Anti-Bribery & Corruption PolicyDoc No.: CENT_ABCC_IFR_01
This Anti-Bribery and Corruption Policy (“ABC Policy” and/or “Policy”) sets out CENTRIONICS Group of Companies principles in dealing with improper solicitation, bribery and other corrupt activities and related issues that may arise in CENTRIONICS Group of Companies course of business. This Policy should be read in conjunction with CENTRIONICS Group of Companies various policies & guidelines. This Policy is not intended to provide definitive answers to all issues related to bribery and corruption. If multiple documents speak on the same subject, then the more stringent provision shall apply at all times.
2. ANTI-BRIBERY AND CORRUPTION COMMITMENT
CENTRIONICS is committed to conducting business dealings with integrity, honesty and respect. This means avoiding practices of bribery and corruption of all forms in CENTRIONICS daily operations. CENTRIONICS has adopted a zero-tolerance approach against all forms of bribery and corruption. Employees who refuse to pay bribes or participate in acts of corruption will not be penalized even if such refusal may result in losing business. The Policy reflects Centrionics dedication to maintaining the highest level of integrity and ethics in CENTRIONICS. Full compliance to both the spirit and the letter of this Policy is mandatory and should be maintained using a principle-based approach.
This Policy sets out CENTRIONICS overall position on bribery and corruption in all its forms. The Policy is not intended to be exhaustive as there may be additional obligations that the Personnel is expected to adhere to or comply when performing their duties. For all intents and purposes, the Personnel shall always observe and ensure compliance with this Policy and all applicable laws, rules and regulations in the performance of their duties.
This Policy is applicable to CENTRIONICS, its Controlled Organizations, Business Associates acting on CENTRIONICS’s behalf, the Board of Directors and all CENTRIONICS Personnel, consultants, contractors and suppliers and shall be amended from time to time in line with laws and regulatory requirements. All reviews and changes therein must be approved by the Board of Directors before coming into effect. Joint-venture companies in which CENTRIONICS is non-controlling or co-venture and associated companies are encouraged to adopt these or similar principles and standards. External Providers are also expected to comply with this Policy in relation to all work conducted with CENTRIONICS, or on
5. ANTI – BRIBERY & CORRUPTION POLICIES
5.1 No Gift
A gift comprises of cash money, free fares, and shares, travelling facilities, entertainment expenses, services, club membership, any form of commission, hampers, jewelry, decorative items and any item of high value that is given to a public official.
Any gift must be unsolicited and not affect, or be perceived as affecting, business judgment. Gifts should only be offered to and received in connection with a customary business or cultural occasion.
The giving or receiving of gifts are strictly prohibited:-
a) Any gift in the form of cash and/or valuable item
b) Any gift as part of commission
c) Any gift that is illegal in nature
d) Any gift from parties involved in an active tender or bidding exercise
e) Any gift that comes with direct or indirect suggestion, hint, understanding or implication that in return for the gift, some or desirable outcome is required
f) Any gift which is lavish and excessive
g) Any gift must not be given to government officials
The gifts are allowed:-
a) The amount shall not exceed of RM500.00
b) Gift from External Party in relation to its official function, event or celebration e.g. door gifts offered to attendees
c) Gift from Company or it related companies to employee and director and/or their family members in relation to an internal or externally recognized Company function, event and celebration e.g.in a recognition of an employee’s/director/s service to company
d) Exchange of gifts at company-to-company level e.g. gifts exchanged between companies during official company visit
e) Token or common gifts are bearing the corporate logo
f) Gifts received from friends due to retirement, transfer, engagement and marriage
5.1.3 GIFTS DECLARATION FORM
In certain cultures, or situations, gift giving is a central part of the business etiquette. Despite acknowledging “No Gift Policy” some external parties may still insist on providing gifts. It’s likely to be offended to external party if the employee was to refuse or return the gift; the employee is expected to perform a self-evaluation.
The employee is required to submit the Gift Declaration Form within five (5) Working Days from the date of receipts or giving the gift to HR Department.
The Gift Declaration Form can be obtain at FMS.
5.1.4 EMPLOYEES RESPONSIBILITY
The employee is committed to comply with the applicable provision to third parties, especially when it involves public officials and therefore expect employees:
a) Clear on the policy
b) To seek for necessary approvals
c) To report any conduct related to bride
Below are some information guidelines from MACC
Guide from MACC on “NO GIFT POLICY”
Update from MACC on “NO GIFT POLICY”
Frequently Asked Questions on “Gift Giving and Receiving”
- Business Dealing
Business dealings with third parties, which include contractors, suppliers, agents, consultants, introducers/government intermediaries etc., must be carried out in compliance with all relevant laws and consistent with the values and principles of the Code of Ethics & Conduct. As part of this commitment, all forms of bribery and corruption are unacceptable and will not be tolerated.
