ANTI-BRIBERY & ANTI-CORRUPTION POLICY
1. INTRODUCTION & PURPOSE
We, MOG GROUP OF COMPANIES and our subsidiaries (collectively referred to as “MOG”, “Group”, “we”, “us” or “our”) are committed to conduct our business with integrity, trustworthiness and accountability. Our Management continually promotes a culture of integrity within the MOG Group and stresses the importance of a zero-tolerance approach towards bribery and corruption in our actions and decisions, both internally and externally.
The purpose of this Anti-Bribery & Anti-Corruption Policy (hereinafter referred to as “Policy”) is to provide guidance to Directors and Employees (including full time, part-time, probationary, contract and temporary staffs) of the Group (hereinafter referred to as “Directors” and “Employees”) as to how they should be dealing with bribery, corruption and any other related issues that may arise in the course of business. It reiterates MOG’s commitment to ensure full compliance by our Directors and Employees with the Malaysian Anti-Corruption Commission (MACC) Act 2009 (“hereinafter referred to as “MACC Act”), the MACC (Amendment) Act 2018 and any other local anti-bribery or anti-corruption laws that may be applicable.
This Policy sets out the practise of upholding high levels of personal and professional conduct while endorsing the values in the Group’s business dealings and decisions. However, this Policy is not intended to be exhaustive and should be read in conjunction with all existing laws, rules and regulations imposed by the Malaysian Government, as well as our Group’s policies.
2. POLICY STATEMENT
Our Group has adopted a zero-tolerance policy against all forms of bribery and corruption. We are committed to the prevention, deterrence and detection of fraud, bribery and all other corrupt business practices. It is our Group’s policy to conduct all the business activities with honesty, integrity and the highest possible ethical standards and vigorously enforce our good business practices.
“Bribery” – Bribery is defined as any action which would be considered as an offence of giving or receiving ‘gratification’ under the MACC Act. In practice, this means offering, promising, giving, solicitation or the receipt or agreement to receive any financial or other advantage, or any other inducement, or “gratification” (as defined and interpreted under Section 3 of the MACC Act) from any person or company, (wherever they are situated and whether they are a public official or body, or a private person or company) by an individual employee, agent or other person or body acting on another’s behalf. Bribery can take a variety of forms, whether in cash or in kind, can be given or received directly or indirectly through intermediaries, when someone improperly influence or attempts to improperly influence one’s decision or performance of duties.
“Corruption” – Corruption is broadly defined as the abuse of entrusted power for private gain.
This Policy is intended provide the principles and guidelines on how to deal with instances of activities which may constitute bribery and corruption practices.
3. SCOPE AND APPLICABILITY
This Policy applies to all Directors and Employees of the Group.
This Policy should also apply to agents, business associates, consultants, contractor, customers, distributors, joint venture partners, sponsors, suppliers, volunteers, the government, public bodies, any third-party and any other person associated with our Group. Any arrangements our Group makes with a third party is subjected to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures that is set out in this Policy.
Each Director of Employee as well as persons associated with our Group must read and understand the Policy. Violation of any of the Policy’s provisions may lead to disciplinary actions, including termination of employment and / or business dealings. Further legal action may also be taken in the event that the Group’s interests have been compromised.
This Policy has been established in line with Section 17A of the MACC (Amendment) Act 2018 which provides that a commercial organisation commits an offence if a person associated with the commercial organisation (such as its directors or employees) commits a corrupt act (corruptly gives, agrees to give, promises or offers to any person any gratification) whether for the benefits of that person or another person with intent to obtain or retain business or an advantage in the conduct of business for the commercial organisation.
The penalty for an offence under Section 17A (1) of the MACC Act is a fine of not less than 10 times the sum or value of the gratification or One Million Ringgit (RM 1,000,000.00) whichever is higher, or imprisonment for a term not exceeding 20 years or both.
If a commercial organisation is charged with an offence under Section 17A (1) of the MACC Act, it is a defence to such corporate liability offence if the commercial organisation can show that it had adequate procedures in place to prevent persons associated with the commercial organisation from carrying out the corrupt act.
