Anti-Bribery and Anti-Corruption Policy Version 1.0

1. Background

1.1. This anti-bribery policy sets out the responsibilities of Pusat Kreatif Kanak-kanak Tuanku Bainun and those who work for us in regard to observing and upholding our zero-tolerance position on bribery and corruption.

1.2. It also acts as a source of information and provides guidance for those working for Pusat Kreatif kanak-kanak Tuanku Bainun. It helps them to recognise and deal with bribery and corruption issues, as well as understand their responsibilities.

2. Policy statement

2.1. Pusat Kreatif Kanak-kanak Tuanku Bainun is committed to conducting operations in an ethical and honest manner, and is committed to implementing and enforcing effective measures to counter bribery and corruption. Pusat Kreatif Kanak-kanak Tuanku Bainun has zero-tolerance for bribery and corrupt activities. We are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever in the country we operate.

2.2. Pusat Kreatif Kanak-kanak Tuanku Bainun will constantly uphold all laws relating to anti-bribery and corruption. All employees of Pusat Kreatif Kanak-kanak Tuanku Bainun and its affiliates are responsible in ensuring that they always comply with all laws and regulations, in particular to the Malaysian Anti-Corruption Commission Act 2009 and the MACC (Amendment) Act 2018 and any other local anti-bribery or anti-corruption laws that may be applicable.

2.3. Pusat Kreatif Kanak-kanak Tuanku Bainun recognises that bribery and corruption are punishable. If our company is discovered to have taken part in corrupt activities, we may be subjected to an unlimited fine, and face serious damage to our reputation. It is with this in mind Pusat Kreatif Kanak-kanak Tuanku Bainun that we commit to preventing bribery and corruption in our business, and take our legal responsibilities seriously.

3. Scope

3.1. This anti-bribery policy applies to all Directors and Employees (whether temporary, fixed-term, or permanent), consultants, contractors, trainees, seconded staff, home workers, casual workers, agency staff, volunteers, interns, agents, sponsors, or any other person or persons associated with us (including third parties).

3.2. In the context of this policy, 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, representatives and officials, politicians, and public parties.

3.3. Any arrangements our company makes with a third party is 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. Bribery is illegal. Employees must not engage in any form of bribery, whether it be directly, passively, or through a third party (such as an agent or distributor). They must not accept bribes to any degree and if they are uncertain about whether something is a bribe or a gift or act of hospitality, they must seek further advice from the company’s General Manager.

4. Definition

4.1. “Gratification” shall have the meaning defined in the MACCA which includes but is not limited to anything monetary and non-monetary value or benefit to the person:

(a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property of any description whether movable or immovable, financial benefit or any other similar advantage

(b) any office, dignity, employment, contract of employment or services, an agreement to give employment or render services in any capacity;

(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;

(e) any forbearance to demand any money or money’s worth or valuable thing;

(f) 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 or any right or any official power or duty; and

(g) any offer, undertaking or promise whether conditional or unconditional, of any gratification within the meaning of the preceding  paragraphs (a) to (f)

Gratification does not have to be directly given or received by an employee, but it can also be given or received by anyone related to the employee that is beneficial, of value or advantageous to the employee. In practise, this means offering, giving, soliciting or receiving something of value in an attempt to illicitly influence the decisions or actions of a person in a position of trust within an organisation.

4.2. “Corruption” is defined as the abuse of entrusted power for personal gain. For the purpose of this policy, corruption is defined primarily as any action which would be considered as an offence of receiving or giving “gratification” under the MACCA. In addition, corruption may also include acts of collusion, breach of trust, extortion, abuse of power, trading under influence, fraud, embezzlement or money laundering.

4.3. “Donations and Sponsorships” refers to charitable contributions and sponsorship payment made to support the community.

4.4. “Facilitation Payment” refers to a payment or other provision made personally to an individual in control of a decision or process. It is given to expedite or secure a routine or function or administrative duty.

4.5. “Corporate Gift” refers to something given from one organisation to another, with the appointed representatives of each organisation present for the giving and accepting of the gift. The gifts are given openly and transparently, with the implicit or explicit approval of all parties involved. Corporate gifts normally bear the company logo and name and are of nominal value. Corporate gifts may also be promotional items given out equally to the general public at events, exhibitions and trade shows as a part of building the company’s brand. Examples of corporate gifts include such as pens, diaries, table calendars, plaques, notepads and festive gifts such as hampers, oranges and dates.