All employees must conduct the requisite due diligence of third parties that company contracts with or hires to carry out. This include any external functions on behalf of the company, which includes without limitation to agents, consultants, contractors, subcontractors, resellers, customs brokers, business contacts, professional advisors, joint venture partners and any other parties supplying goods and services to company. This Policy also applies to all partners, employees, and associates of the company, including temporary, contract staff or interns (“Employees”).
This Policy sets out the minimum standards to which all employees of the company must adhere to at all times. Although this Policy is specifically written for the Employees of the company, we expects that all parties engaged or performing work or services for or on behalf of company will comply with it in relevant part when performing such work or services. Employees and such other parties engaged by company or performing work or services for or on behalf of the company shall be known as “Associated Persons”.
Where reimbursements are paid to Other Applicable Persons, employees of the company are to ensure that such payments made are for proper reimbursements and not for reimbursements that can be tied to giving any form of gratification for improper purposes. Companies expects all Other Applicable Persons to have anti-bribery and corruption policies in place within their company organization.
Our company has zero tolerance of Other Applicable Persons who do not conduct themselves in accordance to the principles of the ABC Policy where it brings disrepute or legal implications to company. Any non-compliance with the principles of the ABC Policy by Other Applicable Persons may lead to the review and/or termination of any agreement with such parties.
- Conflict Of Interest
A conflict of interest (COI) is defined as a situation where a person is in charge of taking responsibility or making a decision, and where that person, or a person with a close relationship to them, might benefit unfairly from that position of responsibility or from that decision. In other words, a conflict of interest is a situation in which an individual, or Organization, has competing interests or loyalties. In the case of an individual, the conflict of interest could compromise or appear to compromise their decisions if it is not properly managed.
Employees are required to conduct themselves at all times in accordance with good professional judgment for the sole benefit of company and in such a manner as to not create a conflict of interest or appearance of such conflict.
A conflict of interest exists when an employee’s duty to give individual loyalty to company can be prejudiced by actual or potential benefit from another source. An employee should refrain from entering into any particular transaction or establishing any relationship with others if the employee’s duty of loyalty and diligence to company is or may be impaired.
Please refer DON’T criteria as below: –
- Hiring an unqualified relative to provide services to the company
- Starting a company that provides a similar nature of business or/ and services as full time employer
- Failing to disclose that you’re related to a job candidate the company is considering hiring
- Making arrangements to work for a vendor or client at a future date while continuing to do business with them
- Posting to social media about the company’s weaknesses
- Offering paid services on your time off to a company’s customer or supplier
- Working part-time at a company that sells a competing product or service as full-time employer
- Accepting payment from another company for information about the employer
- Failing to investigate a subordinate or coworker’s wrongdoing because they are a friend
- Sharing confidential information about your employer with a competitor
- Making a purchase or business choice to boost a business that you have a stake in
- Accepting a favor or a gift from a client above the amount specified as acceptable by the company
- Owning part of a business that sells goods or services to employer
- Doing business or work for a competitor
- Accepting consulting fees and providing advice to another company for personal gain
- Sharing information in an interview about employer’s activities or plans
- Taking advantage of confidential information learned on the job for own benefit
- Cashing in on a business opportunity that company might have pursued
All employees are under all these situations involving either actual or potential conflicts of interest, whenever such situations may arise. If company determines that a conflict of interest or appearance of such conflict exists, the employee may be asked to correct or remedy the situation immediately. Depending on the circumstances, an employee may be subject to discipline, up to and including termination, for having engaged in conduct, which constitutes a conflict, or for failing to disclose promptly a situation involving an actual or potential conflict of interest.
- Dealing with Public Officials
“Public Officials” includes a person who works for or is an agent of a government owned or government-controlled entity. This includes elected and appointed officers or employees of national, municipal or local governments (including individuals holding legislative, administrative and judicial positions), officials of political parties and candidates for political offices, employees of government or state-controlled companies and Government-Linked Companies (“GLCs”).
Dealing with Government/ Public Officials require particular care and consideration because a Government / Public Officials is in a position of influence and could use this influence in relation to the contract or the contract could affect decision making in their official role. You must exercise more caution when working with Government/ Public Officials due to strict local and international laws that govern the interface between the private and public sectors. Offering a gift or hospitality to a Government/ Public Officials is considered a “red flag” situation as it creates a negative perception of bribery and corruption, and Directors and Personnel are encouraged to exercise extra care and judgment to ensure the gift hospitality does not create a conflict of interest between you, the Group and the official, and is not perceived as being used for corruption.
Please ensure DON’T criteria below:-
- Do not be too complacent with certain public officials or local customs that you might think you are familiar with. Do not fail to check that there are no changes to local laws or company policies.
- Do not approve any requests by the public official to transfer the gift or entertainment to his family members or friends that are not authorized to accept the gift or entertainment. Doing so might be perceived as bribery even with the least strict of laws or policies.
- Do not offer to provide gifts, entertainment or hospitality that are illegal or unduly dangerous, indecent, sexually oriented or disrespectful.
