Anti-Bribery & Anti-Corruption Policy
ANTI-BRIBERY & ANTI-CORRUPTION POLICY & SOP – SECTION 17A of MACC ACT
This Anti-Bribery & Corruption Policy is to further enforce the Sonofax Sdn Bhd (Part of Tele-Paper Group) Code of Conduct & Business Ethics to ensure that employees understand their responsibilities and comply with the Sonofax’s anti-bribery and corruption policy within the organisation.
a. This Anti-bribery Policy shall apply to all directors, managers and employees of the TP Group in dealing with external parties in the commercial context.
b. Managers and supervisors of all levels have additional responsibilities under the Anti-bribery Policy and are held to a higher standard of compliance. They are required to create and maintain an open environment that is comfortable for employees to ask questions, raise concerns and report misconduct.
c. All employees of the TP Group must refrain from any acts of bribery which takes the form of offering, promising, giving, demanding or receiving anything of value to anyone in the form of bribes, kickbacks and/or any other improper gratification (including gifts, hospitality and entertainment) to improperly influence the outcome of any transaction, whether it is for their own personal benefit or for the benefit of the TP Group.
d. The TP Group strictly does not tolerate any bribes given for purposes of obtaining or retaining business for TP Group or provides an advantage to the businesses of the Group. The TP Group does not tolerate any such acts of bribery even in a personal capacity.
e. Any employee of TP Group that breaches any of the Anti-bribery Policy may fall within the scope of serious misconduct and may be subjected to disciplinary action, up to and including dismissal.
2.1. “Corruption” is defined as abuse of position for personal gain or misuse of position to help others to improperly enrich themselves.
Bribery is the most common form of corruption and it can be broadly described as the offering, promising, giving, accepting or soliciting of an advantage as an inducement of any action which is illegal or a breach of trust in order to gain personal or other advantage. It can be in the form of cash or other forms including non-cash, gift, lavish entertainment or hospitality, loans, fees or other reward or benefit. Bribery does not have to be directly given or received by an employee, but it can also be given or received by anyone related to the employee that is beneficial, of value or advantageous to the employee
2.2 Bribery can be subdivided into the following categories (without limitation to):-
2.4. “Hospitality” includes providing meals, refreshment, travel, transportation, lodging, as well as entertainment in the context of conventional, cultural and sporting events.2.3. “Gifts” can be in the form of goods or services, including anything that can be of value to the person receiving it. Examples of these can be free travel trips, tickets for any cultural, entertainment or sporting events, and payment of loan, school fees or medical expenses.
2.5. “Public officials” are defined as any person who is a member, an officer, an employee or a servant of a public body (government).
2.6. Policies pertaining to these definitions will be further discussed in their respective clauses below.
3.1. When dealing with public officials, employees of the TP Group should ensure that any giving or receiving of gifts do not relate to, in any form whatsoever, the public official’s official dealings or public duty. Our Personnel and Business Partners must not directly or indirectly pay, offer or promise any gratification to any public official, party or their family members as an inducement for or reward for acting improperly. At all material times, employees of TP Group are to ensure compliance with laws of their respective jurisdictions, and the higher standard will be applicable to all employees to avoid non-compliance of any laws on anti-bribery which may be applicable to TP Group as a whole.
3.2. Any hospitality of public officials is (subject to the approval of a director), are for circumstances where it is to reasonably facilitate genuine promotional, business or educational meetings. Any hospitality provided must be without expectation of any influence exerted on the public official in exchange for any commercial outcome, and should always be at a reasonable and modest value.