Thus, Directors, Employees and any other person or persons associated with our Group (including third parties) have a duty to: –
- Read and understand this Policy in order to be familiar with the applicable requirements and directives as per this Policy; and
- Raise and report suspicious transactions, violations or suspected violations of this Policy to their immediate superior or HOD. If notifying the immediate superior or HOD is not possible or inappropriate for any reason or is not in the best interest of the Group, the Directors and Employees can raise their concerns via MOG’s Whistleblowing Policy.
5. GUIDANCE ON COMMON FORMS OF BRIBERY AND CORRUPTION
5.1 GIFTS, ENTERTAINMENT, AND CORPORATE HOSPITALITY
Our Group prohibits both the acceptance and provision of Gifts, Entertainment and Corporate Hospitality (collectively referred to as the “Benefits”) to influence business decisions and / or to obtain retail business or secure an unfair advantage in any business transaction.
No Benefits shall be offered to or solicited from other stakeholders who deal with the Group in connection with their official duties if this would influence any business decision and / or give rise to the appearance of impropriety or bias that would damage the reputation of the Group.
For the avoidance of doubt, this Policy does not prohibit normal business courtesies such as meals and entertainment, occasional token gifts and customary gifts during festivals, special occasions or social events, as long as they are reasonable, appropriate, modest and bona fide corporate courtesies.
Infrequent and moderate business meals and entertainment with clients and infrequent invitations to attend local social events and celebratory meals with clients can be appropriate aspects of promoting good business relationships, provided that they are not excessive and do not create the appearance of impropriety.
Directors and Employees must make use of good judgement, discretion and moderation when giving or accepting such courtesies in business settings and must comply with all applicable laws, rules and regulations in countries that the Group operates.
5.1.1 NO-GIFT POLICY
a. Our Group adopts a “No-Gift Policy” whereby all Directors and Employees shall not solicit or accept any gifts from any third party who may have direct or indirect business interest with our Group.
b. Our Group requires all Directors and Employees to abide by this Policy in order to avoid conflict of interests between MOG and the external parties as a gift can be seen as a bribe that may tarnish the Group’s reputation or be in violation of anti-bribery and corruption laws.
c. The exception to the above would be fruits, flowers, token gifts or promotional items (such as diaries, pens, umbrellas, shirts, etc.) with an approximate or actual value of less than One Hundred and Fifty Ringgit (RM150) (the recipient must properly estimate the value of such gift). Hampers of any value may be shared amongst team members or be placed in the common area or pantry for Employees’ consumption. In such a case, the staff could choose to accept the item without having to make a declaration under the “Gifts, Entertainment and Corporate Hospitality Declaration” Form.
d. Any gifts that violate the “No-Gift Policy” must be declined or returned with an explanation note from the Directors or Employees thanking the third party for the gift and the Group’s “No-Gift Policy” shall be politely brought to the attention of the sender.
5.1.2 RECEIVING GIFTS
a. Our Group is very much aware that in certain culture or situations, gifts are given as a form of business etiquette. Despite acknowledging our “No-Gift Policy”, some external parties may insist to provide gifts to our Directors or Employees.
b. In the event where Directors or Employees are unable to decline or return a gift with an approximate or actual value of One Hundred and Fifty Ringgit (RM150) and more, the Directors or Employees must declare it via the “Gifts, Entertainment and Corporate Hospitality Declaration” Form, and surrender such gift to our Management. Subject to due considerations by the Management, the Management will have the right to decide on the following:
I. To donate the gift to charity; or
II. To register it as a company property to be used publicly by all Employees; or
III. To designate it as a display item; or
IV. To share it with other Employees; or
V. To retain all the gifts and consume later as lucky draw items during the company’s event; or
VI. To permit it to be retained by the Directors or Employees.
c. The exception to the above is for meals provided or paid for by a third party. In such cases, the Directors or Employees could accept the meal provided or paid for by a third party regardless of value but they must declare it via the “Gifts, Entertainment and Corporate Hospitality Declaration” Form.
d. All declarations must be submitted (with the Employee’s and superior’s signature) to the Corporate Affairs Department as follows: –
• with gift, including entertainment and corporate hospitality : IMMEDIATELY.
