Anti-Bribery & Anti-Corruption
1. INTRODUCTION
This Anti-Bribery and Corruption Policy (“the Policy”), which has been developed as part of the Network Alliance Technology Sdn. Bhd. (“NATSB”) initiative to have a clear and unambiguous policy statement on the Company’s position with regard to zero tolerance policy against all forms of bribery and corruption, forms the cornerstone of an effective integrity management system. This policy is a respond to the Malaysian Anti-Corruption Commission’s (MACC) corporate liability law which became effective as of June 1, 2020.
2. OUR COMMITMENT
Network Alliance Technology Sdn. Bhd. is committed to conducting business dealings with integrity. This means avoiding practices of bribery and corruption of all forms in the Company’s daily operations.
NATSB 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 penalised even if such refusal may result in losing business.
The Policy leverages on the values and core principles set out in the Code of Business Ethics. 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 NATSB’s overall position on bribery and corruption in all its forms.
3. ANTI-BRIBERY AND CORRUPTION POLICY
3.1. Bribery and corruption in all its forms as it relates to NATSB’s activities is prohibited.
3.2. Bribery and corruption may take the form of anything of value, such as money, goods, services, property, privilege, employment position or preferential treatment NATSB personnel and its business associates shall not therefore, whether directly or indirectly, offer, give, receive or solicit any item of value, in the attempt to illicitly influence the decisions or actions of a person in a position of trust within an organisation, either for the intended benefit of NATSB or the persons involved in the transaction.
3.3. This anti-bribery and corruption statement applies equally to all NATSB business dealings with commercial (‘private sector’) and Government (‘public sector’) entities, and includes their directors, personnel, agents and other appointed representatives. Even the possible appearance of bribery or corruption is to be avoided at all times, in particular when dealing with Government officials.
3.4. Employee will not be penalised, suffer demotion, or other adverse consequences in retaliation for refusing to pay or receive bribes or participate in other illicit behaviour.
3.5. NATSB is also committed to conducting due diligence checks on prospective employee, particularly as it relates to appointments where a more than minor bribery or corruption risk has been identified.
4. DONATIONS, GIFTS AND ENTERTAIMENT
4.1. All employees are prohibited from receiving or asking for (soliciting) gifts, hospitality or entertainment from internal or external parties. Under no circumstances may NATSB employee accept gifts in the form of cash or cash equivalent, including gift certificates, loans, commissions, coupons, discounts or any other related forms.
4.2. The only form of gift-giving allowed to external parties is a corporate gift. Any gift giving or event of hospitality should always be of moderate and reasonable value and must fulfil the following conditions:
a) They are limited, 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.
e) There must not be any corrupt / criminal intent involved
f) The giving out of the gift and hospitality must be done in an open and transparent manner
4.3. Donations and gifts are permitted if received prior permission from the Company. However, the Company prohibits the giving and receiving of any gratification, gifts, hospitality or entertainment to persons for improper purposes, related with the Company’s business in their personal capacity.
5. FACILITATION OF PAYMENTS
5.1. NATSB has a strict policy of disallowing the use of facilitation payments in its business. Facilitation payment is a payment or other provision made personally to an individual in control of a process or decision. It is given to secure or expedite the performance of a routine or administrative duty or function.
5.2. Only in the event that an employee’s security is at stake is it permitted to make the payment. The employee must immediately report the incident to their Head of Department and Management to record the details and keep a record of what was spent.
6. RECRUITMENT, PROMOTION AND SUPPORT OF EMPLOYEE
6.1. NATSB values the integrity in its employee and associates. The Company’s recruitment, training, performance evaluation, remuneration, recognition and promotion for all employee, including management, shall be designed and regularly updated to recognize the highest integrity.
6.2. NATSB will not engage prospective employee in return for their having improperly favoured the Company in a previous role.
