Introduction

SAFETYWARE SDN BHD and all its subsidiaries (“Safetyware Group”) is committed to conducting business dealings with the highest standard of ethics and integrity. Safetyware Group will avoid practices of Bribery and Corruption of all forms in Safetyware Group’s daily operation. This Anti- Bribery and Anti-Corruption (“ABAC”) Policy outlines Safetyware Group and all its subsidiaries principles and standards in order to ensure that all Employees and Associated External Parties understand their responsibilities in compliance with Safetyware Group’s zero tolerance policy towards Bribery and Corruption.

1.1 This Policy applies to all Employees and Associated External Parties of Safetyware Group.

1.2 All Employees and Associated External Parties of Safetyware Group must refrain from any acts of Bribery and Corruption, whether it is for their own personal benefit or for the benefit of Safetyware Group. Safetyware Group strictly does not tolerate any bribes given or accepted for personal gain, or for the purposes of obtaining or retaining business for or providing a business advantage to Safetyware Group.

1.3 This ABAC shall be read in conjunction with the Malaysia Anti-Corruption Commission Act 2009 and its 2018 amendments (‘MACCA”). In the event of any conflict between the principles and standards set out in this ABAC and the prevailing and/or such other applicable laws, the law shall prevail.

1.4 Any Employees who breaches this Policy will be subjected to disciplinary actions, including dismissal. Any Associated External Parties who breaches this Policy will face severe consequences, including termination of the business relationship by Safetyware Group. Safetyware Group may notify the relevant regulatory authorities of any bribery or corruption practices upon investigation. Safetyware Group shall provide full co-operation to the regulatory authorities including potential criminal investigation and prosecution that may be taken against such Employees and/or Associated External Parties.

2.1 “Associated External Parties” refers to all associated external parties acting on behalf of or for Safetyware Group whom has, or plans to establish, some form of business relationship, including but not limited to, agents, contractors, consultants, suppliers, service providers, associate companies, business partners and joint venture partners or entities.

2.1. “Bribery” includes offering, promising, giving, authorizing, demanding or receiving anything of value to anyone in the form of bribes and/or any other improper gratification (see definition in clause 2.3 below), in order to improperly influence the outcome of any transaction.

2.2. “Corruption” is defined by Transparency International Malaysia as the abuse of entrusted power for private gain. It may also include acts of extortion, collusion, breach of trust, abuse of power, trading under influence, embezzlement, fraud or money laundering.
“Employees” refer to all individuals directly contracted to Safetyware Group on an employment basis, including permanent and temporary employees and office bearers.

2.3. “Gratification” shall have the meaning defined in the Malaysian Anti-Corruption Commission Act 2009 and its 2018 amendment to include:

2.3.1. money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
2.3.2. any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
2.3.3. any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
2.3.4. any valuable consideration of any kind, any discount, commission, rebate,” bonus, deduction or percentage;
2.3.5. any forbearance to demand any money or money’s worth or valuable thing; 2.3.6. 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 of any right or any official power or duty; and
2.3.7. any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs 3.2.1 to 3.2.6.

3.1. Facilitation payments falls within the interpretation of gratification under the MACCA and therefore constitute a criminal offence and are strictly prohibited by Safetyware Group.

3.2. Facilitation payments are payments by a person to induce and/or secure performance of a routine duty which that person is already obliged to perform.

3.3. Employees should not pay facilitation payments, except where their safety (e.g. life and limb) is being threatened. In such a case, the Employee shall immediately report to the Anti-Bribery and Corruption Officer.

