“Hospitality” means the considerate care of guests, which may include refreshments, accommodation and entertainment at a restaurant, hotel, club, resort, convention, concert, sporting event or other venue such as Company offices, with or without the personal presence of the host. Provision of travel may also be included, as may other services such as provision of guides, attendants and escorts; use of facilities such as a spa, golf course or ski resort with equipment included;
“MB WORLD GROUP” or “Company” means MB WORLD GROUP and its group of companies;
“Personnel” means directors and all individuals directly contracted to the Company on an employment basis, including permanent and temporary employees.
7. ANTI-FRAUD, BRIBERY AND CORRUPTION POLICY (ABC POLICY)
7.1 All employees and its business associates are prohibited from directly or indirectly offering, giving, soliciting or receiving any form of bribe, kickback or other corrupt payment, or anything of value (such as money, goods, services, property, privilege, employment position or preferential treatment) 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 MB WORLD GROUP or the persons involved in the transaction; to or from any person or organization, including government agencies, individual government officials, private companies and employees of those private companies under any circumstances.
7.2 All third parties, including agents, suppliers and public should be made aware of this Policy and the arrangements with them shall be subject to clear contractual terms, including specific provisions requiring them to comply with minimum standards and procedures relating to bribery and corruption.
7.3 The Anti-Fraud, Bribery and Corruption statement applies equally to its 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, in particular when dealing with Government officials. It applies to all countries worldwide, without exception and without regard to regional customs, local practices or competitive conditions.
7.4 MB WORLD GROUP is also committed to conducting due diligence checks on prospective personnel, particularly as it relates to appointments to positions where a more than minor bribery or corruption risk has been identified.
8. RECOGNITION OF LOCAL AND INTERNATIONAL LEGISLATION
8.1 MB WORLD GROUP is committed to conducting its business ethically and in compliance with all applicable laws and regulations in the countries where it does business.
8.2 These laws include but are not limited to the Malaysian Penal Code (Act 574) (and its amendments), the Malaysian Anti-Corruption Commission Act 2009 and its amendments, the Companies Act 2016. These laws prohibit bribery and acts of corruption, and mandate that companies establish and maintain accurate books and records and sufficient internal controls.
8.3 In cases where there is a conflict between mandatory laws and the principles contained in this and other policies, the law shall prevail.
9. GIFTS, DONATIONS AND SPONSORSHIPS
9.1 MB WORLD GROUP personnel are prohibited from receiving or asking for (soliciting) gifts from external parties. Under no circumstances may MB WORLD GROUP personnel accept gifts in the form of cash or cash equivalent, including gift certificates, loans, commissions, coupons, discounts or any other related forms. Further details are set out in Gifts, Hospitality, Donations, and Similar Benefits Policy.
9.2 The only form of gift-giving allowed to external parties is a corporate gift. Any gift-giving or event of hospitality is subject to approval according to Limits of Authority and must fulfill the following conditions:
(a) They are limited, customary and lawful under the circumstances; and the giving out of the gift and hospitality must be done in an open and transparent manner;
(b) They do not have or are perceived to have (by either the giver or the receiver), any effect on actions or decisions and no any corrupt / criminal intent involved;
(c) There must be no expectation of any specific favour or improper advantages from the intended recipients; and
(d) The independent business judgment of the intended recipients must not be affected.
9.3 Donations and sponsorships are permitted in accordance with the Corporate Communications Manual to ensure acceptability. However, the Company prohibits the giving and receiving of donations and sponsorships to influence business decisions.
10. FACILITATION PAYMENTS
10.1 MB WORLD GROUP adopts 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.
10.2 Personnel shall decline to make the payment and report to Human Resources Department (HRD) immediately when they encounter any requests for a facilitation payment. In addition, if a payment has been made and personnel are unsure of the nature, the Group Executive Director must be notified immediately, and the payment recorded accordingly.
10.3 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 HRD to record the details and keep a record of what was spent.
11. REPORTING OF POLICY VIOLATIONS & WHISTLE-BLOWING
11.1 Employees and / or external parties may report or lodge a complaint to firstname.lastname@example.org should he / she witnessed or has any information relating to fraud, bribery & corruption involving any of our employees / directors with third party.
11.2 All reports are kept confidential. 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.
11.3 The Company will not hesitate to lodge report to Malaysia Anti-Corruption Commission (Suruhanjaya Pencegahan Rasuah Malaysia) for their further action.
11.4 The Company may, at its discretion, reward (subject to its severity and effects to the Company) the employee(s) who lodge the report to the Company if the reported employee is found guilty by the Company/ Court.
11.5 Retaliation in any form against MB WORLD GROUP personnel where the person has, in good faith, reported a violation or possible violation of this policy is strictly prohibited. Any MB WORLD GROUP personnel 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 MB WORLD GROUP may pursue.
12. BUSINESS ASSOCIATES
12.1 All business associates (including external providers such as consultants, advisors, and agents) acting on behalf of MB WORLD GROUP are required to comply with this Policy, the MB WORLD GROUP ’s Code of Business Ethics, and all other policies as it relates to them.
