Since 1 June 2020, a commercial organisation in Malaysia is liable for corruption committed by any associated person — employee, agent, supplier, partner — where the corruption was carried out for the organisation's benefit. Whether or not senior management knew about it.
The penalty on conviction is a fine of not less than ten times the value of the bribe, or RM1 million, whichever is higher, or imprisonment for up to 20 years, or both. Section 17A(2) →
The organisation's adequate-procedures defence should not be confused with the separate rules governing an individual director's or manager's liability. Obtain legal advice on the relevant statutory test and the facts; a clean screening result does not establish either defence by itself.
Checks need to be proportionate to the risks and followed by action where concerns arise. Keep the decision, follow-up and ongoing review on record as part of the organisation's prevention programme.
The Governance, Integrity and Anti-Corruption Centre under the Prime Minister's Office issued the Guidelines on Adequate Procedures in December 2018. Five principles, arranged as the acronym T.R.U.S.T. — Top-level commitment, Risk assessment, Undertake control measures, Systematic review, Training and communication. Guidelines on Adequate Procedures →
Due diligence on counterparties, partners, directors and key hires is exactly what Risk assessment and Undertake control measures look like in practice.