4.1. Safetyware Group practise “No Gift Policy”. Employees and/or his immediate family are not allowed to give or accept gifts, entertainment or other benefits to or from business partners. Notwithstanding this, Safetyware Group recognises that the occasional acceptance or offer of gifts, entertainment, food or other benefits that may be a legitimate custom or practice in business relationships provided that the following guidelines shall be observed:-

4.1.1 Transparency. Employees should be comfortable to disclose to their colleagues of the gifts, entertainment, food or other benefits offered/received.
4.1.2 Recipients. Employees should only offer/accept gifts, entertainment, food or other benefits to/from those who will not put them in a position of conflict.
4.1.3 Ability to Influence. The gifts, entertainment, food or other benefits must not be offered/accepted when there is a pending business decision.
4.1.4 Value. The gifts, entertainment, food or other benefits must be modest and must not be so frequent as to place the recipient under an obligation.
4.1.5 Purpose. The intention behind the gifts, entertainment, food or other benefits must not be interpreted as to gain unmerited advantage.

4.2. No Gift Policy exceptions are:

4.2.1. Gifts Employees obtain or given during exhibitions, conferences, seminars, that are offered equally to all members of the public attending the event
4.2.2. Cards, thank you notes, certificates or calendars
4.2.3. Food and beverages supplied by/to customers, suppliers and vendors in the interest of building positive business relationships.

5.1 Any charitable donations or contribution shall be made to community projects or charities in good faith and in compliance with Code of Conduct and Ethics, ABAC and all relevant policies and procedures and must be approved by the Board.

5.2 Employees must ensure that all donations and sponsorships by Safetyware Group are not used to circumvent, avoid or evade the laws and regulatory requirements. More importantly, it shall not be used to facilitate corruption.

6.1. Business rewards, rebates, discounts, provisions of free products and services or other incentives that are offered or received should not be contradictory with anti-corruption laws and regulations or formulated to obtain or retain an undue business advantage.

6.2. Business-related incentives offered or provided must fulfil the following conditions:

6.2.1. formally documented (e.g. rewards program or credit policy);
6.2.2. applicable to all or based on standardized parameters (e.g. applicable to all customers or applicable to customers exceeding certain order amounts).

7.1. Safetyware Group has and will continue implementing due diligence checks on all Employees and Associated External Parties before appointment or engagement.

7.2. For business arrangements or activities which bear a higher corruption risk, as determined by Safetyware Group from time-to-time, Safetyware Group may mandate the Associated External Parties to put in place policies and procedures to prevent the conduct of corruption activities.

8.1. Proper, accurate and complete records of all transactions made by Safetyware Group must be maintained, including corporate records, timesheets, work records, supply records, bank statements, accounts, receipts, invoices and other supporting documentation.

8.2. These records shall be retained for at least seven years from the period to which they relate.

9.1. Safetyware Group will conduct awareness programmes for Employees of anti-bribery and anti-corruption measures and to continuously promulgate integrity and ethics. In addition, Safetyware Group will provide anti-bribery and anti-corruption training to newly appointed staff.

9.2. This Policy will be reviewed from time-to-time if deemed necessary based on circumstantial requirements to ensure it remain relevant and in compliance with the current law.

9.3. This Policy must be communicated to all Safetyware Group’s Associated External Parties at the outset of the business relationship and as appropriate thereafter.

9.4. Safetyware Group Human Resources shall maintain all records of anti-bribery and anti-corruption briefing and training.

Safetyware Group has put in place Whistleblowing Policies and Procedures to provide a “confidential and safe avenue for all Employees and Associated External Parties and members of the public to disclose any suspected, attempted or actual acts of bribery or corruption. Click on https://safetyware.com/whistle-blowing-policy/ for more details.

In the event of suspected, attempted or actual bribery or corruption committed by our Employees and Associated External Parties, Safetyware Group reserves the right to institute an investigation or enquires, either conducted internally or by an external party.

12.1 Where Employees are unsure on any practices which relate to this Policy, he/she must always consult the Head of Department.

12.2 Where Associated External Parties are unsure on any practices which relate to this Policy, he/she must always consult the Anti-Bribery and Anti-Corruption officer’, of which the details are set out as follows:

Name : Ms Agnes Tan
Contact no : +604-5023882
Email address : cltan@safetyware.com.my