Anti-Bribery & Corruption Policy
What Does the Policy Cover?
- Radiant Global ADC Sdn Bhd (the “Company”) and those who work for the Company on the requirement to observe and uphold the Company’s zero-tolerance position on “bribery and corruption” (collectively known as “corrupt gratification”).
- This Policy provides a source of information and guidance for those working for the Company. It helps them recognise and deal with corrupt gratification, as well as understand their responsibilities.
- This Policy is supplemental to and shall be read in conjunction with the Code of Ethics and Conduct of the Company as annexed herewith, Whistle Blowing Policy, the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act 2009”) and the Malaysian Anti-Corruption Commission (Amendment) Act 2018.
- For the purpose of this Policy:
- Bribery means the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not offer;
- Corruption means the act of soliciting, giving, accepting or receiving gratification, directly or indirectly, to/from a person in authority either in the form of money, services or valuable goods as an inducement or reward to or not to do an act in relation to the person’s principal affairs – in short, corruption is essentially an abuse of entrusted power or position to obtain a gain or benefit; and
- Gratification is defined in Section 3 of the MACC Act 2009 and includes:
- money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
- any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
- any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
- any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
- any forbearance to demand any money or money’s worth or valuable thing;
- any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
- any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f).
The provision or receipt of gratification is not an offence unless it is done corruptly.
Policy Statement
- The Company is committed to conducting business in an ethical and honest manner and is committed to implementing and enforcing systems that ensure corrupt gratification is prevented. The Company has zero-tolerance for corrupt gratification and its associated activities. The Board of Directors and Management are committed to acting professionally, fairly and with integrity in all of the Company’s business dealings and relationships in whichever country we operate.
- The Company shall constantly uphold all laws relating to bribery & corruption in all the jurisdictions where we operate. We are bound by the laws of Malaysia, in particular, the MACC Act 2009, pertaining to our conduct both at home and abroad.
- The Company recognises that acts of corrupt gratification are punishable by way of pecuniary fines and/or jail sentences, as the case may be, upon conviction. If any entity in the Company or person associated with it is found to have taken part in bribery or corrupt activities to benefit the Company, we may be subjected to a monetary fine of not less than 10 times the sum or value of the corrupt gratification, and/or the officers concerned jailed not exceeding 20 years, upon conviction under the MACC Act 2009. There may well be other associated charges brought against the Company and/or its officers under other legislation in Malaysia or in the countries in which the alleged offence is committed. All these may lead to serious damage to our reputation. It is with this in mind that we remain committed to preventing acts of corrupt gratification in our businesses, and we take our legal responsibilities seriously.
Who Are Covered by the Policy?
- This Policy applies to all employees (whether temporary, contract-basis or permanent), consultants, contractors, trainees, seconded staff, casual workers, agency staff, volunteers, interns, agents, sponsors or any other person or persons associated with the Company, or any of our subsidiaries or their employees, no matter where they are located (within or outside of Malaysia). The definition of such persons associated with the Company accords with Section 17A (2) of the MACC Act 2009. This Policy also applies to Officers, Trustees, Board, and/or Committee members of companies in the Company at any level.
- This policy also covers the Company’s dealing with a third party. In the context of this Policy, the third party refers to any individual or organisation our Company meets and works with. It refers to actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies – this includes their advisors, consultants, representatives and officials, politicians and public parties.
- Any arrangements our Company makes with a third party are subject to clear contractual terms, including specific provisions that require the third party to comply with minimum standards and procedures relating to anti-bribery and corruption.
Definition of Bribery and Corruption
- Bribery refers to the act of offering, giving, promising, asking, agreeing, receiving, accepting or soliciting something of value or advantage so to induce or influence an action or decision. A bribe refers to any inducement, reward or object/item of value offered to another individual in order to gain or retain commercial, contractual, regulatory or personal business or advantage. Bribery is not limited to the act of offering a bribe. If an individual is on the receiving end of a bribe and they accept it, they are also breaking the law.
- Corruption means the act of soliciting, giving, promising to give, offering, accepting or receiving gratification, directly or indirectly, to/from a person in authority either in the form of money, services, favours, positions or valuable goods as an inducement or reward to or not to do an act in relation to the person’s principal affairs or function.
- Bribery and corruption (collectively “corrupt gratification”) are illegal. Employees must not engage in any form of corrupt gratification, whether it be directly or through a third party (such as an agent or distributor). They must not bribe a foreign public official anywhere in the world. They must not accept bribes in any degree and if they are uncertain about whether something is a bribe, a gift or act of hospitality, they must seek further advice from the Company’s Chief Executive Officer (“CEO”). Bribery may be ‘outbound’, where someone acting on behalf of the Company attempts to influence the actions of someone external, such as a Government official or client decision-maker. It may also be ‘inbound’, where an external party is attempting to influence someone within the Company such as a senior decision-maker or someone with access to confidential information.
What Is and What Is Not Acceptable
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This section of the Policy refers to the following four (4) areas:
- Gifts, entertainment, hospitality and travel;
- Facilitation payments;
- Political contributions; and
- Charitable contributions and sponsorship.