• without gift, including entertainment and corporate hospitality : HALF YEARLY.
Note: Directors or Employees who Benefits during business trips will have to submit the “Gifts, Entertainment and Corporate Hospitality Declaration” Form upon their return to office.
e. Should any dispute pertaining to this policy arise, the matter shall be referred to and resolved by the Management. The subsequent decision made by the Management will be final.
5.1.4 PROVIDING GIFTS
a. Generally, Directors and Employees are not allowed to provide gifts to third parties unless expressly permitted by the Management or any other personnel authorised by the Management. Gifts distributed are generally corporate gifts given as common business courtesy or during corporate events.
b. All gifts expenses incurred must be properly kept, documented and recorded by the respective department for audit purposes.
c. There are situations whereby receiving and provision of gifts are permitted. The situations are as follows: -：
I. Exchange of gifts at a company-to-company level (e.g. gifts exchanged between companies as part of an official company visit/courtesy call and thereafter said gift is treated as company property);
II. Gifts from company to external institutions or individuals in relation to the company’s official functions, events and celebrations (e.g. commemorative gifts or door gifts offered to all guests attending the event);
III. Gift from our Group to Directors and Employees and / or their family members in relation to an internal or externally recognised company functions, event and celebration (e.g. in recognition of a staff’s/director’s service to the company);
IV. Token gifts of nominal value normally bearing our Group’s logo (e.g. t-shirts, pens, diaries, calendars or other small promotional items) or gifts that are given out equally to members of the public, delegates, customers, partners and key stakeholders attending events (such as conferences, exhibitions, training, trade shows and is deemed to be a part of the Group’s brand building or promotional activities); and
V. Gifts to external parties who have no business dealings with our Group (e.g. monetary gifts or gifts in-kind to charitable organisations).
5.1.5 PROVIDING CORPORATE HOSPITALITY AND ENTERTAINMENT
a. Our Group recognises that providing modest corporate hospitality and entertainment is a legitimate way of building business relationships and a common practise within the business environment to foster good business relationships with third parties. As such, eligible Directors and Employees are allowed to provide corporate hospitality and entertainment to third parties as part of the Group’s plan to network as well as a measure of goodwill towards the recipients.
b. Directors and Employees should always bear in mind that this is an area where perception is often regarded as more important than facts and therefore, they should always exercise proper care and judgment when providing corporate hospitality and entertainment to third parties especially when it involves public officials to ensure compliance with anti-bribery and anti-corruption laws.
c. Directors and Employees are strictly prohibited from providing or offering to provide corporate hospitality and entertainment with a view to improperly cause undue influence on any party in exchange for future benefits. Any acts of this nature, whether provided directly or indirectly or through an intermediary, may be construed as an act of bribery.
d. Directors and Employees are required to comply with the Group’s policies and procedures, while maintaining expenses within the entitlement limits when providing corporate hospitality and entertainment. The Management’s approval prior to the event must be obtained if entitlement limits is expected to exceed the limit set by the Group.
e. All expenses incurred when providing corporate hospitality and entertainment must be properly kept, documented and recorded for audit purposes.