4.1. In respect of any gifts, hospitality and entertainment in the commercial context:-
a. The intention behind giving or receiving any gifts, hospitality or entertainment must always be considered first. It should never be for an improper motive to obtain or retain a business, or to obtain some form of benefit or advantage, whether it is for the business or for the individual employee;
b. If an employee is unsure of how to consider the intention behind any gifts, hospitality or entertainment offered, the employee must always disclose and refer the matter to the immediate supervisor or head of department (HOD) to obtain advice and also approval before proceeding;
c. All employees of the TP Group are not allowed to give or receive any bribe, benefit, gifts, hospitality or entertainment where it is for an improper purpose and can be deemed as a bribery, regardless of whether it is to benefit the employee individually or to benefit the business of any of the TP Group;
d. An employee must obtain prior clearance and approval from the immediate supervisor and/or head of department before giving or receiving any gifts, hospitality or entertainment to or from any person other than that fall under the policy refer clause 7 and clause 8;
e. Where it is difficult or inappropriate to decline the offer of a gift, hospitality or entertainment (i.e. when meeting with an individual of a certain religion/culture who may take offence), it may be accepted but it must be declared and/or surrendered firstly to the employee’s head of department and the compliance team, to assess the relevant circumstances and take the necessary steps, including returning the gift on the employee’s behalf, where appropriate or required to do so.
4.2. Any gifts, hospitality or entertainment provided by TP Group must always be of moderate and reasonable value and should never be given:-
a. With an intention to exert improper influence or create a perception of expectation for certain outcomes beneficial to the business of TP Group; or
b. Where it causes a conflict of interest.
4.3. All employees of TP Group should not give any bribe, benefit, gifts, hospitality or entertainment to person for improper purposes related with TP Group’s business in their personal capacity.
5.1 Facilitation payments are form of payments made personally to an individual in control of a process or decision to secure or expedite the performance of a routine or administrative duty or function (e.g. influencing the timing of process or issuing of permits). In Malaysia, facilitation payment is illegal. It is seen as a form of corruption. Regardless of whether it is legal in any other country, facilitation payment is strictly prohibited under this Policy.
Employees and business partner should ensure that these facilitation payments are not paid.
6.1. Any donations, sponsorships and charitable contributions by TP Group must be done with the approval of the management or director and it must be done in a transparent manner for social and moral responsibility.
6.2. It should never be paid in exchange for any business implications, whether it is to obtain a business, or to obtain some form of advantage of the business.
6.3. Employees are encouraged to make donations and charitable contributions in their personal capacity, but it should never be in exchange for any improper purposes that affects the business of TP Group.
6.4. All employees of TP Group should not agree or promise to provide any form of political donation or support particularly where it is to obtain any business or advantage. Any requests for political donations should be brought to the attention of the director immediately.
- Giving souvenir / gift when visiting
- Small / simple entertainment and refreshment (e.g: lunch, dinner, light, meal, coffee or tea etc)
- Festive seasonal gift (e.g: Hari raya, Deepavali, Chinese New Year and etc)
- Appreciation gift for lectures and trainings
- Gifts for special occasions (e.g: retirement, marriage, farewell, birth of child, housewarming, condolence / wreath, get well gift and etc)
- Sponsorship (e.g: sponsored to trade associate or annual dinner or sport activities and etc)
Remark: Cash is only limited for special occasions, whenever possible gift in kind is preferred.
The amount must always be of moderate and reasonable value.
- Two or three times in a year to the same person or same company – remove
7.4.1 Exception for Provision of Benefits
Employee shall not provide any gift, benefits and donations to any government authorities or private companies/ officer/ employees, except:
- For gift, benefits and donation that fall under The Policy;
- Otherwise, approval must be obtained from the Director of the company by submitting “Checklist for Provision of Benefits” (Appendix 2), Application Form for Provision of Benefits (Appendix1).
- The life or physical safety may be endangered if such request is not immediately complied with.
8.1 Employee must not receive and demand any benefits from any parties in relation to their employment which can constitutes to taking of a bribe.
8.2 Exception, considering their relationship with the parties, they may engage in receiving of benefits limited only to the following:
Receipt of Benefits (Hospitality)
- Small / simple entertainment and refreshment (e.g: lunch, dinner, light meal, coffee or tea etc.)
- Participation in a business related event (e.g: New Year meetings, farewell parties, seasonal / festival parties and dinner parties, etc) hosted by an associate which has invited many organization.
