fmm briefing on corporate liability provision what it ... · the provisions are similar to the uk...

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September 30, 2019 For the attention of: CEOs / Managing Directors / Senior Management / Quality and Compliance Managers & Executives / Internal Auditors / Management Representatives /Integrity Officers. FMM Briefing on Corporate Liability Provision–What it Means for Business AND Introduction to ISO 37001:Anti Bribery Management System October 21, 2019 (Monday) Grand Paragon Hotel, Johor Bahru 8:30am - 1:00pm Corporate Liability Provisions come into effect on June 1, 2020 under New Section 17A Malaysian Anti-Corruption Commission (Amendment) Act 2018. The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a commercial organisation liable for their employees and/or associates’ corrupt practices carried out for the organisation’s benefit or advantage. The Provisions apply to corrupt activities by companies and partnerships, regardless of size, carrying out business in Malaysia and, in certain circumstances, overseas. Penalties, upon conviction, may entail a fine ten (10) times the value of gratification or RM1 million, whichever is higher, and/or a jail sentence not exceeding 20 years. Companies need to put in place adequate procedures to prevent corrupt practices in their organisation and associates to avoid risks of liability and penalties. There are Guidelines on understanding “adequate procedures”. The ISO 37001: Anti Bribery Management System is one such initiative towards ensuring adequate procedures are in place in an organisation. Objectives : Understand the MACC Act 2009 on sections related to offences; Understand the rationale for the new MACC (Amendment) Act 2018 on Corporate Liability Provision; Be familiarised with the key features and implications to the commercial organisation, Directors, Top Management and Personnel; Be apprised of the lines of defence available to Directors, Partners and Management to prove diligence preventing offences envisaged in the Provision; and Understand the 'adequate procedures' needed to safeguard the company. Interested participants are requested to complete and submit the registration form as attached by October 14, 2019. For further enquiries, please contact Puan Nurafni or Cik Norazian of the FMM Johor Branch Secretariat at Tel No : 07 3577613 or e-mail to: [email protected] /[email protected] Sim BS (MS) Senior Manager, FMM Johor Branch [email protected] NYZ/naz FEDERATION OF MALAYSIAN MANUFACTURERS (7907-X) FMM HOUSE, No. 1&3, Jalan Kencana Mas 1/1, Tebrau Business Park, Kawasan Perindustrian Tebrau III, 81100 Johor Bahru, Johor Darul Takzim. Tel: 607-3577613 Fax: 607-3577618 E-mail: [email protected] Website: www.fmm.org.my JB / 46 / 2019 Programme Details Date : October 21, 2019 (Monday) Venue : Grand Paragon Hotel, Johor Bahru Time : 8:30am - 1:00pm Registration Fee FMM Member : RM 265.00 / Person FMM Non Member : RM 318.00 / Person (fees inclusive of course materials, refreshments, lunch and 6% service tax ) FMM Advocates Transparency, Integrity and No Corruption

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Page 1: FMM Briefing on Corporate Liability Provision What it ... · The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a commercial

September 30, 2019 For the attention of: CEOs / Managing Directors / Senior Management / Quality and Compliance Managers & Executives / Internal Auditors / Management Representatives /Integrity Officers.

FMM Briefing on Corporate Liability Provision–What it Means for Business AND

Introduction to ISO 37001:Anti Bribery Management System

October 21, 2019 (Monday) Grand Paragon Hotel, Johor Bahru 8:30am - 1:00pm

Corporate Liability Provisions come into effect on June 1, 2020 under New Section 17A Malaysian Anti-Corruption Commission (Amendment) Act 2018. • The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a

commercial organisation liable for their employees and/or associates’ corrupt practices carried out for the organisation’s benefit or advantage.

• The Provisions apply to corrupt activities by companies and partnerships, regardless of size, carrying out business in Malaysia and, in certain circumstances, overseas.

• Penalties, upon conviction, may entail a fine ten (10) times the value of gratification or RM1 million, whichever is higher, and/or a jail sentence not exceeding 20 years.

Companies need to put in place adequate procedures to prevent corrupt practices in their organisation and associates to avoid risks of liability and penalties. There are Guidelines on understanding “adequate procedures”. The ISO 37001: Anti Bribery Management System is one such initiative towards ensuring adequate procedures are in place in an organisation.

Objectives :

• Understand the MACC Act 2009 on sections related to offences;

• Understand the rationale for the new MACC (Amendment) Act 2018 on Corporate Liability Provision;

• Be familiarised with the key features and implications to the commercial organisation, Directors, Top Management and Personnel;

• Be apprised of the lines of defence available to Directors, Partners and Management to prove diligence preventing offences envisaged in the Provision; and

• Understand the 'adequate procedures' needed to safeguard the company.

Interested participants are requested to complete and submit the registration form as attached by October 14, 2019. For further enquiries, please contact Puan Nurafni or Cik Norazian of the FMM Johor Branch Secretariat at Tel No : 07 3577613 or e-mail to: [email protected] /[email protected]

Sim BS (MS)

Senior Manager, FMM Johor Branch [email protected]

NYZ/naz

FEDERATION OF MALAYSIAN MANUFACTURERS (7907-X)

FMM HOUSE, No. 1&3, Jalan Kencana Mas 1/1, Tebrau Business Park, Kawasan Perindustrian Tebrau III, 81100 Johor Bahru, Johor Darul Takzim. Tel: 607-3577613 Fax: 607-3577618 E-mail: [email protected] Website: www.fmm.org.my

JB / 46 / 2019

Programme Details Date : October 21, 2019 (Monday) Venue : Grand Paragon Hotel, Johor Bahru Time : 8:30am - 1:00pm

