It is now the holy fasting month of Ramadan and Hari Raya celebrations will soon be upon us.
Like during most festive seasons, it is now the time for many of us to remember our Muslim business partners, associates, suppliers and clients who have supported and helped us through these difficult years. Many of them have become like friends to us.
Often, we would like to say ‘Thank You’ to them during this Hari Raya with a gift, maybe a hamper, as a token of our appreciation for all their help and understanding. Otherwise, we might even take our clients or business associates out to somewhere nice, like a 5-star hotel, for a grand “Buka Puasa” session. It is a meaningful way to foster good relationships and to continue to look forward to their support.
After all, that seems to be the typical Malaysian way of doing business.
However, did you know that by doing so, you may be putting yourself and your management at risk?
Has your organization already established your gift policy to make sure that there are no elements of corruption included in your simple act of goodwill that you or your staff are showing towards your clients or business associates? Even by accepting such gifts, you might be the target for an act of bribery.
With the implementation of Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009 on 1st June 2020, Company Directors, Partners and Management Personnel have now become personally liable for any acts of bribery and corruption caused by anybody in their organisation or associated to their organisation. The only means of defence for them is if they had diligently implemented an Anti-Corruption Policy for their organisation.
The MACC has already began charging Company Directors under Section 17A. The first case was against the directors of Pristine Offshore Sdn Bhd, where an alleged bribery took place between 29th June and 14th October 2020. If convicted, the officers of the company face a fine of 10 times the amount of the bribe or a maximum jail sentence of 20 years.
To meet the requirements for protection against Section 17A, we have created a basic package to help SME organisations implement their own Anti-Bribery & Anti-Corruption Policy and Gift Policy so that they can initiate adequate procedures and controls that are based on the T.R.U.S.T. principles, as recommended by the National Centre for Governance, Integrity and Anti-Corruption at the Prime Minister’s Department.
By doing so, Directors, Partners and the Management will be able to defend themselves against the risk of legal actions or fines and to avoid putting their organisation in jeopardy of damaging its reputation.
So, are you and your staff giving out or receiving Hampers for Hari Raya?
Let us help you raise fences for your defence against Section 17A of the MACC Act 2009.
Talk to us on how we can help you successfully protect yourself and your organization against the risk of being involved in corruption.
Contact us:
EUROGAIN SECTA SDN. BHD.
Company No.: 201101034021(962156-X)
22-1 & 2, Jalan 1/64, Off Jalan Kolam Air/Jalan Sultan Azlan Shah, 51200 Kuala Lumpur, Malaysia
Tel : 603 – 4045 1080
Mobile : 6016 – 206 9480
Email : admin_essb@eurogain.com.my