Anti - Bribery And Corruption Policy & Guidelines
Atlan Holdings Bhd (“AHB”) and its subsidiary companies (“the Group”) are committed to anti - bribery and anti-corruption practices. In line with this commitment, this Policy and Guidelines (“the policy”) aims to provide guidelines to its employees to achieve AHB’s group commitments to anti - bribery and anti-corruption practices.
It will be regularly reviewed to ensure that it reflects any changes in applicable laws and developments in acceptable standards for the conduct of business. AHB is committed to maintaining the highest ethical standards and vigorously enforces the integrity of its business practices wherever it operates. This policy and guidelines reflect the Group’s wish to embed a culture of best practice in anti-bribery and anti-corruption measures, and enforcement of the policy will reduce the risk that the company or any employee will be subject to legal liability or reputational damage.
2.1 This policy is applicable to AHB, its controlled organizations, business associates acting on AHB’s behalf, the Board of Directors and all AHB personnel.
Bribery and corruption in all its forms as it relates to AHB’s activities is prohibited. AHB and its Group and its employees are:
• Prohibited from offering, promising or paying a bribe of any kind;
• Prohibited from soliciting, accepting or receiving a bribe of any kind;
• Prohibited from giving or offering anything of value to a public official;
• Required to comply with the company’s guidelines and authorisation levels in relation to the giving and receipt of gifts;
• Prohibited from making facilitation payments; and
AHB and its Group and its employees and any third party acting on AHB’s behalf must not provide, offer or accept bribes, kickbacks, corrupt payments, facilitation payments, or inappropriate gifts, to Government Officials or any commercial person or entity, regardless of local practices or customs.
AHB and its Group will not tolerate any act of bribery or corruption. Any breach of this policy or local law could result in disciplinary action being taken and ultimately could result in dismissal.
A bribe does not actually have to take place - just promising to give a bribe or agreeing to receive one is prohibited. Bribery is prohibited when dealing with any person whether they are in the public or private sector and the provisions of this policy are of general application.2.2 AHB and its Group and its employees and any third party acting on AHB’s behalf must comply with all applicable anti-bribery laws and regulations, including, but not limited to, the Malaysian Anti-Corruption Commission Act (MACC Act)
The MACC Act covers the following conduct:▪ the giving and accepting gratification;
▪ the giving or accepting gratification by an agent;
▪ corruptly procuring the withdrawal of a tender;
▪ bribery of an officer of a public body;
▪ bribery of foreign public officials;
▪ using an office or position for gratification; and
▪ dealing with, using, holding, receiving or concealing gratification or advantage in relation of any offence under the MACC Act.
The expression “gratification” under the MACC Act includes –▪ money, donation, gift, loan, property, financial benefit or other similar advantage;
▪ any office, dignity, employment, contract of services;
▪ any payment, release or discharge of any loan, obligation or other liability;
▪ any discount, commission, rebate, bonus or percentage;
▪ any forbearance to demand any money or money’s worth or valuable thing;
▪ any favour of any description, including protection from any penalty or proceedings of a disciplinary or criminal nature or forbearance from the e xercise of any right, power or duty; and
▪ any offer or promise of any gratification within the meaning of any of the preceding items.
AHB and its Group shall not be held responsible for any acts or conducts committed by its employees or agents in respect of the above Act due to his/her non-compliance to this policy.2.3 Payments and Gifts to External Parties
2.3.1 Payments to External Parties
Other than in the circumstances outlined in the Gifts section below, AHB and its Group and its employees are not allowed to directly or indirectly ts Group and its employees in an attempt to influence them in their business dealings with any member of the AHB and the Group.
AHB and its Group and its employees and their spouses or dependents are not allowed to directly or indirectly solicit or accept payments, in cash or in kind, from any party or person having business dealings with any member of the AHB and its Group for the purpose of influencing individuals to confer benefits or reach favourable decisions.2.3.2 Gifts and Entertainment
As a general rule, AHB and its respective Group and its employees should not accept presents or gifts. However, under certain circumstance, gifts ollowing guidelines apply:
i) All gifts other than (ii) below received by AHB and its Group and its employees from the external parties must be declared to the head of department (HOD).
ii) As a general rule, festive-related gifts and promotional gifts are acceptable provided that the cost is reasonable, provided that
a) They are limited in monetary value, customary and lawful under the circumstances;
b) They do not have or are perceived to have (by either the giver or the receiver), any effect on actions or decisions.
c) There must be no expectation of any specific favour or improper advantages from the intended recipients;
d) The independent business judgment of the intended recipients must not be affected; and
e) There must not be any corrupt / criminal intent involved.
