MACC Act Anti-Bribery Provisions

1. being an agent, he corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or
2. he corruptly gives or agrees to give or offers any gratification to any agent as an inducement or a reward for doing or forbearing to do, or for having done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavor to any person in relation to his principal’s affairs or business.

1. to obtain or retain business for the commercial organization; or
2. to obtain or retain an advantage in the conduct of business for the commercial organization.

Any commercial organization who commits an offence under this section shall on conviction be liable to a fine of not less than ten times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of pecuniary nature, or one million ringgit, whichever is the higher, or to imprisonment for a term not exceeding twenty years or to both.

Where an offence is committed by a commercial organization, a person—

1. who is its director, controller, officer or partner; or
2. who is concerned in the management of its affairs

at the time of the commission of the offence, is deemed to have committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.

If a commercial organization is charged for the offence referred to in subsection (1), it is a defence for the commercial organization to prove that the commercial organization had in place adequate procedures to prevent persons associated with the commercial organization from undertaking such conduct.

The Minister shall issue guidelines relating to the procedures mentioned in subsection (4).

For the purposes of this section, a person is associated with a commercial organization if he is a director, partner or an employee of the commercial organization or he is a person who performs services for or on behalf of the commercial organization.

The question whether or not a person performs services for or on behalf of the commercial organization shall be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between him and the commercial organization.

For the purposes of this section, “commercial organization” means–

1. a company incorporated under the Companies Act 2016 [Act 777] and carries on a business in Malaysia or elsewhere;
2. a company wherever incorporated and carries on a business or part of a business in Malaysia;
3. a partnership–
   1. under the Partnership Act 1961 [Act 135] and carries on a business in Malaysia or elsewhere; or
   2. which is a limited liability partnership registered under the Limited Liability Partnerships Act 2012 [Act 743] and carries on a business in Malaysia or elsewhere; or
4. a partnership wherever formed and carries on a business or part of a business in Malaysia.