of Integrity (IIM) in collaboration with Aram Global Sdn. Bhd has organised Anti-Corruption and Integrity Forum 2019 at Hotel Istana today.
The programme with the theme, “Embedding Integrity the Cornerstone of Good Governance” is timely as good governance sets the normative standards of development. It fosters participation, ensures transparency, demands accountability, promotes efficiency, and upholds the rule of law in economic, political and administrative institutions and processes.
Tan Sri Abu Kassim Mohamed Director General,
National Centre for Governance, Integrity and Anti-Corruption (GIACC)
has delivered the special address titled “Embedding Integrity the
Cornerstone of Good Governance”.
This forum highlighted the efforts and commitment of the Malaysian Government in the fight against corruption with a view to portray a positive image of Malaysia as a country which strongly upholds the rule of law, integrity and accountability. New laws have been enacted to combat corruption. Ministerial guidelines have been issued and National Anti- Corruption Plan has been unveiled.
With Malaysia actively fighting bribery and corruption, the government had announced to implement Corporate Liability Provisions coming into effect on June 1, 2020, under the new Section 17A Malaysian Anti-Corruption Commission (Amendment) Act 2018 that holds corporations, and their directors, officers, and managers, potentially liable for failing to prevent acts of bribery and corruption.
This issue relates to the new defence contained in section 17A (4) of the MACC Act. It is a defence for a commercial organisation to prove that it had in place adequate procedures to prevent the corrupt conduct. Pursuant to this, a guideline on Adequate Procedures has been issued by the minister to guide the commercial organization to establish adequate procedures.
According to Director General of GIACC, Tan Sri Abu Kassim, the corporate liability provision of the MACC Act (Section 17A) will be enforced on 1st June 2020. This provision is to ensure that commercial organization do not participate in corrupt activities for their advantage or benefit. The commercial organization is committing a criminal offence when a person associated with the company commits a corrupt act to obtain a business advantage. This will caused a serious repercussions on the directors and management of the company.
He said, in the event that the commercial organization is found liable under this Section 17A of the MACC Act, the provision provides that the organization having adequate procedures can raise it as a defense against corporate liability. In this regard, the organization must prove that the necessary procedures were in place to prevent its employees or associated persons from undertaking the corrupt practices.
Acting chief Executive Office of IIM, Nor’afiza Saim said the organizations have the defence of having adequate procedures in place to prevent the corrupt conduct. IIM can assist organization in putting in place systems, procedures, tools to build the culture of good governance, high integrity and anti-corruption. Among the tools and systems that we have are Anti-bribery Management Systems, Corruption Risk Assessment, Organizational Anti-Corruption Plan, Human Governance Profiling, Integrity Assessment Tool, Community Integrity Building and Ethics and Integrity Culture Building.
This one – day forum provides an avenue for participants especially leaders from both the private and public sectors to know that clear and comprehensive regulations are necessary to ensure anti-corruption efforts become an integral part of the corporate culture at all levels and to outline current thinking on the best ways to combat corruption.