ANTI-BRIBERY & ANTI-CORRUPTION POLICY
1.1 Amber Courier Sdn Bhd is committed to conducting all our business honestly and ethically. We’ll fully comply with Bribery and corruption which they are bound to observe in the performance of our business. We’ll fully comply with the local and international laws and regulations in the countries to perform our duties.
2.1 The Policy sets out the Employee’s responsibilities on standards to perform their day-to-day duties.
3.1 The policy applies to all levels of employees including the Directors of the company. Besides, it also includes the clients, trainees, suppliers, distributors, agents, consultants, government, and other government agencies.
BRIBERY is defined as the procedure of offering, promising, giving, demanding, receiving, or soliciting something under MACCA Act 694 which will influence the outcome of the transaction whether it benefits the Amber Courier or the employees themselves.
Under Act 694, “gratification” is defined as the following:
(a) money, donation, gift, loan, fee, reward, valuable security, property, or interest in the property being
(b) property of any description whether movable or immovable, financial benefit, or any other similar advantage;
(c) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
(d) any payment, release, discharge, or liquidation of any loan, obligation, or other liability, whether in whole or in part;
(e) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction, or percentage;
(f) any forbearance to demand any money or money’s worth or valuable thing;
(g) any other service or favor 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
(h) 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 EMPLOYEE means all employees, managers, agents, directors,s and individuals working for Amber Courier of all levels and positions whether full-time, part-time, contract, or temporary staff.
Corruption refers to the misuse of entrusted power of personal gain or enrichment or the misuse of the power of the position to achieve their needs improperly or unlawfully to enrich or empower themselves.
4.4 CONFLICT OF THE INTEREST
Conflict of interest when any person influences the outcome of the decision-making of process in the business by a person’s objectivity when performing duties or making a judgment on behalf of the Amber Courier. Amber Courier is committed to ensuring any ethical, legal, financial, or conflict of interest is prohibited no matter whether it is actual, potential, or perceived which may be financial or non-financial. The Employee must not use their power for personal gain or to the Amber Courier’s disadvantage. The Employee must report immediately to the CEO or manager when confronted with such conflict.
4.5 FACILITATION PAYMENT
The Facilitation Payments are to be made personally to government services or certain government processes in the control of a process or decision. The EMPLOYEES must make sure these payments are not paid even though it’s to secure or expedite the business. The director or manager must be immediately notified and consulted.
4.6 LOCAL AND INTERNATIONAL LEGISLATION
Amber Courier is committed to conducting business ethically and in compliance with country and international laws and regulations. The laws prohibiting bribery and corruption must mandate to establish and maintain the business to prevent corruption. In cases of conflict between MACCA, this Policy law shall prevail.
Whistleblower is the personnel of the Amber Courier who reports improper conduct that happens in the Amber Courier
5.0 GIFTS AND DONATION
Charitable contributions and sponsorship to the parties to develop and maintain the business relationship. Any charitable contributions by Amber Courier must be done with the approval of the CEO with transparency. The employees should not accept or gift anything to the other parties if it’ll influence the other parties to develop the business. The EMPLOYEES are also encouraged not involved in political donations or support any parties to obtain the business or advantages to Amber Courier.
6.0 RESPONSIBILITIES OF EMPLOYEES
The EMPLOYEE is encouraged to understand and comply with this Policy to conduct Amber Courier business. The Employee shall undertake to declare any actual or potential conflict of interest and comply with Amber Courier policies in the employment contract. If the EMPLOYEE finds out about bribery and corruption in the department, the EMPLOYEE must report immediately to the CEO or manager.
7.0 THE COMPLIANCE OF ANTI-BRIBERY AND ANTI-CORRUPTION
The manager must oversight the implementation of compliance controls related to the policy. The EMPLOYEE shall conduct regular assessments to judge bribery and corruption in Amber Courier. The reviews are from time to time in the development of the legislature to evolving industry and international standards.
8.0 RECORDS KEEPING
The EMPLOYEES must ensure that all invoices, accounts, documents, permits, PYTO, and records relating to dealings with other parties are prepared and maintained with accuracy and completeness. Any gifts, hospitality, travel, or entertainment offered by other parties must submit the details to the department in charge of internal audit to minimize the risk of financial outflow in contravention of anti-bribery or anti-corruption laws. All claims relating to traveling, gifts, hospitality, and entertainment must be approved by the head of the department with strict accuracy and completeness.
The Amber Courier will conduct or send the EMPLOYEE to attend the awareness programs for anti-bribery and anti-corruption organized by Amber Courier, Customs, or Other Government Agencies. The Amber Courier will record the training in collaboration with company compliance and integrity.
The EMPLOYEE has the responsibility to ensure that suspected bribery and corruption incidents are reported immediately. When the associated partner or the Employee is suspected of breach of the Anti-Bribery and Anti-Corruption, the whistleblowing channels below: –
i: Senior Independent Director
ii: Department Manager
iii : Managing Director
iv: Chief Executive Director
b. WhatsApp Hotline: +6013 881 0307
c. Letter to Company Compliance and whistleblowing unit at:
Amber Courier Sdn Bhd
No.96, Lorong Setia Raja 4H, Stutong Avenue 2, 93350 Kuching, Sarawak, Malaysia
Amber Courier and the board of directors are committed to monitoring compliance with this policy and reviewing the policy regularly to ensure it is adequate where certification is available. The management reserves the right to amend, modify, suspend, or terminate this policy at any time with or without notice.
Date: 1st JUNE 2018