Registration Fee FMM Member : RM 265.00 / Person FMM Non Member : RM 318.00 / Person (fees inclusive of course materials, refreshments, lunch and 6% service tax )

FMM Advocates Transparency, Integrity and No Corruption

Page 2: FMM Briefing on Corporate Liability Provision What it ... · The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a commercial

Target Group : CEOs / Managing Directors / Senior Management / Quality and Compliance Managers & Executives / Internal Auditors / Management Representatives / Integrity Officers

Enclosed are the programme details and registration form. The duly completed form should be submitted to FMM Johor Branch by

October 14, 2019. For further details, kindly contact Pn Nurafni Yante/ Cik Norazian of the

FMM Johor Branch Secretariat at Tel No.07-3577613 or Fax No.07-3577618 or email at [email protected] / [email protected]

NYZ / naz

OBJECTIVE

Understand the MACC Act 2009 on sections related to offences; Understand the rationale for the new MACC (Amendment) Act 2018 on Corporate Liability Provision; Be familiarised with the key features and implications to the commercial organisation, Directors, Top Management and Personnel; Be apprised of the lines of defence available to Directors, Partners and Management to prove diligence preventing offences envisaged in the Provision; and Understand the 'adequate procedures' needed to safeguard the company.

Corporate Liability Provisions come into effect on June 1, 2020 under New Section 17A Malaysian Anti-Corruption Commission (Amendment) Act 2018.

The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a commercial organisation liable for their employees and/or associates’ corrupt practices carried out for the organisation’s benefit or advantage.

The Provisions apply to corrupt activities by companies and partnerships, regardless of size, carrying out business in Malaysia and, in certain circumstances, overseas.

Penalties, upon conviction, may entail a fine ten (10) times the value of gratification or RM1 million, whichever is higher, and/or a jail sentence not exceeding 20 years.

Companies need to put in place adequate procedures to prevent corrupt practices in their organisation and associates to avoid risks of liability and penalties. There are Guidelines on understanding “adequate procedures”. The ISO 37001: Anti Bribery Management System is one such initiative towards ensuring adequate procedures are in place in an organisation.

Date : October 21, 2019 (Monday) Time : 8.30am - 1.00pm Venue : Grand Paragon Hotel johor

8.30am Registration of Participants

9.00am Opening Remarks by FMM Representative

9.15am Corporate Liability and Adequate Procedures: Enhancing Corporate Governance by Understanding Legal Liability By Tn. Mohd Nur Lokman Bin Samingan Malaysian Anti-Corruption Commission (MACC)

10.30am Coffee Break

11.00am ISO 37001: Anti Bribery Management Systems (ABMS): An Effective Mechanism to Combat Corruption By Senior Officer from SIRIM QAS International Sdn Bhd

1.00pm Networking Lunch & End of Programme

PROGRAMME ITINERARY

Page 3: FMM Briefing on Corporate Liability Provision What it ... · The Provisions are similar to the UK Bribery Act 2010 and US Foreign Corrupt Practices Act 1977 which hold a commercial

PROGRAMME DETAILS

Date : October 21, 2019 (Monday) Time : 8.30am - 1.00pm Venue : Grand Paragon Hotel Johor Bahru, 18, Jalan Harimau Taman Century, 80250 Johor Bahru, Johor.

PARTICIPATION FEE

FMM Members : RM 265.00 / pax (inclusive Services Tax 6%) Non-Member : RM 318.00 / pax (inclusive Services Tax 6%) (fees inclusive of course materials, refreshment and lunch)

REGISTRATION / PAYMENT

Registration form must be completed and returned to FMM Johor by

October 14, 2019. All Confirmed participants should make

payment prior to the event. Walk-in participants with payment will be admitted on space availability basis. Upon sending the registration form, you are deemed to have read and accepted the terms and conditions.

PAYMENT METHODS

Payee Name : FEDERATION OF MALAYSIAN MANUFACTURERS

Cheque or Bank Draft Crossed Account Payee only

Bank-in Payment : to e-mail or Fax Deposit Slip to FMM for Issuance of Official Receipt

Bank Name : Malayan Banking Berhad Account No : 5-01280-05654-2 Swift Code : MBBEMYKL Please write the Event Name on the reverse side of the cheque or on the bank-in slip

REFUND OF FEES

Cancellation must be in writing to FMM. If cancellation is received :

More than 14days prior to event : Full Refund

Between 7-14days : 50% Refund

Less than 7days of event : No Refund

REPLACEMENT / CANCELLATION / NO-SHOW

Replacement at no additional cost. FMM reserves the right to cancel or reschedule the prgramme. All efforts will be taken to inform participants of the changes. Participants who did not turn-up at the events are liable for the full payment.

FMM Johor Branch For further details, kindly contact Pn Nurafni Yante/ Cik Norazian of the FMM Johor Branch secretariat at Tel No.07-3577613 or

Fax No.07-3577618 or email at [email protected] / [email protected]

Please register the following participants : Vegetarian Meal

Name Designation Email (Please Circle)

YES / NO

YES / NO

YES / NO (if space is insufficient, please attached a separate list)

Please Tick Appropriate Box : ( ) Enclosed Cheque / Bank Draft No. For RM

( ) Cheque to be Handed on the Day of Briefing / Posted on

( ) My Company Undertakes to Pay the full Participants Fee One Week after the event ( for FMM Member Only)

( ) Require Invoice

Submitted by :

Name : Designation :

FMM Membership No : Email :

Company Name :

Address Company :

Telephone No : Fax No :

Date : October 21, 2019 (Monday) Time : 8.30am - 1.00pm Venue : Grand Paragon Hotel Johor