5.1.6 DEALING WITH PUBLIC OFFICIALS
a. Public officials are individuals exercising public functions or is acting in a public capacity, and shall include any of the following:
I. Yang Di-Pertuan Agong, Yang Dipertua Negeri, Sultan, Raja Muda, and Tengku Mahkota;
II. An official or employee of any government, or any agency, statutory body, ministry or department of the government (of any level);
III. Police, military and judicial official (of any level);
IV. Member of Dewan Undangan Negeri and Dewan Negara;
VI. Member of Parliament;
VII. Any individual acting in an official capacity for a government (of any level);
VIII. Official or employee of a company/an enterprise wholly or partially state-owned (of any level);
IX. A political party or official of a political party (of any level); and
X. A candidate for political office.
b. Public officials include immediate family members, close associates and companies related to such individuals in their capacity as directors, members of management or beneficial owners.
c. Family members are individuals who are related to a public official either directly (consanguinity) or through marriage. A family member of public officials includes his/ her parents, siblings, spouse, children, and spouse’s parents (biologically and non-biologically).
d. A close associate is any individual closely connected to a public official, either socially or professionally.
e. An individual who is closely connected to a public official may include the public official’s:
I. extended family members, such as relatives (biological and non-biological relationship);
II. financially dependent individuals (i.e. persons salaried by the public official such as drivers, bodyguards, secretaries);
III. business partners or associates;
IV. prominent members of the same organisation as the public official;
V. individuals working closely with the public official (i.e. work colleagues); or
VI. close friends.
f. Any business relationship with the Group involving interests of a public official who otherwise has a direct relationship with our Group, and which interests are not prohibited by the Group policies, requires disclosure.
g. In addition, management’s specific approval for establishing business relationships with such customers must be obtained at the appropriate committee level.
h. Directors and Employees are prohibited from paying for non-business travel, entertainment and hospitality for any public officials or his or her family members without permission from the Board of Directors.
i. If approval is obtained to provide Benefits to public officials, the Directors or Employees must ensure that the gift (only corporate gift is allowed), entertainment or corporate hospitality is not excessive and lavish, and must commensurate with the official designation of the public official and not the personal capacity.
5.2 CORPORATE SOCIAL RESPONSIBILITY (CSR), DONATION AND SPONSORSHIPS
a. The Group encourages and supports charitable donations and sponsorships, whether of in-kind services, knowledge, time, or direct financial contributions, to individuals, organisations, communities and societies who require special help and care.
b. As bribes can be concealed in the form of charitable, sponsorships or donations, all CSR, sponsorships and donations shall be done in good faith and are not aimed to gain any business or other advantage in return, whether for the Group or self-enrich, that may be considered improper.
c. Any CSR, donations and sponsorship activities conducted must not be used as a conduit to circumvent, avoid, or evade the laws or regulatory requirements. More importantly, it shall not be used to facilitate corruption, illegal and money laundering activities.
d. All CSR, donations and sponsorship requests must be carefully examined for legitimacy and not be made to improperly influence a business outcome.
e. The proposed recipient must be a legitimate organisation and appropriate due diligence must be conducted in order to ensure that the benefits will reach the intended recipients whilst the programmes meet the intended objectives.
f. Must not be made to individuals or in cash; or be made at the request of a public official as an inducement to or reward for acting improperly.
g. All CSR, donations and sponsorship shall be made in accordance with the approval budget and must obtain approval from the Management; all the relevant document or record shall be kept by the Group.
h. Any charitable donations and sponsorships made in a private capacity of a Director or Employee should never be in exchange for any improper purposes that may affect the business of the Group.
5.2.1 POLITICAL CONTRIBUTIONS
a. As a matter of general policy, the Group does not make or offer monetary or in-kind political contributions to political parties, political party officials or candidates for political office.
b. In very limited circumstances, if any contribution is to be made, it must be approved by our Management, permissible under applicable laws and must not be made with any promise or expectation of favourable treatment in return.
c. Records of such contributions shall be properly maintained and kept by the Group.
5.3 FACILITATION PAYMENT
a. Facilitation payments are unofficial payments or other benefits made to secure or expedite the performance of a routine or administrative function.
b. It need not involve cash or other financial asset as it can be any sort of advantage with the intention to influence them in their duties.
c. Our Group prohibits accepting or obtaining, either directly or indirectly, facilitation payments from any person for the benefit of the Employee himself or for any other person. The reason underlying this prohibition is that facilitation payment is seen as a form of bribery and corruption.
d. Directors or Employees must not offer, promise, give, request accept or receive anything which might reasonably be regarded as a facilitation payment. If facilitation payments are requested or offered, a report must be made to the relevant superior, the Management or via the Group’s Whistleblowing channel.
e. However, there are certain situations or circumstances where Employees will have to make facilitation payments in order to protect a staff’s life, limb or liberty. In dangerous situations like this, staffs are allowed to make payments but is required to immediately report to the Group. Making facilitation payment in such situation is the only exception which can be used as a defence when faced with allegations of bribery and corruptions.
