By Kherk Ying Chew and Eddie Chuah (Baker McKenzie Kuala Lumpur)
Primary foreign anti-bribery legislation and enforcement agencies
Malaysian Anti-Corruption Commission Act 2009 (MACCA)
Investigating agency: Malaysian Anti-Corruption Commission (MACC)
Prosecuting agency: Attorney General’s Chambers – Legal and Prosecution Division, Malaysian Anti-Corruption Commission
Public “Name and Shame Database” listing names of individuals convicted of corruption from 1 January 2010 onwards (three years only) is available here.
MACCA applies to citizens and permanent residents of Malaysia, both outside and within the country. It prohibits the gift or receipt of any gratification as an inducement to or a reward for, or otherwise an account of:
- any person doing or forbearing to do anything in respect of any matters or transaction, actual or proposed or likely to take place; or
- any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned.
MACCA also prohibits:
- any person who intends to obtain any contract from a public body to procure a withdrawal of a tender made by any other person by offering him or her any gratification as inducement to withdraw the tender;
- offering an officer of any public body any gratification as inducement or a reward for performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of any official act;
- bribing a foreign public official; and
- failing to report that gratification has been solicited or obtained from you in contravention of MACCA.
There is no statutory defense under the MACCA.
Penalties – Criminal and/or civil liability
For more serious bribery (ss 16,20,21 and 22), imprisonment for up to 20 years and a fine of not less than five times the sum/value of the gratification where it is capable of being valued or is of a pecuniary nature, or MYR10,000, whichever is the higher (s 24).
There is also a general penalty of a fine of up to MYR10,000 or imprisonment for up to two years, or both (s 25(4)).