ANTI-BRIBERY & CORRUPTION POLICY
This Anti-Bribery and Corruption Policy (“this
Policy”) has been developed as part of SYNERGY BIZ SOFTWARE DEVELOPMENT
SDN. BHD, its affiliates and subsidiaries (individually and collectively, “we”,
“us” or “our”)’s Anti-Corruption Management System which has been
designed to align with Malaysian Anti-Corruption Commission Act 2009 (“MACCA
2009”), in particular, Section 17A thereof and other laws which are
applicable to preventing bribery and/or corruption (“Relevant Laws”).
We have adopted a zero-tolerance approach
against all forms of bribery and corruption. Full compliance to both the spirit
and the letter of this Policy is mandatory.
OBJECTIVE
The purpose of this Policy is to:
(a)
set out our
responsibilities and of those working for or with us, in observing and
upholding our position on bribery and corruption; and
(b)
provide information
and guidance to those working for or with us on how to recognize and deal with
bribery and corruption issues.
SCOPE
This Policy is applicable to our group of
companies (including our parent company, representatives, subsidiaries,
affiliates, related and/or associated companies), our business associates, contractors, agents
and all of our employees, including permanent and temporary employees, senior
management and the members of our board of directors (hereinafter collectively
referred to as our “Personnel”).
Although this Policy is specifically written for
our Personnel, we expect that all parties we engage to provide services for
ourself or our nominee through our digital platform or otherwise (“Associated
Persons”) will comply with this Policy as it may be applicable when
providing such services.
ANTI-BRIBERY & CORRUPTION POLICY
1.
Bribery And Corruption
Bribery and corruption mean any action which would
be considered as an offence of giving or receiving Gratification under the Relevant
Laws, including but not limited to offering, giving, receiving or soliciting
something of value in an attempt to illicitly influence the decisions or
actions of a person who is in a position of trust within an organisation.
Bribery and corruption in all its forms as it
relates to our activities are STRICTLY PROHIBITED. All Personnel and Associated Persons shall not therefore whether
directly or indirectly, offer, give, receive or solicit any Gratification, in
the attempt to illicitly influence the decisions or actions of a person in a
position of trust within an organisation, either for our intended benefit or
for the benefit of any person involved in the transaction.
The prohibition of bribery and corruption applies
equally to all business dealings with private sector and government entities,
and includes their directors, personnel, agents and other appointed representatives.
2.
Gratification
2.1.
Section 3 of the
MACCA 2009 which provides for definition of “Gratification” is reproduced as follows:-
(a)
“money, donation,
gift, loan, fee, reward, valuable security, property or interest in property
being property of any description whether movable or immovable, financial
benefit, or any other similar advantage;
(b)
any office,
dignity, employment, contract of employment or services, and agreement to give
employment or render services in any capacity;
(c)
any payment,
release, discharge or liquidation of any loan, obligation or other liability,
whether in whole or in part;
(d)
any valuable
consideration of any kind, any discount, commission, rebate, bonus, deduction
or percentage;
(e)
any forbearance to
demand any money or money's worth or valuable thing;
(f)
any other service
or favour of any description, including protection from any penalty or
disability incurred or apprehended or from any action or proceedings of a
disciplinary, civil or criminal nature, whether or not already instituted, and
including the exercise or the forbearance from the exercise of any right or any
official power or duty; and
(g)
any offer,
undertaking or promise, whether conditional or unconditional, of any
gratification within the meaning of any of the preceding paragraphs (a) to (f)”.
2.2.
In this regard, all
Personnel and Associated Persons shall adhere strictly to the following rules
in respect of gifts and hospitality:-
(a)
not to give, agree
to give, promise or offer Gratification with the expectation or hope that
either us, himself or herself would be given a business advantage;
(b)
not to give, agree
to give, promise or offer Gratification to any officer of the government or
public body so that we will improperly be given an advantage or to expedite a
routine procedure;
(c)
not to give, agree
to give, promise or offer Gratification which is or could reasonably be
perceived to be against this Policy;
(d)
not to pay, offer
or agree to pay from their personal bank account for Gratification as a means
to circumvent this Policy;
(e)
not to induce our
Personnel to indulge or get involved in any conduct prohibited by this Policy;
(f)
not to engage or
get involved in any activity or conduct that is inconsistent with this Policy;
and
(g)
not to solicit,
receive or agree to receive Gratification of any kind to from any other person
with the intention to obtain or retain business or any advantage in the conduct
of business for us.
2.3.