5.4 PURCHASING AND PROCUREMENT PRACTICES
a. Directors and Employees are responsible to ensure the Group’s purchase of required materials, supplies, equipment, or sub-contract services are procured at the most favourable and competitive terms.
b. All new procurement or services will have to obtain at least three quotations for Management’s approval, and all quotations shall be properly kept by the relevant departments.
c. Directors and Employees must avoid soliciting illegal purchases and procurement practises and be cautious of involvement in any bribery or corrupt act.
5.5 RECRUITMENT OF EMPLOYEES
a. The recruitment of Directors and Employees will be based on approved selection criteria to ensure that only the most qualified and suitable individuals based on qualifications, performance, skills and experience are employed. This is crucial to ensure that no element of corruption is involved in the hiring process.
b. Family members of Directors and Employees may be hired as employees of MOG only if the appointment is based on qualifications, performance, skills and experience. There should be no direct reporting relationship between the Director or Employee and his or her family member. Approval from Board of Directors is required if any family member of the Director is being appointed into the Board of Directors. The Director has a duty to disclose the relationship between himself and his family member.
c. In line with this, proper background checks should be conducted in order to ensure that the potential employee has not been convicted for any bribery or corruption cases. More detailed background checks should be carried out when hiring employees in the management level, as they would be tasked with decision-making obligations.
5.6 MONEY LAUNDERING
a. Our Group strongly objects practises relating to money laundering which include dealing with proceeds of criminal activities. All Directors and Employees must avoid violating anti-money laundering laws in the country, at all cost.
b. Directors and Employees are expected to conduct reasonable due diligence on third parties to understand their business background and to determine the origin and destination of money and services.
6. DEALING WITH THIRD PARTIES
a. Our Group dealing with third parties, which include but not limited to agents, consultant or advisors, contractors or subcontractors, business contacts, joint venture partners, vendors or parties supplying good and services and customers must be carried out in compliance with the relevant laws and must be consistent with the values and principles of the Group’s policies. As part of the Group’s commitment, all forms of bribery and corruptions are unacceptable and will not be tolerated.
b. For the purpose of this policy, the third parties shall include all legitimate business entities ranging from public limited companies and private limited companies to partnerships and sole proprietorships.
c. Our Group expects all third parties acting for or on its behalf to approach any issues of bribery and corruptions in a manner that is consistent with the principles set out in this Policy. Our Group requires all these parties to cooperate and ensure compliance with these standards in order to maintain the business relationship.
d. To ensure that our Group only conduct businesses with third parties who share our standards of integrity, Directors and Employees must exercise the following:
I. Conduct proper due diligence to assess the integrity of prospective business counterparties.
II. Not to enter into any business dealings with any third party who can reasonably be suspected to engage in bribery or improper business practices unless those suspicions are investigated and resolved.
III. Inform relevant third party of the Group’s Code of Business Conduct for Third Parties, Whistleblowing channel and its other relevant policies.
e. All third parties must sign the “Third Party Letter of Commitment and Declaration” Form which states that:
I. They understand and will comply with all applicable laws and regulations. Besides, they are also ready to commit to anti-corruption principles which includes promoting values of integrity, transparency, accountability, good corporate governance, prevention of corruption, fighting any form of corrupt practice, as well as supporting anti-corruption initiatives led by the government and the local authorities (hereinafter collectively referred to as “the requirements”).
II. They have not been convicted nor subjected to any investigation, inquiry or enforcement proceedings by the relevant authorities of any actual or suspected breach and will report any actual or suspected breach as soon as reasonably practicable and to the extent permitted by the law, to our Group.
