PUTRAJAYA, 18 August – The Webinar Series 2: Corruption Offences by Commercial Organisations (Corporate Liability) Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 was held again together with companies under the corporate sector joined by 60 participants today. It was held again by popular demand from the well-received Webinar Series 1, organised on 22 July 2021 .

MACC Deputy Chief Commissioner (Prevention), Dato' Sri Shamshun Baharin Mohd Jamil said, a commercial organisation commits an offence if “a person associated with the commercial organisation” commits corruption or gives bribes to any person with the intention to obtain or to maintain business or benefits for the commercial organisation.

“Furthermore, under the section, a person who is ‘associated’ with the commercial organisation is defined as a Chairman, Chief Executive Officer or employee of the commercial organisation and is a person who conducts services for or on its behalf,” he explained.

He added that in order to assist commercial organisations to implement Adequate Measures in its operations, a guideline has been issued on the section in order to assist commercial organisations to prevent corruption in its business activities. This programme was his own initiative in the effort to disseminate the provisions of this section.

Meanwhile, the Perak State MACC Office successfully conducted the ‘Integrity with the Perak State Government Programme’ on 17 August virtually through the Zoom Webinar application.

Dato' Sri Shamshun Baharin said, in the context of the Perak State Government, any agency under it can be prosecuted and sentenced if it allows their officers or staff to commit corruption in order to obtain a project or to obtain any benefit for the commercial organisation.

“Section 17A of the MACC Act 2009 places the responsibility to prevent corruption on the commercial organisation and its management. Failure to prevent corruption can cause the company to be prosecuted and sentenced under this provision,” he said.

He added that a commercial organisation which committed the offence under Section 17A can be sentenced to a fine of not more than 10 times the amount of bribe or RM1 million, whichever is higher or imprisonment up to 20 years or both.

The programme that will be conducted periodically in collaboration with the Perak State Government, was participated by 74 participants with the MACC Deputy Chief Commissioner (Prevention) as a panel member. All of the participants consisted of executive officers and top management of state statutory agencies and subsidiaries under the Perak State Government in order for them to better understand the provisions of this section which was enforced on 1 Jun 2020.

Also present were the Director of Perak State MACC Office, Dato' Mohd Fauzi Mohamad; Deputy State Secretary (Management), Perak State Government, Nor Sham Rahman; Head of Integrity Unit, Perak State Government, Jacob Raju a/l Jayadurai.