The Company prohibits the giving and receiving of donations and sponsorships to influence business decisions. All gifts given to external parties should be declared to HOD.2.4 Charitable donations
As part of AHB and its Group corporate citizenship activities, AHB and its Group may support local charities or provide sponsorship, for example, to sporting or cultural events. Any such sponsorship must be approved by the Director of the relevant Group of companies or Corporate Head Office.2.5 Business relationships
AHB and its Group expects its business partners to approach issues of bribery and corruption in a manner that is consistent with the Guidelines set out in this policy. This requirement applies to agents, subcontractors and joint venture partners.
3.1 It is the responsibilities of all employees, officers and directors of the company to prevent, detect, report any bribery and other forms of corruption.
3.2 HOD is responsible for ensuring their subordinates are fully informed of this policy and guidelines requirements and for adopting and enforcing appropriate controls to ensure compliance with this Policy and Guidelines.
4.1 All AHB staff shall certify in writing that they have read, understood, and will abide by this policy. A copy of this declaration shall be documented and retained by the Human Resources Department for the duration of the staff’s employment Staff shall annually declare that they are aware, understand and abide by this policy. A sample declaration can be found in the Appendix of this Policy and Guidelines.
4.2 In addition, under circumstances of suspicious behaviour, allegations and/or investigations relating to bribery or corruption, Group Risk Assessment and Group Human Resources reserves all rights to request the relevant Employee to declare information regarding assets owned as deemed necessary.5. AWARENESS AND TRAINING
To conduct awareness programs for all Employees to refresh awareness of antibribery and anti-corruption measures, and to continuously circulate materials/articles about integrity and ethics.
This includes the online training, assessment and attestation. In addition, to provide anti bribery and anti-corruption training toa. New recruits; and
b. Employees promoted / transferred to Exposed Positions.
c. ARA Dept. may at any time recommend that certain trainings be repeated to any Employee / Group of Employees in any operating unit / Region if deemed necessary based on circumstantial requirements.
d. Group Human Resources shall maintain all records of trainings in collaboration with Group Compliance & Integrity.
6. PROCEDURES IN THE EVENT A BRIBERY IS SUSPECTED TO HAVE OCCURED
6.1 If there is any doubt on any malpractice act/transactions or suspecting a company’s employee is engaged in bribery, corruption, fraud or any other unacceptable or unethical conduct, staff are encouraged to raise concerns at the earliest possible stage.
If staff are unsure whether a particular act constitutes bribery or corruption, or if they have any other queries in case of uncertainty about how to apply this Policy and Guidelines, these should be raised to the HOD or HRA Manager and Director of the relevant Group of companies depending on its feasibility.
It is important that staff tells immediately if they are offered a bribe by a third party, are asked to make one, suspect that this may happen in the future, or believe that they are a victim of another form of unlawful activity.
6.2 To provide information on bribery and corruption offences. The following key points MUST be highlighted to ensure quality of the information:▪ When (date & time)
▪ Where (location/address)
▪ Who (individuals involved/witnesses)
▪ What (description of the transaction/act)
▪ Why (reasons leading to the transaction)
▪ How (method/mode of transaction)
To include contact details of the complainant e-mail or contact number.
6.3 The information will be screened to identify whether it can be acted upon/investigated by HOD or HRA Manager and Director of the relevant Group of companies (where applicable). For explanation purpose, HOD will be used as the reporting point.
6.4 Upon screening, the selected information will be forwarded to the HRA Manager and Director of the relevant Group of companies for information evaluation.
6.5 Any employee who commits a breach of this policy and guidelines or commits or any act of misconduct in bribery, corruption, fraud or any other unacceptable or unethical conduct shall be subject to disciplinary action that may warrant summary dismissal and termination.
6.6 Depending on the nature of incidents of bribery and corruption, reporting to authorities or regulatory bodies may be required. Such reporting shall be coordinated by HRA Manager.7. FLOWCHART
8. QUALITY RECORD
All documents/records/reports related to Anti - Bribery and Corruption incidents are to be kept by HRA Department for at least 7 years9. REFERENCES
Employees Handbook10. ATTACHMENT
Code of Conduct Ethics
Malaysian Anti-Corruption Commission Act (MACCA) 2009
Staff Declaration Form11. REVIEW OF THIS POLICY
The Company reserves its rights to amend or modify this Policy, in whole or in part, at any time without assigning any reason whatsoever. Modification may be necessary, among other reasons, to maintain compliance with laws and regulation and / or accommodate organizational changes within the Company or Group. However, no such amendment or modification will be binding on the employees unless the same is circulated to the employees in writing or electronically.