III. They undertake to promptly inform our Group of any breach and / or alleged / suspected breach of the requirements and cooperate with our investigations of such breach involving our Directors and Employees.
IV. They acknowledge that the provisions set out in the declaration form shall form part of the terms and conditions of their appointment and / or contract of service. Meanwhile, they are liable to indemnify our Group’s from and against any and all judgements, losses, liabilities, penalties, damages (including loss of profit), costs, expenses, claims, demands and causes of action of every kind, resulting from such breach and termination.
V. They further acknowledge that our Group has the right to suspend or terminate their contract or agreement or job and disqualify them from tendering for future contracts or jobs if they are found to have breached the requirements or any other terms and conditions which have been implemented by our Group pursuant to the contract or agreement or job.
f. Our Group will continue to be aware and will periodically monitor third parties performances and business practices to ensure ongoing compliance.
g. At some instances, our Group may also engage with online vendors or service providers such as for the purchase of air flight tickets, travel insurance etc. Such vendors are excluded from the requirement to sign the declaration form. Nevertheless, the staff is still required to ensure reasonable due care is exercised to protect the Group’s interest at all times.
h. If at any point during the due diligence exercise or during the dealings with a third party, there are conflicts of interest or “red flags”, it warrants further investigation and such matter must be sufficiently addressed before the engagement of the third party can proceed.
i. Examples of common “red flags” involving third parties include:
I. The transaction involves a country known for a high incidence of corrupt payments.
II. Family, business or other “special” ties with government or public officials.
III. A reference check reveals a flawed background or reputation of the third parties.
IV. Objection to anti-bribery representations and warranties in commercial agreements or negative response when told of such requirements.
V. Convoluted payment arrangements such as payment in cash, payment to a third party or requests for upfront payment for expenses or other fees.
VI. The third party requires that his or her identity not to be disclosed as part of the business transaction.
VII. Inadequate credentials for the nature of the engagement or lack of an office or an established place of business.
j. Our Group requires our Directors and Employees to use good judgement and common sense at all times when assessing the integrity and ethical business practices of third parties.
k. The detailed due diligence checklist on third parties can be referred to in our “Due Diligence Checklist on Third Parties”. Directors and Employees should take note that the due diligence checklist is non-exhaustive and are strongly encouraged to add their own measures into the checklist for a meaningful and thorough assessment on the third party.
6.1 DUE DILIGENCE PROCESS
a. The purpose of due diligence is to provide a guide to Directors and Employees who have to decide whether or not to continue the relationship with the relevant third party. Any unsatisfactory answer to the non-exhaustive due diligence checklist shall be treated as a red flag by the Directors and Employees.
b. If all identified red flags are sufficiently mitigated, then the Directors and Employees could proceed with the relationship. Similarly, if no red flags have been identified, then the Employee can proceed with the engagement (to satisfy that reasonable steps had been taken to address the corruption risk of the third party).
c. If red flags have been identified but are not sufficiently mitigated, then it is critical that further inquiry is undertaken prior to entering into any contract or relationship. All red flags will need to be resolved or mitigated.
d. The most common or direct way of resolving a red flag will be to contact the third party directly. In particular, the third party should be asked what measures they have taken to resolve the corruption issue which had taken place in their company.
e. Our Group does not in any way limit the methods or mechanisms used by the Directors and Employees to conduct the third party’s due diligence so long as the same is permitted by law.
f. If the red flags relate to a historic investigation in corrupt activity where there were no convictions, then the red flag can be considered mitigated (though it is prudent to seek further information or background of the circumstances).
g. In some circumstances, the red flags are unsubstantiated rumours which have not been formally investigated by the authorities or law enforcement agencies or proven in a court, tribunal or equivalent. Under this scenario, the Directors and Employees may proceed with the contract. Nevertheless, it is advisable for the Directors and Employees to continuously monitor the situation and immediately highlight to the Management if they notice any adverse findings.
h. When the Directors and Employees find that the red flags could not be mitigated or resolved despite all of the non-exhaustive measures, the Directors and Employees shall not proceed with the relationship with the third party.
i. For any third party with positive public officials’ trace, and the Directors and Employees have decided to commence the relationship whereby the interests are also not prohibited by our Group’s policies, the disclosure in the financing requisition or request for proposal etc. is mandatory.