- Participation in an event hosted by regional body with which an associate has a vague business interest
- Participate in an event hosted by customer/ sales agent/ distributors/ wholesalers/ financial institution which has business dealing
- Business meeting which includes the exchange of necessary information (e.g: meeting with an associate with a business interest such as a supplier)
ii) Not OK
- Drinking alcohol during working hour or moving on to a second party afterwards.
- Playing golf on weekdays
Receipt of Benefits (Gift)
Gift item to employee / company that not result in personal gain:
- Monetary gift from a wedding guest / funeral
- Thank you or welcome gift in return for own hospitality
- Souvenir received as guest at a ceremony occasion
- Complimentary tickets to event (e.g: movie tickets, event tickets, etc)
- Small and inexpensive gift received as an expression of goodwill or courtesy
- Flowers, wreath and condolence money
- Sponsorship for company annual dinner, family day, sport day,etc. (company must issue an official receipt to the benefits provider if received cash sponsorship)
- Seasonal gift for everyone in office (e.g: Hari raya hamper, Chinese new year hamper, moon cake etc)
- Cash and voucher (e.g: gift voucher / coupon, etc) to company or workplace usually for company event or rebate achieve.
Remark: Cash and vouchers (converted into cash) should be recorded in the company’s miscellaneous income and reported to the competent Officer in charge.
ii) No OK (report to HOD if it is unavoidable)
Gift item addressed to employee name delivered to his or her home or company/workplace and might result in personal gain:
- Seasonal gift
- Voucher (e.g: gift voucher, beer coupons, etc)
a) gift (e.g seasonal gift, hamper, etc) should be shared with everyone in office. If the gift address to individual name it should be declare and recorded in Appendix 3.
b) cash and voucher (converted into cash) should be recorded in the Company’s miscellaneous income and reported to the compliance officer in-charge
8.3 After receiving benefits where it is not qualify under “OK” items and unavoidable, employee must report to the HOD and Compliance Team by submitting “Report on Receipt of Benefits” (Appendix 3).
8.4 Employees must also inform the benefit provider that they will decline to receive further benefits in future.
9. 1 Agent means a corporation or individual who provides services, including intermediary, agency, brokerage, etc. of transaction on behalf of TP Group.
9.2 TP Group requires that all employees to confirm the appointment of an Agent are within the scope of the application based on “Report on Appointment of Agent” (Appendix 4). These 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 TP Group.
9.3 Where reimbursements are paid to Agent, employees of the TP Group are to ensure that such payments made are for proper reimbursements and not for reimbursements that can be tied to giving any form of bribe for improper purposes.
9.4 Employees required to submit the results of the confirmation by using “checklist for Appointment of Agent” (Appendix 5) and “Application Form for Appointment of Agent” (Appendix 4) to obtain written approval for entering into an agreement with the Agent.
9.5 Employee to submit “Report on Appointment of Agent” (Appendix 4) after completion of service or once a year if the performance of the services is provided over a long period of time.
9.6 TP Group expects all Agents to have anti-bribery and corruption policies in place within their organisation or part of their work ethics.
9.7 TP Group has zero tolerance of Agents who do not conduct themselves in accordance to the principles of the Anti-bribery Policy where it brings disrepute or legal implications to the Group. Any non-compliance with the principles of Anti-bribery Policy by Agents may lead to the review and/or termination of any agreement with such parties.
10.1. All employees are required to complete and undertake all relevant documentations and processes particularly where it relates to anti-bribery and corruption initiatives.
10.2 Any failure to do so will impact the individual employee’s performance review and, where it is a severe non-compliance, an employee may be subject to further disciplinary action/s. Where the facts and circumstances require, repeated failure to undertake proper record keeping or undergoing compulsory trainings may warrant the dismissal of an employee.
10.3 Prepare Record of accounts and reason regarding and receipt of Benefits (other than entertainment) and must keep such records for a period of ten (10) years.