7. ROLES AND RESPONSIBILITIES OF EMPLOYEES
7.1. All NATSB employees (including its directors, and directors and employees of its controlled organisations) are required to carry out those responsibilities and obligations relating to the Company’s anti-bribery and corruption stance, alongside those already in existence, which includes the following:
- Be familiar with applicable requirements and directives of the policy and communicate them to subordinates;
- Be alert to indications or evidence of possible violations of this policy;
- Always raise suspicious transactions and other “red flags” (indicators of bribery or corruption) to immediate superiors for guidance on the next course of action;
- Promptly report violations or suspected violations through appropriate channels;
- Attend anti-bribery and corruption training as and when required by the Company according to position;
- Do not misuse NATSB’s name or position in the Company for personal financial gain.
7.2. During an active or anticipated procurement or tender exercise, employee participating in the exercise in any way whatsoever, shall not:
- receive gifts or hospitality or any kind from any external party participating, planning to participate, or expected to participate, in the procurement or tender exercise;
- provide anything other than a corporate gift and token hospitality to any external/third party related to the exercise;
- be involved in any discussions regarding business or employment opportunities, for personal benefit or for the benefit of a business associate;
- abuse the decision-making and other delegated powers given by the top management; and
- bypass normal procurement or tender process and procedure.
7.3. When dealing with external parties in a position to make a decision to NATSB’s benefit (such as a Government official or client), NATSB employees shall not:
- provide, 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;
- participate in any discussions regarding business or employment opportunities, for their own personal benefit or for the benefit of the external party;
- abuse the decision-making and other delegated powers as provided by the top management, in order to illicitly secure an outcome which would be to the commercial advantage to themselves and/or the Company; and
- exert any form of improper influence to obtain personal benefits from themselves.
7.4. All NATSB employees 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 employee’s employment
8. CONFLICTS OF INTEREST
8.1. Situations of conflicts of interest may arise in occasions where an employee interest that could be considered to have potential interference with objectivity in performing duties or exercising judgment on behalf of the Company. It’s advisable that all employees should avoid such situations in which personal interest could conflict with their professional obligations or duties. Employees must never use their position, official working hours, Company’s resources and assets, or information available to them for personal gain or to the Company’s disadvantage.
8.2. In situations where a conflict of interest does occur, employee are required to declare the matter to the Company immediately.
9. REPORTING OF POLICY VIOLATIONS
9.1. The Company will established and maintained reporting channels for receiving information regarding violations of this policy, and other matters of integrity provided in good faith by NATSB employee and/or external parties.
9.2. Reports made in good faith, either anonymously or otherwise, shall be addressed in a timely manner and without incurring fear of reprisal regardless of the outcome of any investigation.
9.3. Retaliation in any form against any employee where the person has, in good faith, reported a violation or possible violation of this policy is strictly prohibited. Any NATSB employee found to have deliberately acted against the interests of a person who has in good faith reported a violation or possible violation of this policy shall be subjected to disciplinary proceedings including demotion, suspension, dismissal or other actions (including legal action) which NATSB may pursue.
10. COMPLIANCE AND REVIEW
10.1. All employees of the NATSB are responsible in ensuring that they always comply with all the local laws and regulations, in particular, to the Malaysian Anti-Corruption Commission Act 2009. No excuses or exceptions will be acceptable for non-compliance of any domiciled laws and regulations where the Company conducts its businesses.
10.2. The Company and its Board of Directors will be monitoring compliance with the Policy. There is no tolerance or excuse for non-compliance with the Policy.
10.3. The Policy will be reviewed from time-to-time, and at least once every FOUR (4) years to ensure that it continues to remain relevant, appropriate and effective in the enforcement of the principles herein and to ensure continued compliance with the prevailing law and regulations to match the bribery and corruption related risks faced by the Company.
10.4. NATSB endeavours to impact the business environment where it operates. This includes extending its integrity programme to non-controlled business associates such as suppliers and contractors, seeking to work with companies who have a similar commitment and supporting initiatives in the private and public sectors which are likely to improve the integrity of its operating environment.
