# Malaysian Anti-Corruption Commission (SPRM / MACC)

> The MACC is the independent body that investigates, prevents and helps prosecute corruption in Malaysia's public and private sectors, established under the Malaysian Anti-Corruption Commission Act 2009 (Act 694).

- Category: glossary
- Language: en
- Status: published
- Updated: 2026-08-01
- Canonical: https://negaraku.md/en/glossary/suruhanjaya-pencegahan-rasuah-malaysia

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**Bahasa Malaysia:** Suruhanjaya Pencegahan Rasuah Malaysia · **English:** Malaysian Anti-Corruption Commission · **中文:** 马来西亚反贪污委员会

For most companies in Malaysia, a single section of the anti-corruption law — Section 17A — has turned compliance from a voluntary matter into a criminal risk at boardroom level. Behind that section stands the **MACC**, the body that investigates, prevents and helps prosecute corruption in the country.

## What is the MACC?

The **MACC** (Malaysian Anti-Corruption Commission), known in Malay as **SPRM** (Suruhanjaya Pencegahan Rasuah Malaysia), is the statutory body responsible for addressing corruption, abuse of power and misconduct in the public and private sectors. It was established under the **Malaysian Anti-Corruption Commission Act 2009 (Act 694)**.

The MACC is not an entirely new body. The country's anti-corruption efforts were consolidated under one roof with the establishment of the **Anti-Corruption Agency (ACA)** in **1967** under the Prevention of Corruption Act 1967 — a body later known in Malay as **Badan Pencegah Rasuah (BPR)**. The 2009 restructuring produced the MACC with broader powers and oversight structures, with the aim of making the agency a more independent and transparent commission.

## What are the MACC's functions and powers?

**Section 7** of Act 694 sets out the core functions of the Commission's officers. Among the main ones:

- Receiving and considering reports of offences under the Act, and investigating them.
- Detecting and investigating suspected offences under the Act.
- Examining the practices, systems and procedures of public bodies to facilitate the detection of offences and to curb opportunities for corruption.
- Advising the heads of public bodies on system changes that can reduce corruption risk.
- Educating the public and encouraging community support for efforts to prevent corruption.

To carry out these functions, the MACC is given broad investigative powers — including powers of search, seizure and arrest in certain circumstances. However, the power to prosecute remains with the prosecution; the MACC investigates and submits the investigation papers, while the decision to prosecute is made by the prosecution.

## Who oversees the MACC?

Because its powers are considerable, Act 694 creates a **check-and-balance mechanism** through five oversight bodies. Three of them are created by provisions of the Act (Sections 13, 14 and 15), and the other two administratively.

| Oversight body | Basis of establishment | Brief role |
| --- | --- | --- |
| Anti-Corruption Advisory Board (ACAB) | Section 13 (appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister) | Advises the Commission on anti-corruption policy and strategy |
| Special Committee on Corruption (SCC) | Section 14 (appointed by the Yang di-Pertuan Agong; members from the Dewan Negara & Dewan Rakyat) | Reviews and assesses the running of the Commission; reports to the Prime Minister and Parliament |
| Complaints Committee | Section 15 (appointed by the Minister) | Investigates non-criminal disciplinary complaints against officers |
| Operations Review Panel (ORP) | Administrative directive | Reviews operations and cases acted upon |
| Corruption Consultation and Prevention Panel (CCPP) | Administrative directive | Advises on prevention and education strategies |

This structure is intended to ensure that no single party controls the entire process without external monitoring.

## What are the main offences under Act 694?

The Act establishes several core offences. Among the most frequently cited, by the section titles in Act 694:

- **Section 16** — the offence of accepting gratification (a bribe).
- **Section 17** — the offence of giving or accepting gratification by an agent.
- **Section 17A** — corporate liability of commercial organisations (discussed below).
- **Section 21** — giving gratification to an officer of a public body.
- **Section 22** — giving gratification to a foreign public official.
- **Section 23** — using office or position for gratification.

For individuals, offences under Sections 16, 17, 21, 22 and 23 can carry imprisonment of up to 20 years and a fine of not less than five times the value of the gratification or RM10,000, whichever is higher. This is provided for under **Section 24** of Act 694.