12.2 In circumstances where MB WORLD GROUP retains controlling interest, such as in certain joint venture agreements, business associates are required to adhere to the ABC Policy and MB WORLD GROUP ’s Code of Business Ethics. Where MB WORLD GROUP does not have controlling interest, associates are encouraged to comply the same.
12.3 Due diligence should also be carried out with regards to any business associates intending to act on the Company’s behalf as an agent or in other representative roles, to ensure that the entity is not likely to commit an act of bribery or corruption in the course of its work with MB WORLD GROUP.
12.4 The extent of the due diligence should be based on a bribery and corruption risk assessment. Due diligence may include a search through relevant databases, checking for relationships with public officials, self-declaration, and documenting the reasons for choosing one particular Business associate over another. The results of the due diligence process must be documented, retained for at least seven years and produced on request by the custodian of the process.
12.5 MB WORLD GROUP shall include standard clauses in all contracts with business associates enabling the Company to terminate the contract in the event that bribery or an act of corruption has been proved to occur. Additional clauses may also be included for business associates acting on MB WORLD GROUP ’S behalf where a more than minor bribery risk has been identified.
13. RESPONSIBILITIES OF MB WORLD GROUP PERSONNEL
13.1 All MB WORLD GROUP personnel (including its directors and personnel 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:
(a) Be familiar with applicable requirements and directives of the policy and communicate them to subordinates;
(b) Promptly record all transactions and payments in MB WORLD GROUP ’s books and records accurately and with reasonable detail;
(c) Ask the HRD if any questions about this policy arise or if there is a lack of clarity about the required action in a particular situation;
(d) Always raise suspicious transactions and other “red flags” (indicators of bribery or corruption) to immediate superiors for guidance on the next course of action;
(e) Be alert to indications or evidence of possible violations of this policy;
(f) Promptly report violations or suspected violations through appropriate channels;
(g) Attend required anti-bribery and corruption training as required according to position; and
(h) Not misuse their position or MB WORLD GROUP ’s name for personal advantage.
13.2 When dealing with business associates, all MB WORLD GROUP personnel shall not:
(a) express unexplained or unjustifiable preference for certain parties;
(b) make any attempt at dishonestly influencing their decisions by offering, promising or conferring advantage;
(c) exert improper influence to obtain benefits from them;
(d) directly or indirectly offer or make promise or corrupt payments, in cash or in kind for a specific favour or improper advantage from
13.3 During an active or anticipated procurement or tender exercise, personnel participating in the exercise in any way whatsoever, shall not:
(a) 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;
(b) provide anything other than a corporate gift and token hospitality to any external/third party related to the exercise;
(c) be involved in any discussions regarding business or employment opportunities, for personal benefit or for the benefit of a business associate;
(d) abuse the decision-making and other delegated powers given by the top management; and
(e) bypass normal procurement or tender process and
13.4 When dealing with external parties in a position to make a decision to MB WORLD GROUP ’s benefit (such as a Government official or client), MB WORLD GROUP personnel shall not:
(a) offer, 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;
(b) be involved in any discussions regarding business or employment opportunities, for their own personal benefit or for the benefit of the external party;
(c) otherwise abuse the decision-making and other delegated powers given 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
(d) exert improper influence to obtain personal benefits from them.
14. CONFLICTS OF INTEREST (COI)
14.1 The Employees and Directors are expected to observe and prevent their involvement in Conflict Of Interest (COI) that has personal gains (include their immediate family members); and actively take precautions and participate into COI. Conflicts of interest arise in situations where there is personal interest that could be considered to have potential interference with objectivity in performing duties or exercising judgment on behalf of the Company. Personnel must not 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.
14.2 In situations where a conflict does occur, personnel are required to declare the matter as per the Employees Handbook.
15. EMPLOYEES DECLARATIONS
15.1 All MB WORLD GROUP personnel 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 HRD for the duration of the personnel’s employment.
15.2 The HRD reserves the right to request information regarding an employee’s assets in the event that the person is implicated in any bribery and corruption-related accusation or incident.
16. SANCTIONS FOR NON-COMPLIANCE & CONTINUOUS IMPROVEMENT & RISK IDENTIFICATION, ASSESSMENT AND CONTROL
16.1 MB WORLD GROUP regards bribery and acts of corruption as serious matters and will apply penalties in the event of non-compliance to this policy. For MB WORLD GROUP personnel, Non- compliance may lead to disciplinary action, up to and including termination of employment.
16.2 For external parties, non-compliance may lead to penalties including termination of contract. Further legal action may also be taken in the event that MB WORLD GROUP ’s interests have been harmed by the results on non-compliance by individuals and organisations.
16.3 This Manual and Policy will be reviewed in every three years started from the first year 2020 and it is up to 3 years’ review timeline to be tabled at the meeting} and / or when there is changes on requirement at MACC Act and also the Annual Risk Identification & Assessment (ARIA) to prevent such incidents from happening that involves employees, directors, business partners, customers, government authorities as well as public.