Malaysia - Anti-Corruption Commission Act

    Asia-Pacific

    Malaysia - Anti-Corruption Commission Act

    The Malaysian Anti-Corruption Commission (MACC) Act 2009 (‘the Act’) provides for the establishment of the Malaysian Anti-Corruption Commission and enhances the prevention of corruption and for matters necessary related to it. 

    Last Updated: July 22, 2019


  • The offence of accepting gratification, which outlines that any person who by himself, or by or in conjunction with any other person (Section 16 of the Act):

    • corruptly solicits or receives or agrees to receive for himself or for any other person; or  
    • corruptly gives, promises or offers to any person whether for the benefit of that person or of another person, 

    any gratification as an inducement to or a reward for, or otherwise on account of any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place.  

    A person commits an offence of giving or accepting gratification by agent if (Section 17 of the Act); 

    • they corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for themselves 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 their principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to their principal’s affairs or business; or  
    • they 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 their principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to their principal’s affairs or business.

    Section 24(1) of the Act provides that any person who commits an offence under sections 16 and 17 amongst others shall on conviction be liable to:  

    • imprisonment for a term not exceeding twenty years; and  
    • a fine of not less than five 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 a pecuniary nature, or ten thousand ringgit, whichever is the higher.  

    A person commits an offence of deception if he gives to an agent, or being an agent he uses with the intention to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal (as per section 18 of the Act). The Act provides that any person who commits the offence of intending to deceive a principal by agent shall be liable on conviction to (as per section 24(2) of the Act):

    • imprisonment for a term not exceeding twenty years; and  
    • a fine of not less than five times the sum or value of the false or erroneous or defective material particular, where such false or erroneous or defective material particular is capable of being valued, or of a pecuniary nature, or ten thousand ringgit, whichever is the higher. 
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