4.6. “Personal Gift” refers to something given from one individual to another, with the intention of enhancing or creating a personal relationship. The gifts are given in a private setting, without the approval or knowledge of the company management or one or both parties. Personal gifts may include cash, cash equivalents such as credit cards, cryptocurrency, watches, electronic items, luxury pens, shares,
interest free loans, travel facilities, entertainment, services, club memberships, property, vehicles, free fares, any form of commission or discount, jewelleries, decorations, vouchers, souvenirs or any other valuable items.

5. What is and what is NOT acceptable

5.1. This section of the policy refers to 4 areas:

• Gifts and hospitality.
• Facilitation payments.
• Political contributions.
• Charitable contributions.

5.2. Gifts and hospitality
Pusat Kreatif Kanak-kanak Tuanku Bainun accepts normal and appropriate gestures of hospitality and goodwill (whether given to/received from third parties) so long as the giving or receiving of gifts meets the following requirements:

a. 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 or benefits.
b. It is not made with the suggestion that a return favour is expected.
c. It is in compliance with local law.
d. It is given in the name of the company, not in an individual’s name as a personal gift.
e. It is appropriate for the circumstances (e.g. giving small gifts around Hari Raya or as a small thank you to a company for helping with a large project upon completion).
f. It is of an appropriate type and value and given at an appropriate time, taking into account the reason for the gift.
g. It is given/received openly, not secretly.
h. It is not selectively given to a key, influential person, clearly with the intention of directly influencing them.
i. It is not above a certain excessive value, as pre-determined by the company’s General Manager (RM300).
j. It is not offered to, or accepted from, a government official or representative or politician or political party, without the prior approval of the company’s General Manager.

5.3. Where it is inappropriate to decline the offer of a gift (i.e. when meeting with an individual of a certain religion/culture who may take offence), the gift may be accepted so long as it is declared to the General Manager, who will assess the circumstances.

5.4. Pusat Kreatif Kanak-kanak Tuanku Bainun recognises that the practice of giving and receiving Corporate Gifts varies between countries, regions, cultures, and religions, so definitions of what is acceptable and not acceptable will inevitably differ for each.

5.5. As good practice, gifts given and received should always be disclosed to the General Manager. Gifts from suppliers should always be disclosed.

5.6. The intention behind a gift being given/received should always be considered. If there is any uncertainty, the advice of the General Manager should be sought.

5.7. Facilitation payments
Pusat Kreatif Kanak-kanak does not accept and will not make any form of facilitation payments (also known as grease 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. We recognise that they tend to be made by low level officials with the intention of securing or speeding up the performance of a certain duty or action.

5.8. Political contributions
Pusat Kreatif Kanak-kanak will not make donations or receive 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.

5.9. Charitable contributions
Pusat Kreatif Kanak-kanak Tuanku Bainun accepts (and indeed encourages) the act of donating to charities – whether through services, knowledge, time, or direct financial contributions (cash or otherwise) – and agrees to disclose all charitable contributions it makes. Employees must be careful to ensure that charitable contributions are not used to facilitate and conceal acts of bribery. We will ensure that all charitable donations made are legal and ethical under local laws and practices, and that donations are not offered/made without the approval of the General Manager.

6. Employee responsibilities

6.1. As an employee of Pusat Kreatif Kanak-kanak Tuanku Bainun, you must ensure that you read, understand, and comply with the information contained within this policy, and with any training or other anti-bribery and corruption information you are given.

6.2. 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 anti-bribery policy.

6.3. If you have reason to believe or suspect that an instance of bribery or corruption has occurred or will occur in the future that breaches this policy, you must notify the General Manager.

6.4. If any employee breaches this policy, they will face disciplinary action and could face dismissal for gross misconduct. Pusat Kreatif Kanak-kanak Tuanku Bainun has the right to terminate a contractual relationship with an employee if they breach this anti-bribery policy.

7. What happen if I need to raise a concern?

7.1. This section of the policy covers 3 areas:

a. How to raise a concern.
b. What to do if you are a victim of bribery or corruption.
c. Protection.

