Compliance and Governance
We offer a combination of legal expertise and practical business insights to help you navigate through the web of compliance laws and procedures. From risk identification to risk mitigation, we work with you to craft solutions that will minimise compliance risks, while optimising business performance. Our services integrate a holistic approach that covers the whole cycle of compliance risk management. In particular, we have subject-matter experts specialising in areas such as financial services, competition, data protection and employment that can assist with your compliance efforts.
Our aim is to position compliance as part of a broader culture of corporate integrity, rather than isolated and onerous obligations. We want to help our clients recognise compliance as an enabler not only to avoid regulatory action, but also to enhance their long-term business success.
Latest insights
The Malaysian Government has announced that it is reviewing the Countervailing and Anti-Dumping Duties Act 1993 and its accompanying regulations. This marks a significant step toward modernising the anti-dumping regulatory framework, raising important questions on the need to review the law and how regulatory reform could shape the future of Malaysia’s trade remedies landscape.
In this article, our Partner, Mohamad Izahar Mohamad Izham, and Associate, Najihah Abu Bakar of the Government Advisory Practice discuss the current framework’s challenges and explore potential changes that could better safeguard domestic industries while ensuring fair competition in the market.
Anticipating Reform: Revisiting Malaysia’s Anti-Dumping Regulatory Framework
Corporate governance in Malaysia has seen significant efforts to advance transparency, integrity and sustainability within companies. This article discusses three key areas of focus in the context of corporate governance.
Malaysia’s Moves to Keep Directors Above Board
The long-awaited Cybersecurity Act 2024 is a recognition by the Government on the need for a comprehensive legal framework to protect critical national information infrastructure.
In this publication, Partners Nadarashnaraj Sargunaraj, Jonathan Lim, and Mohamad Izahar Mohamad Izham discuss the highlights of the new law, with practical guidance on navigating the upcoming compliance obligations.
Cybersecurity Act 2024 - Malaysia’s “Dagger One” Against Cybersecurity Threats
What’s changed?
Since June 2023, the EU has implemented the European Union Deforestation Regulation (EUDR) aimed at mitigating deforestation and forest degradation associated with certain commodities, including palm oil.
What this means for Malaysian palm oil businesses
Under the new Regulation, Malaysian palm oil businesses that export their commodities covered by the EUDR into the EU market must prove that their products are both deforestation-free and compliant with relevant local laws.
These businesses will have until 30 December 2024 to ensure that their products meet these new requirements, a failure of which will result in a loss of market access in the EU.
Key compliance requirements
- Due diligence statement
Before placing goods into the EU market, the EUDR requires businesses to produce a due diligence statement. This statement needs to expressly confirm, that due diligence has been conducted and no or only a negligible risk of deforestation and incompliance with the legislation of the country of production of the commodities have been identified.
The due diligence statement requires three main steps to be completed:
- Reporting Obligations
Businesses must also report their due diligence systems yearly and keep documentation related to due diligence for at least five years.
Penalties for non-compliance
The EUDR places significant penalties on businesses that fail to comply with the Regulation including having their products confiscated and facing fines of at least 4% of a business’ annual turnover in the EU. More severely, violations of the EUDR can lead to businesses being denied access to the EU market.
How we can help
The required due diligence statement under the EUDR can be a complex and challenging task for palm oil businesses. It requires a comprehensive collection, management and analysis of data and information extending to individual raw material producers, which must be disseminated throughout the entire value chain.
With only six months to go before these requirements are mandatory by law, our team of experts can help your business be fully equipped to meet EUDR obligations and maintain continued success in the EU market.
If you have any questions or require any additional information, please contact Chan Xian Ai, or the Zaid Ibrahim & Co (in association with KPMG Law) partner you usually deal with.
How the New EU Deforestation Regulation Affects Your Palm Oil Business
One topical area for reform that has constantly been of discourse of late is political appointments in Government agencies. It is not to say that political appointments are legally wrong, but what is important is that the appointments are merit based. Individuals appointed should possess the necessary experience and qualifications to add value as members of the appointed institutions.
In this publication, Nik Norzrul Thani, Mohamad lzahar Mohamad lzham, and Liya Saffura Ab. Rashid will explore these concerns in the context of public sector governance and propose an integrated approach with the emergence of a Public Sector Corporate Governance Act to consider for potential reform.