Fundamentals on MACC Act 2009 - Strategic Values

• Laws and Standards governing Ethics, Bribery & Corruption
  
  
  
  • MACC Act 2009
  
  
  • Evidence Act 1950
  
  
  • Employment Act 1955
  
  
  • Contracts Act 1950
  
  
  • Competition Act 2010
  
  
  
  


• Definition of Integrity
  
  
  
  • Business Integrity
  
  
  • Professional Integrity
  
  
  
  


• Definition Bribery & Corruption
  
  
  
  • Personal Liability
  
  
  • Corporate Liability
  
  
  
  


• Definition of False Claim


• Definition of Asset Misappropriation

Case Studies

• Four Pillars of Management to support Anti Bribery and Corruption initiatives
  
  
  
  • Leadership
  
  
  • Competency
  
  
  • Communication
  
  
  • Awareness
  
  
  
  


• Corruption Risk and Corporate Governance
  
  
  
  • Fundamentals
  
  
  • Processes & SOPs
  
  
  • Ingredients
  
  
  • Environment, People and Opportunity
  
  
  • Dominant factor
  
  
  • Corporate governance in jeopardy
  
  
  • Generic reasons for bribery and Corruption
  
  
  • Risk (Reality vs Myth)
  
  
  • The risk domains in an organisation
  
  
  • Red Flags of Bribery & Corruption
  
  
  
  


• Corruption Risk Assessment and Management Based on ISO 31000 (Risk Management)
  
  
  
  • Threat / Hazard Identification
  
  
  • Identifying the Risk Level
  
  
  • Risk Probability
  
  
  • Risk Assessment / Management Approach
  
  
  • Internal Auditing Technique (Risk Based Auditing)
  
  
  
  

Corporate Liability Defence

• No Consent
  
  
  
  • Definition
  
  
  • How does a corporation show / prove no consent
  
  
  
  


• Adequate Procedures
  
  
  
  • Principles of T.R.U.S.T by virtue of
    
    
    
    • Top Level Commitment
    
    
    • Risk Assessment & Management
    
    
    • Undertaking Control Measures
    
    
    • System Review, Monitoring & Enforcement
    
    
    • Training & Communication
    
    
    
    
  
  
  • IT and Physical Security
  
  
  • Finance Processes (Accounts Receivable and Accounts Payable)
  
  
  • Business Development
  
  
  • Claims Management
  
  
  • Inventory management
  
  
  • Zero Balancing - Record keeping and reporting
  
  
  • Credit Note Management
  
  
  • Asset Disposition - Scrapping Process, Writing Off
  
  
  
  


• Process
  
  
  
  • Recruitment & Hiring Process - Hiring & Management Methodology
    
    
    
    • Setting of Scope of Work
    
    
    • Job Description
    
    
    • Identifying obligation of employee
    
    
    • Sourcing
    
    
    • Hiring / Contract Management
      
      
      
      • Objective Evaluation
      
      
      • Risk of Hiring Without Evaluation
      
      
      
      
    
    
    • Reporting
    
    
    • Performance Management
    
    
    • Consequence Management
    
    
    • Escalation Path
    
    
    
    
  
  
  • Contractor / Supplier / Vendor Engagement Process -Selection & Management Methodology
    
    
    
    • Setting of Scope of Work
    
    
    • Identifying obligation of service provider
    
    
    • Sourcing
    
    
    • Selection / Award / Contract Management
      
      
      
      • Objective Evaluation
      
      
      • Risk of Direct Awards
      
      
      
      
    
    
    • Reporting
    
    
    • Performance Management
    
    
    • Consequence Management
    
    
    • Escalation Path
    
    
    
    
  
  
  
  


• Management System in Developing and Implementing Anti Bribery and Compliance Programme (An overview of Framework)
  
  
  
  • Top Down Exercise - Management Support
  
  
  • Due Diligence and Risk Management
  
  
  • Investigation
  
  
  • Policy
  
  
  • 3rd Party communication & management
  
  
  • Internal Controls and documentation
  
  
  • Communication and training
  
  
  • Promoting and incentivizing ethics and compliance
  
  
  • Seeking guidance - Detecting and reporting violations addressing violations
  
  
  • Periodic reviews and evaluation of the anti-corruption programme
  
  
  
  


• Due Diligence (An Overview)
  
  
  
  • Methods of Conducting Due Diligence in the hiring process (Human Resources)
  
  
  • Methods of Conducting Due Diligence in the sourcing and engagement of 3rd parties process (Procurement / Purchasing / Vendor Management) Laws governing Personal Data and Financial Records Searches (PDPA 2010, FSA 2013) and how to manage searches within the ambits of the law
  
  
  • Best practices
  
  
  • Maintaining Records for Due Diligence
  
  
  • Chain of Custody of records and evidence of Due Diligence
  
  
  • Digital and Manual Records - Evidential Weightage
  
  
  • Usage of 3rd Parties to conduct Due Diligence - Cogency and Integrity of Data
  
  
  • Evidential Burden
  
  
  
  


• Improving Ethical Behavior in Business
  
  
  
  • 3 Key Elements that Influences Ethical / Unethical Decisions in an Organisation
    
    
    
    • Individual Standards & Values
    
    
    • Managers & Co- Workers Influence
    
    
    • Opportunity (Codes & Compliance Requirements)
    
    
    
    
  
  
  • Corporate Governance (Organisational Policy)
  
  
  • HR Policies (Employee Relations & Code of Ethics)
  
  
  • Whistleblowing ( Whistle-blower Protection Act 2010)
  
  
  • Standard Operating Procedures (SOP) Compliance in line with Business Ethics and Key Risk Indicators (KRI)
  
  
  • Joint Responsibility Approach
  
  
  • Compliance to related regulations, laws and standards.