7. EMPLOYEE RESPONSIBILITY
a. As an Employee of the Group, we must ensure that we have read, understand and comply with the information contained within this policy, and with any training or other anti-bribery and anti-corruption information given.
b. All Employees of the Group should comply with the following:
I. Cannot give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage;
II. Cannot give, promise to give, or offer payment to any third party to “facilitate” or expedite a procedure;
III. Cannot accept payment from any third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them;
IV. Cannot accept a gift or hospitality from any third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided in return;
V. Cannot threaten or retaliate against another employee who refuses to commit a bribery offence or who has raised concerns under this policy.
c. All Employees are equally responsible for the prevention, detection, and reporting of bribery and other forms of corruption.
8. REPORTING VIOLATIONS OF THE POLICY
a. Any employee who knows of, or suspects, a violation of the Policy, is encouraged to report their concerns through the Group’s Whistleblowing Channel. The provisions and procedure of the Whistleblowing Policy is available on the Group’s website at mog.com.my.
b. No individual will be discriminated against or suffer any sort or manner of retaliation for raising genuine concerns or reporting in good faith on violations or suspected violations of the Policy. All reports will be treated confidentially.
c. However, malicious false allegations will be viewed seriously and treated as a gross misconduct and if proven, may lead to dismissal. Making a false report may result in the reporting individual being held personally liable for damages by anyone who may have been affected by the false disclosure.
a. If the Director or Employee encounters any form of bribery or corruption, he or she has a duty to disclose or report such acts to the Group.
b. The Group will protect the Director or Employee against detrimental action i.e. against retaliation, punishment and / or unfair treatment (including intimidation, harassment, discrimination, demotion and termination of employment) from his / her superior or any other employees as a result of refusing to accept or offer a bribe to other corrupt activities or because report a concern relating to bribery or corruption.
10. RECORD KEEPING
a. Our Group shall control and maintain proper financial records of all payments made to third parties to serve as evidence that such payments are bona fide and not linked to corrupt and / or unethical conduct.
b. All departments and outlets shall keep detailed and accurate financial records, and will have appropriate internal controls in place to act as evidence for all payments made. We shall declare and keep a written record of the amount and reason for hospitality or gifts accepted or given and understand that gifts are subjected to Management’s review and approval.
c. All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as customers, suppliers and business contacts, should be prepared and maintain with strict accuracy and completeness. Records should be retained for a significant period of time in order to comply with the local law as well as the Group’s policies.
11. TRAINING AND COMMUNICATION
a. Our Group shall conduct a timely refresher and awareness programme to all Directors and Employees to ensure sufficient understanding our Group’s anti-corruption position.
b. Training shall be provided to individuals who are new to the Group or newly appointed to or currently holding an exposed position. Training shall also be conducted on a regular basis, in accordance with the level of bribery and corruption risk related to the position.
c. Employee will be asked to formally accept to comply with this Policy.
a. Any deviation or waiver from this Policy must be approved by the Board of the Group.
b. In the unlikely situation where an exception or modification to the principles set out in this Policy be required, the request for exception must be made in good faith and submitted in writing to the Board of the Group.
13. REVIEW AND MONITORING
a. Corporate Affairs Department is responsible for monitoring the effectiveness of this Policy and will review the implementation of it on a regular basis. We will assess the suitability, adequacy, and effectiveness of this Policy.
b. Any need for improvements will be applied as soon as possible. Directors, Employees and persons associated with MOG (including third parties) are encouraged to offer the feedback on this Policy if there are suggestions as to how it can be improved. Feedback of this nature must be addressed to the Corporate Affairs Department and Management.