In exceptional
situation, our Personnel may be allowed to give Gratification provided the
following principles are adhered to:-
(a)
the giving of the
gift shall be disclosed to the immediate superior; and
(b)
the giving of the
gift shall be made without intention to obtain or retain business or any
advantage in the conduct of business for us.
3.
Donation And Sponsorships
We may make donation or offer sponsorships for
charitable purposes to external parties. However, we prohibit the giving and
receiving of donations and sponsorships to influence business decisions.
4.
Facilitation Payment
“Facilitation Payment” means any unofficial
payment made to any party to secure or to expedite a routine act of business.
We adopt a strict policy of disallowing the use of Facilitation Payments in the
business. All Personnel and Associated Persons shall decline or avoid any conduct
or activity which may lead to the payment of any Facilities Payment.
In the event that any of the Personnel or
Associated Persons is asked or needs to make payment on our behalf, the said
Personnel or Associated Persons shall consider the purpose and intention of the
payment before proceeding to make a decision whether or not to make such a
payment. If a payment is made, a receipt, whenever applicable, must be obtained
and be handed over the account department as soon as possible.
5.
Non-Conflict
Conflicts of interest arise in situations where
there is personal interest that could be considered to have potential
interference with objectivity in performing duties or exercising judgment on
our behalf. All Associated Persons should avoid situations in which personal
interest could conflict with their professional obligations or duties. All
Personnel and Associated Persons must not use their position, official working
hours, our resources and assets, or information available to them for personal
gain or to our disadvantage.
6.
Other Responsibilities
6.1.
All Personnel are
strictly required to carry out the following responsibilities and obligations
relating to the Company’s Anti-Corruption Management System:-
(a)
be familiar with
applicable requirements and directives of this Policy and communicate the same
to the subordinates;
(b)
attend any training
programme as we require held under the Company’s Anti-Corruption Management
System;
(c)
be alert to any
indication or evidence of possible violations of this Policy;
(d)
always raise
suspicious transactions and other “red flags” (indicators of bribery or
corruption) to the immediate superiors for guidance on the next course of
action;
(e)
promptly reply
violations or suspected violations through the channel as provided herein;
(f)
not to offer,
promise or make any attempt at dishonestly influencing the person’s decision by
directly or indirectly offer or make promise of corrupt payments, in cash or in
kind;
(g)
not to involve in
any discussions regarding business or employment opportunities, for your own
personal benefit or for the benefit of the external party; and
(h)
not to abuse the
decision making and other delegated powers given by the top management, in
order to illicitly secure an outcome which would be to the commercial advantages
for us or yourself.
REPORTING OF POLICY VIOLATIONS
(“WHISTLE-BLOWING”)
If anyone becomes aware of any actual or suspected
breach of this Policy, you must, as soon as practicable, report your concerns
to the designated whistleblowing channel as stated below:-
All the reports made through the whistleblowing
channel above, either anonymously or otherwise, shall be made in good faith in
a timely manner and without incurring fear of reprisal regardless of the
outcome of any investigation.
COMPLIANCE TRAINING & COMMUNICATION
Our Personnel operating in areas that are
perceived as high risk will receive regular and relevant training on how to
implement and adhere to our Anti-Corruption Management System. The attendance
to all the training programme being held is COMPULSORY.
Our zero-tolerance approach against all
forms of bribery and corruption must be communicated to all suppliers,
contractors, agents, business and other partners at the outset of our relationship
with them and as appropriate thereafter.
MONITORING & RECORD KEEPING
ALL OUR PERSONNEL shall be responsible in
monitoring the implementation of this Policy and ensure that the Policy is
adhered to.
We are committed to keep no accounts “off the
record” to ensure the transparency of all business dealings. We are committed
to conduct internal audit from time to time.
We are committed to reviewing and amending
this Policy on a periodical basis to ensure effectiveness of this Policy.
CONSEQUENCES OF NON-COMPLIANCE
Any of our Personnel who
contravenes the terms of this Policy or the applicable laws may be subject to
internal disciplinary action, which may include dismissal or termination of
employment.
In the event that any of
the Associated Persons fails to comply with all the terms of this Policy or the
applicable law, we reserve our rights to terminate any or all contract(s) we
entered into where the said Associated Persons is (or purported to be) privy
thereto.
We reserve our right to
lodge a report of the conduct of the person to the relevant authorities or
bodies, including the Malaysian Anti-Corruption Commission.
MODIFICATION OF THIS POLICY
We would carry out
regular assessment of this Policy to ensure its scope, policies, procedures and
controls are in line with the bribery and corruption related risks that we
might be exposed to. Therefore, we reserve our rights to amend or modify this
Policy at any time as we deem appropriate, with or without notice.