11.1 All employees and its affiliates are responsible in ensuring that they always comply with all laws and regulations, in particular, to the Corporate Liability Provision under Section 17A of the Malaysia Anti-Corruption Commission (MACC)(Amendment) Act 2018 . No excuses or exceptions will be acceptable for non-compliance of any domiciled laws and regulations where TP Group conducts its businesses
12.1 Conflicts of interest arise where there is personal interest that can be considered to have potential interference with objectivity in performing duties or exercising judgement for or on behalf of TP Group. Our Personnel must avoid situations in which their personal interest would conflict with their duties and responsibilities. Our Personnel must not use their position, official working hours, TP’s resources and assets, or information available to them for personal gain or to TP Group disadvantage.
12.2 In situations where conflict of interest arises, employees are required to immediately declare the matter to their immediate supervisor.
13.1 If an employee suspect, or reasonably believe that Anti-bribery Policy has been, or is being breached, the employee has an obligation to report to his or her Divisional Head.
13.2 All concerns reported will be taken seriously, treated in confidential manner and investigated immediately. Employee anonymity will be protected unless the disclosure is required by law pursuant to an investigation or legislation, but employee may be required to provide a statement as supporting evidence to any investigation. Any retaliation directed against anyone making such report will not be tolerated.
13.3 All reports shall be made in good faith and the report must be legitimate. Anyone who makes any malicious, scandalous or vexatious report, and particularly if they persist with such untrue allegations, they will be subjected to disciplinary actions.
13.4 If employee has any queries or concerns about whether an act might constitute bribery or corruption, please contact their Head of Department (HOD).
14.1 TP Group has established and will continue to maintain a Compliance Team to be responsible for all anti-bribery and anti-corruption compliance matters.
14.2 The Compliance Team is adequately equipped to act effectively against bribery and corruption in the following manner:
(a) provide advice and guidance on anti-corruption compliance programme and issues relating to bribery and corruption;
(b) take appropriate steps to ensure that there is adequate monitoring, measurement, analysis and evaluation of the anti-corruption compliance programme; and
(c) report on the performance of the anti-corruption compliance programme to the management regularly.
14.3 Appropriate resources shall be provided for effective operation of the anti-corruption compliance programme and that the Compliance Team is staffed with persons who have the appropriate competence, status, authority and independence.
15.1 TP Group is committed to making the anti-bribery and anti-corruption effort as a continuous effort to maintain the reputation and standards.
15.2 Internal audits team of Oji Group shall be conducted to monitor, review, improve and assess performance, efficiency and effectiveness of on-going anti-bribery and anti-corruption. The results of any audit, risk assessment, review of control measures and performance shall be reported to the Compliance Team and acted upon accordingly.
15.3 Our employee is encouraged to raise any concerns or inadequacies in the anti-corruption compliance programme to the Compliance Team.
16.1 TP Group regard acts of bribery and corruption seriously and will take appropriate actions in the event of non-compliance of this Policy. For our employee, non-compliance of this Policy may lead to disciplinary action and termination of employment.
16.2 For Business Partners, non-compliance of this Policy may lead to termination of contract and claim for damages.
17.1 This Policy is a public document which shall be communicated to all our Employee and Business Partners. Our Employee and Business Partners must read and understand TP position on anti-bribery and anti-corruption.
17.2 Adequate training on anti-bribery and anti-corruption approach shall be provided to our Employee.
18.1 Effective from the date of this Policy, all our Employee shall confirm that they have read, understood and will abide by this Policy. A copy of this confirmation shall be keep by each employee for reference.
This Policy will be updated, amended or revised from time to time to ensure its adequacy in implementation and enforcements.
A copy of this policy will be store in our company sharing folder. The policy will also be published on our company website to create awareness to our employee and business partner of our practice on Anti-Bribery and Anti-Corruption Act.
1st level of escalation : Head of Department ⇒ Reporting of bribery incident
2nd level of escalation : Compliance member ⇒ Submit complete documentation on Bribery incident
3rd level of escalation : Head of compliance ⇒Decision on bribery incident
Approval : Head of Compliance and Managing Director ⇒ Approval