7.2. How to raise a concern
(a) If you suspect that there is an instance of bribery or corrupt activities occurring in relation to Pusat Kreatif Kanak-kanak Tuanku Bainun, you are encouraged to raise your concerns at as early a stage as possible. If you’re uncertain about whether a certain action or behaviour can be considered bribery or corruption, you should speak to your line manager, the General Manager, or the Director.

(b) Pusat Kreatif Kanak-kanak Tuanku Bainun will familiarise all employees with its whistleblowing procedures so employees can vocalise their concerns swiftly and confidentially.

7.3. What to do if you are a victim of bribery or corruption
You must tell your General Manager as soon as possible if you are offered a bribe by anyone, if you are asked to make one, if you suspect that you may be bribed or asked to make a bribe in the near future, or if you have reason to believe that you are a victim of another corrupt activity.

7.4. Protection
(a) If you refuse to accept or offer a bribe or you report a concern relating to potential act(s) of bribery or corruption, Pusat Kreatif Kanak-kanak Tuanku Bainun understands that you may feel worried about potential repercussions. Pusat Kreatif Kanak-kanak Tuanku Bainun will support anyone who raises concerns in good faith under this policy, even if investigation finds that they were mistaken.

(b) Pusat Kreatif Kanak-kanak Tuanku Bainun will ensure that no one suffers any detrimental treatment as a result of refusing to accept or offer a bribe or other corrupt activities or because they reported a concern relating to potential act(s) of bribery or corruption.

(i) Detrimental treatment refers to dismissal, disciplinary action, treats, or unfavourable treatment in relation to the concern the individual raised.
(ii) If you have reason to believe you’ve been subjected to unjust treatment as a result of a concern or refusal to accept a bribe, you should inform your line manager or the General Manager immediately.

8. Training and communication

8.1. Pusat Kreatif Kanak-kanak Tuanku Bainun will provide training on this policy as part of the induction process for all new employees. Pusat Kreatif Kanak-kanak Tuanku Bainun will also conduct awareness programmes for all employees to refresh awareness of antibribery and anti-corruption measures, and to continuously promulgate integrity and ethics. Employees will be asked annually to formally accept that they will comply with this policy.

8.2. Pusat Kreatif Kanak-kanak Tuanku Bainun’s anti bribery and corruption policy and zero-tolerance attitude will be clearly communicated to all suppliers, contractors and business partners and any third-parties at the outset of business relations, and as appropriate thereafter.

8.3. Pusat Kreatif Kanak-kanak Tuanku Bainun will provide relevant anti-bribery and corruption training to employees etc. where we feel their knowledge of how to comply with the Malaysian Anti-Corruption Commission Act 2009 needs to be enhanced. As good practice, all businesses should provide their employees with anti-bribery training where there is a potential risk of facing bribery or corruption during work activities.

9. Record keeping

9.1. Pusat Kreatif Kanak-kanak Tuanku Bainun will keep detailed and accurate financial records, and will have appropriate internal controls in place to act as evidence for all payments made. We will declare and keep a written record of the amount and reason for hospitality or gifts accepted and given, and understand that gifts and acts of hospitality are subject to managerial review.

10. Monitoring and reviewing

10.1 Pusat Kreatif Kanak-kanak Tuanku Bainun’s General Manager is responsible for monitoring the effectiveness of this policy and will review the implementation of it on a regular basis. They will assess its suitability, adequacy, and effectiveness.

10.2 Internal control systems and procedures designed to prevent bribery and corruption are subject to regular audits to ensure that they are effective in practice.

10.3 Any need for improvements will be applied as soon as possible. Employees are encouraged to offer their feedback on this policy if they have any suggestions for how it may be improved. Feedback of this nature should be addressed to the General Manager.

10.4 This policy does not form part of an employee’s contract of employment and Pusat Kreatif Kanak-kanak Tuanku Bainun may amend it at any time so as to improve its effectiveness at combating bribery and corruption.

11. Sanctions for non-compliance

The Group regards bribery and corruption as a serious matter. Non-compliance may lead to disciplinary action, up to and including termination of employment. Further legal action may also be taken in the event that Pusat Kreatif Kanak-kanak Tuanku Bainun’s interests have been harmed as a result of non-compliance.