Anti-Bribery and Corruption (ABC) Policy

Belianemas Synergy Sdn. Bhd. (The Company) is committed to conducting its business activities ethically and legally by complying with all applicable laws. This includes compliance with the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”).

The Company will take reasonable and appropriate measures to ensure its businesses do not involve in any form of corrupt activities. All employees and Directors are required to be committed to acting professionally and with integrity in their business dealings.

The purpose of this document is to provide guidance to the employees and Directors concerning bribery and corruption and will serve as the company’s policy which sets out the parameters to prevent the occurrence of bribery and corrupt practices in relation to the businesses of the company (“The Policy”). This policy is supplemental to, and shall be read in conjunction with our Code of Conduct and Whistle-blower Policy, copies of which can be obtained from our website at www.belianemas.com.my.

Generally, bribery is the offering, promising, giving, accepting or soliciting of an advantage as an inducement for action which is illegal, unethical or a breach of trust. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.

The objective of the Policy is to provide information and guidance to the Directors and employees of the Company on standards of behaviour to which they must adhere to and how to recognize as well as deal with bribery and corruption.

This Policy is not intended to be exhaustive, and there may be additional obligations that Directors and employees are expected to adhere to or comply with when performing their duties. This Policy is designed to help Directors and employees to identify when something is prohibited so that bribery and corruption is avoided. For all intents and purposes, the Directors and employees shall always observe and ensure compliance with all applicable laws, rules and regulations to which they are bound to observe in the performance of their duties.

This Policy applies to all Directors, officers, employees (full and part time) and temporary workers of the company.

Each Director and employee have a duty to read and understand the Policy. Violation of any of the Policy’s provisions may result in disciplinary action, including termination of employment.

If any Director requires further clarification on the Policy, the Director may liaise with the Managing Director, as for employees, they may refer or highlight any concerns to their immediate superior or head of division/department.

As a general principle, the Directors and employees should not accept or give a gift to a third party if it is made with the intention of influencing the third party to obtain or retain business, or in exchange for favours or benefits. In addition, lavish or unreasonable gifts or hospitality should not be accepted as such gifts or hospitality may be perceived or interpreted as attempts by the Directors or employees to obtain or receive favourable business treatment for personal benefits.

The Directors and employees should be mindful in giving or receiving gifts or hospitality as it could be perceived as a way of improperly influencing the decision making of the recipient. Hence, the intention behind the gifts or hospitality should always be considered.

This Policy however does not prohibit normal business hospitality, so long as it is reasonable, appropriate, modest and bona fide corporate hospitality.

Some examples of acceptable gifts and/or benefits are as follows:

1. token gifts offered in business situations or to all participants and attendees for example, work related seminars, conferences, trade and business events;
2. gifts presented at work-related conferences, seminars and/or business events;
3. gifts given in gratitude for hosting business events, conferences and/or seminars;
4. refreshments or meals during meetings or as participants of work-related conferences and/or seminars; and
5. meals for business purposes.

Bribes can take many forms, for example:

1. money (or cash equivalent such as shares);
2. unreasonable gifts, entertainment or hospitality;
3. kickbacks;
4. unwarranted rebates or excessive commissions;
5. unwarranted allowances or expenses;
6. “facilitation” payments/payments made to perform your normal job more quickly and/or prioritise a particular customer/person;
7. political/charitable contributions;
8. uncompensated use of company services or facilities; or
9. anything else of value.

• Facilitation Payments

Facilitation payments are unofficial payments or other advantages made to secure or expedite the performance of a routine action by an officer of public body. Directors or employees shall not promise or offer, or agree to give or offer, facilitation payments to an officer of any public body as defined in the MACC Act.

• Third Parties and Agencies

All third parties, including agents, sub-contractors, suppliers and joint venture partners 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.

• Political Contribution

Subject to any prevailing law that govern political contribution, the Group may make contribution to political parties or candidates. All political contributions require approval from the Managing Director. The records of all political contributions shall be kept by the Managing Director’s office.

• Charitable Contribution

Charitable support and donations are acceptable (and indeed are encouraged), whether of in-kind services, knowledge, time, or direct financial contributions. However, Directors and employees must be careful to ensure that charitable contributions are not used as a scheme to conceal bribery. No donation can be offered or made without the prior approval of the Head of Department and Managing Director. The records of all charitable contributions shall be properly kept by the Company.

It is important that proper and complete records be maintained of all payments made to third parties in the usual course of business as these would serve as evidence that such payments were bona fide, and not linked to corrupt and/or unethical conduct. All accounts, invoices, documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with accuracy and completeness.

Employees must declare all hospitality or gifts accepted or offered, and submit details to the person in-charge who is assigned by the respective Division/Department for recording into a register which will be subject to internal audit review. Employees must also ensure that all expense claims relating to hospitality, gifts or expenses incurred to third parties are approved by the Head of Department and must be specifically recorded the reason for such expenditure.

The Company will comply with all applicable laws, rules and regulations of the Governments, commissions and exchanges in jurisdictions within which the Company operates. Directors and employees are expected to understand and comply with the Malaysian Anti-Corruption Commission Act 2009 (including any amendment thereof). The Group reserves the right to report any actions or activities suspected of being criminal in nature to the police or other relevant authorities.

Any Employee who knows of, or suspects, a violation of the Policy, is encouraged to whistle blow or report the concerns through the mechanism set out under the Company’s Whistle Blowing Policy. It is important that you tell the Chairman of Whistleblowing Committee as soon as possible if you are being offered a bribe. The provision, protection and procedure of the Whistle Blowing Policy for reporting of the violations of the Policy are available on the Company’s website. 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.

Failure to report an act of giving and offering bribes is an offence under the section above-mentioned. Corruption is punishable by imprisonment not exceeding 20 years and a fine of not less than five (5) times the sum or value of the gratification that is subject matter of the offence, where gratification is capable of being valued or is of a pecuniary nature, or RM10,000 whichever is higher.

The Board will monitor compliance with the Policy and review the Policy regularly to ensure that it continues to remain relevant and appropriate.