The purpose of this policy is to provide information and guidance to the directors and employees of Tuck Sun Logistics Sdn. Bhd. (“TUCK SUN”) on standards of behaviour to which they must adhere to and how to recognise as well as deal with bribery and corruption. This policy is not intended to be exhaustive, and there may be additional obligations that the directors and employees are expected to adhere to or comply with when performing their duties. 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.
- Policy statement
Bribery is the offering, promising, giving, accepting or soliciting of an advantage as an inducement for action which is illegal. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
Corruption is the abuse of entrusted power for private gain.
It is TUCK SUN’s policy to conduct all business in an honest and ethical manner. TUCK SUN takes a zero-tolerance approach to bribery and corruption and is committed to acting professionally, fairly and with integrity in all business dealings and relationships operated. TUCK SUN is committed to upholding all laws relevant to countering bribery and corruption under but not limited to the Malaysian Anti-Corruption Commission Act 2009.
In this policy, third party means any individual or organisation TUCK SUN comes into contact with during its course of work which includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties (“THIRD PARTY”). This policy applies to all employees of TUCK SUN working at all levels and grades, including senior managers, officers, directors, employees (whether permanent, fixed-term or temporary),consultants, contractors, trainees, seconded staff, homeworkers, casual workers and agency staff, volunteers, interns, agents, sponsors, or any other person associated with TUCK SUN, or any of TUCK SUN’s subsidiaries or their employees, wherever located (collectively referred to as “EMPLOYEES” in this policy).This policy covers:
- Gifts and hospitality;
- Facilitation payments;
- Charitable contributions.
- Guidance on Common Forms of Bribery and Corruption
EMPLOYEES must refrain from any acts of bribery which takes the form of offering, promising, giving, demanding or receiving anything of value to anyone in the form of bribes, kickbacks and/or any other improper gratification to improperly influence the outcome of any transaction, whether it is for their own personal benefit or for the benefit of TUCK SUN.
Under section 3 of the Malaysian Anti-Corruption Commission Act 2009, “gratification” includes anything of monetary and non-monetary value or benefit to a person. 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.
4.2 Gifts and Hospitality
Giving or receiving gifts or hospitality is often an important part of maintaining and developing business relationships. However, all gifts and hospitality should be for a genuine purpose, reasonable and given in the ordinary course of business.
Some examples of acceptable gifts and/or hospitality are as follows: –
a) token gifts offered in business situations or to all participants and attendees such as in work-related seminars, conferences, trade and business events;
b) gifts presented at work-related conferences, seminars and/or business events;
c) gifts given in gratitude for hosting business events, conferences and/or seminars;
d) refreshments or meals during meetings or as participants of work-related conferences and/or seminars; and
e) meals for business purposes.
As a general principle, EMPLOYEES should not accept or give a gift to 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 EMPLOYEES to obtain or receive favourable business treatment for personal benefits. 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.
4.3 Facilitation Payments
Facilitation payments (also known as grease payments) are payments made for certain government services or to accelerate certain government processes that is otherwise legally entitled by the person without making any payments. EMPLOYEES should ensure that these facilitation payments are not paid.
4.4 Charitable and Political Contributions
Any charitable contributions by TUCK SUN must be done with the approval of the executive director(s) and it must be done in a transparent manner for social and moral responsibility. It should never be paid in exchange for any business implications to TUCK SUN, whether it is to obtain a business, or to obtain some form of advantage of the business of TUCK SUN.
EMPLOYEES are encouraged to make charitable contributions in their personal capacity, but it should never be in exchange for any improper purposes that affects the business of TUCK SUN.
EMPLOYEES should not agree or promise to provide any form of political donation or support particularly where it is to obtain any business or advantage to TUCK SUN. Any requests for political donations should be brought to the attention of the executive director(s) immediately.
5. Record Keeping
EMPLOYEES shall ensure that all accounts, invoices, documents and records relating to dealings with THIRD PARTY are 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 PARTY are approved by the head of division/ department and must be specifically recorded the reason for such expenditure.
- Raising concerns
EMPLOYEES are encouraged to raise genuine concerns about possible improprieties in the conduct of TUCK SUN’s business, whether in matters of financial reporting or other operational or non-operational irregularities or malpractices, at the earliest opportunity in an appropriate way. If any employee believes reasonably and in good faith that bribery and corruption activities exist in the workplace, then he/she should report this immediately to his/her line manager or to the most senior person in the division/ department.
- Review of the Policy
TUCK SUN and its board of directors shall monitor compliance with this policy and review the policy regularly to ensure that it continues to remain relevant and appropriate.