4.1. Bribery Bribery is defined as any action which would be considered as an offense of giving or receiving “gratification” ruled out by MACCA. This means an individual is taking actions such as offering, receiving, or soliciting something of value in an attempt to illicitly influence the decision or actions of a person in a position of trust within an organization. “Gratification” in MACCA definition: (a) Money, donation, gift, loan, fee, reward, valuable security, property or interest in the property is the property of any description whether movable or immovable, financial benefits, or any other similar advantage; (b) Any payment, release discharge, or liquidation of any loan, obligation, or other liability, whether in whole or in part;
(c) Any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
(d) Any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction, or percentage;
(e) Services or favor of any description, including protection from any penalty and forbearance to demand any money or money’s a worth or valuable thing.
Bribery also includes when someone acting on behalf of the Company in an attempt to influence the actions of someone external such as a Government representative and client. It also involves where an external party is attempting to influence someone within the company such as the Company’s decision-maker or someone with access to confidential information.
An external party with whom the organization has, or plans to establish, some form of a business relationship which includes: clients, representatives, outsourcing providers, consultants, employees, the board of directors, joint venture partners, and investors.
Under the MACCA definitions of corruption as stated under the Malaysian Anti-Corruption Commission Act 2009 – Corruption may also include acts of extortion, collusion, breach of trust, abuse of power, trading under the influence, embezzlement, fraud, or money laundering.
4.4. Conflict of Interest
When a person’s own interest either influence, have the potential to influence or are perceived to influence their decision making of the Company.
4.5. Donations and Sponsorship
Charitable contributions and sponsorship payments made to support a body, NGO, or the community. This includes political donations.
4.6. Facilitation Payments
Must never make or use third parties to make an unofficial payment in order to secure or expedite routine administrative actions, such as customs clearances, visas, permits, or licenses.