- Gifts, entertainment, hospitality & travel
The Company accepts normal and appropriate gestures of hospitality and goodwill (whether given to or received from third parties) so long as the giving or receiving of gifts, entertainment, hospitality & travel meets the following requirements:
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- It is not made with the intention of influencing the party to whom it is being given, to obtain or reward the retention of a business or a business advantage, or as an explicit or implicit exchange for favours, positions or benefits;
- It is not made with the suggestion that a return favour is expected;
- It is in compliance with local laws;
- It is given in the name of the organization, not in an individual’s name;
- It does not include cash or a cash equivalent (e.g. a voucher or gift certificate);
- It is appropriate for the circumstances (e.g. giving small gifts around festive seasons or as a small thank you to an organization for helping with a large project upon completion);
- It is of an appropriate type and value, and given at an appropriate time, taking into account the reason for the gift, entertainment, hospitality and travel;
- It is given or received openly, not secretly;
- It is not selectively given to a key or influential person, clearly with the intention of directly influencing them;
- It accords with the limits of threshold, frequency and approval mandate as predetermined by the Company; and
- It is not offered to, or accepted from, a government official or representative, politician or political party, without the prior sanction based on the Company’s approval mandate.
Where it is inappropriate to decline the offer of a gift, entertainment, hospitality or travel (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift, entertainment, hospitality or travel may be accepted so long as it is declared to or in the recording of the CEO, who shall assess the circumstances, including whether it accords with the Company’s predetermined thresholds and frequency.
The Company recognises that the practice of giving and receiving business gifts varies amongst countries, regions, cultures and religions. As such, definitions of what is acceptable and not acceptable will inevitably differ for each.
As good practice, gifts, entertainment, hospitality & travel given and received should always be disclosed to the CEO. Those received from suppliers must be disclosed to the CEO.
The intention behind a gift, entertainment, hospitality or travel being given or received should always be considered. If there is any uncertainty, the advice of the CEO should be sought.
- Facilitation Payments and Kickbacks
The Company does not accept and will not make any form of facilitation payments of any nature. We recognise that facilitation payments are a form of bribery that involves expediting or facilitating the performance of a public official for a routine governmental action. A facilitation payment is a payment or other provision made personally to an individual in control of a process or decision either locally or to off-shore accounts. It is given to secure or expedite the performance of a routine or administrative duty or function.
The Company does not allow kickbacks to be made or accepted. We recognise that kickbacks are typically made in exchange for a business favour or advantage. Personnel shall decline to make the payment and report to the Director immediately when they encounter any requests for a facilitation payment. In addition, if a payment has been made and personnel is unsure of nature, the Director must be notified immediately, and the payment recorded accordingly. 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 his / her head of department and Director to record the details and keep a record of what was spent.The Company shall exercise its best efforts to ensure no employee will suffer demotion, penalty or other adverse consequences for refusing to pay bribery even if such refusal may result in the Company losing business.
The Company recognises that despite our strict policy on facilitation payments and kickbacks, employees may face a situation where avoiding a facilitation payment or kickback may put their or their family’s personal security at risk. Under these circumstances, the following steps must be taken:
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- Ask for a receipt, detailing the amount and reason for the payment;
- Create a record concerning the payment; and
- Report this incident to your line manager.
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- Political Contributions
The Company will not make donations, whether in cash, kind or by any other means, to support any political parties or candidates. We recognise this may be perceived as an attempt to gain an improper business advantage.
- Charitable Contributions
The Company accepts and encourages the act of donating to charities as part of its corporate social responsibility initiatives, whether through services, knowledge, time or direct financial contributions (cash or otherwise), and agrees to disclose all charitable contributions at its corporate website at www.rgtech.com.my.
Employees must conduct a simple due diligence to ensure that charitable contributions are not used to facilitate and conceal acts of bribery. If in doubt, check with the CEO.
We shall ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are offered or made in accordance with the Company’s approval mandate.
Employee Responsibilities
- As an employee of the Company, you must ensure that you read, understand and comply with the information contained within this Policy, and with any training or other antibribery and corruption information you are given from time to time.
- All employees and those under our control are equally responsible for the prevention, detection and reporting of bribery and other forms of corruption. They are required to avoid any activities that could lead to, or imply, a breach of this Policy. Employees are encouraged to raise suspicious transactions and other “red flags” (indicators of bribery or corruption) to immediate superiors for guidance on the next course of action.
- If you have reasons to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this Policy, you may raise with the immediate superior, Human Resources Manager, General Manager or CEO.
- If for any reason, it is believed that this is not possible or appropriate, then the concern should be reported to the CEO of the Company. The channel of reporting to the CEO is as follows: Radiant Global ADC Sdn Bhd C-UG-159, Level UG, 1 Shamelin Mall 100, Jalan 4/91 Taman Shamelin Perkasa 56100 Kuala Lumpur Attention: The CEO (By Mail: Strictly Confidential)
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- If for any reason, it is believed that reporting to management is a concern or not possible or appropriate, then the concern should be reported to the Audit Committee (AC) Chairman of the Company’s holding company, Radiant Globaltech Berhad. The channel of reporting to the AC Chairman is as follows:
Radiant Globaltech Berhad Third Floor, No. 77, 79 & 81, Jalan SS21/60, Damansara Utama, 47400 Petaling Jaya, Selangor Attention: The Audit Committee Chairman (By Mail: Strictly Confidential)
- If any employee breaches this Policy, the employee will face disciplinary action and could face dismissal for gross misconduct. The Company has the right to terminate a contractual relationship with an employee if the employee breaches this Policy.