## Why does Section 17A matter to business?

This is the major change for the corporate world. **Section 17A**, which came into force on **1 June 2020**, introduces **corporate liability**: a commercial organisation can be convicted if any employee or **person associated** with it (a director, agent, contractor) commits corruption to benefit the organisation — even if management was unaware of the act.

The burden shifts to the organisation to prove that it had adequate procedures in place. The penalties are heavy:

| Item | Detail |
| --- | --- |
| In force | 1 June 2020 (after a two-year transition period) |
| Fine | Not less than 10 times the value of the bribe **or** RM1 million, whichever is higher |
| Imprisonment | Up to 20 years |
| Sentence | Fine, imprisonment, or both |
| Individual liability | Directors and senior management may be deemed to be personally liable as well |

As a result, anti-corruption compliance is now a boardroom matter, not merely an internal policy.

## How can a company defend itself?

Section 17A provides only one defence: the organisation must prove that it had in place **adequate procedures** to prevent corruption. To explain what "adequate" means, the **Guidelines on Adequate Procedures** were issued by the Prime Minister's Department under subsection 17A(5), dated **4 December 2018**.

The guidelines are built on five principles known by the acronym **T.R.U.S.T.**:

| Letter | Principle |
| --- | --- |
| **T** | Top Level Commitment |
| **R** | Risk Assessment — periodic risk assessment |
| **U** | Undertake Control Measures |
| **S** | Systematic Review, Monitoring and Enforcement |
| **T** | Training and Communication |

To meet these principles, companies typically develop a written anti-corruption policy, procedures for giving and receiving gifts, conflict-of-interest controls, a whistleblowing channel, and periodic training for staff.

## Is the MACC actively enforcing this law?

Yes. The MACC maintains a high level of enforcement activity every year. As an illustration, the Global Legal Insights legal summary reports more than 1,300 corruption-related arrests over the course of 2024, covering both public officials and private-sector parties. The exact figures change from year to year; what matters for corporate readers is the trend — enforcement is active, and Section 17A makes companies themselves a likely target, not merely individuals.

Because certain corruption cases may be in court proceedings, this article deliberately keeps its description at the institutional and legal level, without discussing individual cases that have not yet been decided.

## What's next

If you manage a company or a compliance function:

- Read the **Guidelines on Adequate Procedures (Prime Minister's Department, 2018)** and map the five T.R.U.S.T. principles to your existing policies.
- Check whether you have a written anti-corruption policy, a whistleblowing channel, and records of staff training — evidence of "adequate procedures" begins with documentation.
- Understand the broader legal framework by reading our explainer on the [Act](/glossary/akta) in Malaysia.

This article is a general explanation, not legal advice. For decisions relating to compliance or investigations, seek the advice of a qualified lawyer.

## Sources

- Laws of Malaysia — Act 694, Malaysian Anti-Corruption Commission Act 2009 (Reprint) — https://sustainability.um.edu.my/doc/Sustainability%20UM/Policies,%20Guidelines,%20Handbook/Act%20694_MACC.pdf (Laws of Malaysia (cetakan semula rasmi; salinan dihoskan Universiti Malaya))
- Section 17A Malaysian Anti-Corruption Commission (MACC) Act Enforced On 1st June 2020 — https://www.sprm.gov.my/index.php?page_id=103&contentid=669&cat=CN&language=en (Suruhanjaya Pencegahan Rasuah Malaysia (SPRM))
- Guidelines on Adequate Procedures (pursuant to subsection (5) of Section 17A, MACC Act 2009) — https://pulse.icdm.com.my/wp-content/uploads/2019/12/Prime-Ministers-Department-Guidelines-on-Adequate-Procedures.pdf (Jabatan Perdana Menteri Malaysia (Prime Minister's Department))
- Integrity and Independence of Judges, Prosecutors and Law Enforcement Officials — Malaysia (country paper) — https://www.unafei.or.jp/publications/pdf/GG14/17_GG14_CP7_Malaysia.pdf (UNAFEI (United Nations Asia and Far East Institute))
- Bribery and Corruption Laws and Regulations 2026 — Malaysia — https://www.globallegalinsights.com/practice-areas/bribery-and-corruption-laws-and-regulations/malaysia/ (Global Legal Insights)

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