- Do not act on your own accord when providing entertainment to public officials. Always consult your Head of Department/Division, HRM or Legal Department.
- Do not conceal, alter, destroy or otherwise modify any documentation that relates to entertainment or corporate hospitality accorded to public officials.
- Sponsorships & Donations
Sponsorships are generally related to a particular product or event like Founders Day or a football tailgate. Sponsorship money is intended to underwrite the total or partial cost for producing said product or event. In return for the money given through a sponsorship, the sponsor (typically a corporate entity) will receive recognition opportunities in accordance with pre-determined sponsorship levels. Sponsorships are viewed as a charitable gift and are tax-deductible (minus the value of any tangible benefits received in connection with the sponsorship).
Donations are also are meant to underwrite or support a particular event, initiative, or in some cases, a product. The entity giving the gift (typically a graduate or corporate entity) may receive media acknowledgement of their gift (some entities do not want acknowledgement and prefer to remain anonymous). The acknowledgement does not promote a company, product, or service; rather, it simply acknowledges that a gift was made by that entity in support of the particular endeavor. Charitable gifts are tax-deductible.
As set out in the ABC Manual, employees must ensure that all sponsorships and donations are not used as a subterfuge for bribery or used to circumvent, including in particular, the prohibition on bribery.
CENTRIONICS employee needs to be certain that donations to local or foreign-based charities beneficiaries are not disguised illegal payments to government officials, and must ensure that the charity does not act as a conduit to fund illegal activities in violation of international anti-money laundering, anti-terrorism and other applicable laws.
Promotional expenditure should seek to improve the image of the Company as commercial organization to better present its products or services or establish cordial relations. The provision of promotional items such T-shirts, calendars, pens and other such similar items of modest value is permissible. Any other promotional expenditure (including Sponsorship) must be reasonable and proportionate and the prior approval from CENTRIONICS Management.
In accordance with CENTRIONICS’s commitment to contribute to the community coupled with its values of integrity and transparency, all sponsorships and donations must comply with the following:
- ensure such contributions are allowed by applicable laws
- obtain all the necessary internal and external authorizations
- be made to well established entities having an adequate organizational structure to guarantee proper administration of the funds
- be accurately stated in the company’s accounting books and records
- not to be used as a means to cover up an undue payment or bribery
- Donations or Sponsorship must not be made or offered in conjunction with, as part of or in relation to any bid, tender, contract renewal or prospective business relationship.
Examples of red flags to look out for are as follows:
- The proposed recipient/organization has affiliations with a Public Official or their relatives are involved
- The contribution is made on behalf of a Public Official
- There is a risk of a perceived improper advantage for CENTRIONICS
- The proposed recipient is based in a high risk country, the request comes from a high risk country or the activity takes place in a high risk country
CENTRIONICS requires employees to use good judgment and common sense in assessing the requests. When in doubt, employees should seek further advice from CENTRIONICS Anti-Bribery and Corruption Committee. (Appendix 1)
A whistle blower is a person, who could be an employee of a company, or a government agency, disclosing information to the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, integrity, bribery and etc.
CENTRIONICS is committed to the highest standards of integrity, openness and accountability in the conduct of its business and operations. It aspires to conduct its affairs in an ethical, responsible and transparent manner.
Recognizing the abovementioned values, CENTRIONICS provides an avenue for all employees of CENTRIONICS and members of the public to disclose any improper conduct within CENTRIONICS.
Employees can disclose any improper conduct (misconduct or criminal offence) through CENTRIONICS’s established internal channels. Such misconduct or criminal offence includes the following:
- Abuse of Power;
- Conflict of Interest;
- Theft or embezzlement;
- Misuse of Company’s Property; and
- Non Compliance to Procedure.
The above list is not exhaustive and includes any act or omissions, which if proven, will constitute an act of misconduct under CENTRIONICS’s HR Policy or any criminal offence under relevant legislations at the material time.
Protection to Whistleblower
A whistleblower will be protected and confidentiality of the identity, to the extent reasonably practicable. In addition, an employee who whistle-blows internally will also be protected against any adverse or detrimental actions for disclosing any improper conduct committed or about to be committed within CENTRIONICS, to the extent reasonably practicable, provided that the disclosure is made in good faith. Such protection is accorded even if the investigation later reveals that the whistleblower is genuinely mistaken as to the facts and the rules and procedures involved.
Any anonymous disclosures will not be entertained. Any employee or members of the public who wishes to report any improper conduct is required to disclose his identity to the Company in order for the Company to accord the necessary protection to him. However, the Company reserves its right to investigate into any anonymous disclosure.
Process of Making Disclosure
Please refer www.centrionics.com to find the whistleblowing link
All records should be forwarded to email@example.com
When in doubt please consult your HRA or Compliance Department
APPENDIX 1- ABCC Organization Chart
APPENDIX 2- Gift Declaration Form