In light of the latest developments by the Malaysian Anti-Corruption Commission (MACC), commercial organisations must now be extremely wary about the ways in which they conduct themselves when dealing with their businesses and others.
The recent implementation and enforcement of the Guidelines on Adequate Procedures pursuant to Section 17A (5) of the MACC Act necessitates that commercial organisations set in place a compliance programme encompassing five key principles (T.R.U.S.T.) to prevent corporate liability charges. The implication of this is that organisations must now look within, assess past behaviours that will now be caught under the new Act, and prepare adequate and all-encompassing policies so as not to violate any laws on this front.
In this webcast, we will address various topics on anti-bribery and corruption for commercial organisations including:
Risks of bribery such as gifts, entertainment and hospitality, charitable contributions, and dealings with third parties;
How to deal with improper solicitations, briberies, and other corrupt activities arising during the course of business;
Policies and processes that need to be set in place including whistleblowing policies and dawn raid guidelines;
The need for ongoing compliance by way of training and awareness and continuous improvement; and
Relevant foreign laws and examples of cases where commercial organisations were held liable for corruption.
LAW Partnership (Malaysia)
Brian is a Partner in LAW Partnership and is well-recognised in the areas of Corporate Investigations and Intellectual Property (IP). Brian has conducted several cross-border investigations in Singapore, China, Malaysia and Russia for issues relating to corporate governance and breach of directors’ duties.
Brian is highly experienced in corporate compliance, regulatory and enforcement matters. He has assisted clients in formulating anti-bribery audit and compliance programmes. These programmes are aimed at preventing corporate liability charges in line with the MACC’s Guidelines on Adequate Procedures pursuant to the MACC Act.
He was responsible for the success of complex, high-profile IP enforcement raids and corporate investigation matters locally and regionally across China, Singapore, Brunei Darussalam and Indonesia.
Harry Elias Partnership LLP (Singapore)
Weiyi is a Partner with the Litigation and Dispute Management Practice Group.
Weiyi specialises in complex cross-border disputes and corporate investigations. Weiyi advises and represents clients in investigations and enforcement actions, focused on corruption, financial fraud and other white-collar criminal offences.
She has advised multinational companies and financial institutions on cross-border investigations and assisted them with their response to investigations and prosecution by foreign and local enforcement authorities, such as the US Department of Justice, UK Serious Fraud Office, and the Monetary Authority of Singapore. She also regularly advises corporations on anti-bribery compliance, and assists them with the design and development of compliance programmes to address anti-bribery risks.
Weiyi is a Certified Fraud Examiner (CFE) with the Association of Certified Fraud Examiners (ACFE) and the President of the ACFE Singapore Chapter. She is also a Certified Privacy Manager (CIPM) with the International Association of Privacy Professionals (IAPP) and regularly advises on privacy issues in the context of internal investigations and regulatory disclosures.
Tan Hwee Yee
LAW Partnership (Malaysia)
Hwee Yee is an Associate in LAW Partnership and is well-versed in the areas of Corporate Investigations.
She specialises in a broad range of matters involving commercial and IP disputes. She also advises on non-contentious matters such as commercial contracts, regulatory compliance, e-commerce, personal data protection and cybersecurity-related matters.
She has also had great exposure in various other areas of practice including assets recovery, insolvency, banking, public interest and construction litigation.
Hwee Yee also advises clients on matters related to corporate compliance, regulatory and enforcement and has assisted clients in formulating tailored anti-bribery and anti-corruption manuals for internal use, so as to prevent infringing acts in line with the MACC’s Guidelines on Adequate Procedures pursuant to the MACC Act.