MACC to use new provision to prosecute companies, not just individuals

  • Nation
  • Thursday, 30 May 2019

KUALA LUMPUR (Bernama): The Malaysian Anti-Corruption Commission (MACC) will enforce a new provision in the MACC Act 2009 effective from June 2020 to enable the prosecution of commercial organisations involved in corruption.

MACC deputy chief commissioner (operations) Azam Baki said the enforcement of Section 17A of the MACC Act would be to fulfil the international requirements under Article 26 of the United Nations Convention Against Corruption (UNCAC), which refers to the liability of legal persons.

He said before this, the MACC Act only focused on the prosecution of a natural person, that is individuals involved in corruption.

“Section 17A was enacted to enable companies involved in corruption activities to be subjected accordingly to legal action.

“Section 17A was passed in Parliament on April 5, 2018, which focuses on corruption by commercial organisations,” he told Bernama here.

Azam said under the new provision, a commercial organisation could be prosecuted if a person associated with the organisation commits a corrupt act to enable the organisation to acquire or retain a contract or interest.

“The provision also requires, as a precautionary measure, the commercial organisation to create policies and efforts to prevent corruption in the organisation,” he said.

He added that MACC had referred to various legal sources, both domestic and overseas, in the drafting of the provision. – Bernama

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