Belive Mobile Sdn Bhd(Company
No. 745406-V)
ANTI-BRIBERY AND CORRUPTION POLICY &
PROCEDURES
1. INTRODUCTION
Belive Mobile Sdn Bhd ("Belive
Mobile") is committed to achieving and maintaining the highest standard of
integrity and work ethics in the conduct of its business and operations as well
as complying with all applicable laws.
This includes compliance with Malaysian
Anti-Corruption Commission Act 2009 ("MACC Act"). Belive
Mobile has adopted a zero-tolerance policy against all forms of bribery and
corruption.
This Policy is to provide guidance to
all employees and associates of Belive Mobile
concerning compliance with Anti-Bribery and Corruption Policy and Procedures
("ABAC"). This guidance relates to specific acts of bribery and
corruption and also to related matters such as proper
reporting and accounting. It is also intended to apply to every director
(executive and non-executive) except as otherwise stated in this Policy.
Joint-venture companies in which Belive Mobile is a
noncontrolling co-venture and associated companies are encouraged to adopt
similar principles and standards. Belive Mobile also
expects that contractors, subcontractors, consultants, agents, representatives
and others performing work or services for and on behalf of Belive
Mobile will comply to the relevant parts of this Policy when performing such
work or services.
If you have any doubt about the scope
of applicable laws or the application of the Belive
Mobile's policies concerning the fight against bribery and corruption, you
should contact your Head of Department immediately. Engaging in bribery or
corrupt practices can have severe consequences for you and for Belive Mobile. You may face the necessary disciplinary
actions provided under the Employees Handbook, fines and imprisonment, and the
Company may face damage to reputation, financial loss and disbarment from
business and other negative consequences.
2. DEFINITIONS
The term "employee"
means any person who is in the employment of Belive
Mobile including but not limited to executives, non-executives, secretaries,
secondees and individuals on direct hire.
The term "Agent"
means agents, representatives, consultants, contractors, suppliers, or any
other intermediary that provides services.
The term "family member"
includes spouse(s), children (including step-children and adopted children),
parents, step-parents, siblings, step-siblings, grandparents, grandchildren,
in-laws, uncles, aunts, nieces, nephews and first cousins, as well as other
persons who are members of the household.
The term "Belive
Mobile" means Belive Mobile Sdn Bhd and its subsidiaries and
controlled companies. The expression "Belive
Mobile" is used for convenience where reference are
made to Belive Mobile Sdn Bhd in general. The companies in which Belive
Mobile has direct or indirect shareholding are distinct legal entities.
3. "NO GIFT & ENTERTAINMENT" POLICY
Belive Mobile has adopted a "No Gift & Entertainment"
Policy whereby, subject only to certain narrow exceptions, Belive
Mobile employees, directors or agents (executive and non-executive) and family
members are prohibited from, directly or indirectly, receiving or providing
gifts & entertainment. Belive Mobile requires
employees, directors or agents to abide to this policy to avoid conflict of
interest or appearance of conflict of interest for either party in on-going or
potential business dealings between Belive Mobile and
third parties as a gift or entertainment can be seen as a bribe that may
tarnish Belive Mobile's reputation or be in violation
of anti-bribery and corruption laws. It is the responsibility of employees,
directors or agents to inform third parties involved in any business dealings
with Belive Mobile that Belive
Mobile practices "No Gift & Entertainment Policy" and request the
third party's understanding for and adherence with this policy.
4. POLICY STATEMENT
It is the policy for Belive Mobile to conduct all Belive
Mobile's business in an honest and ethical manner. Belive
Mobile takes zero-tolerance approach to bribery and corruption. Belive Mobile is committed to acting professionally, fairly
and with integrity in all business dealings and relationships whenever Belive Mobile operate and implementing and enforcing
effective systems to counter bribery. Belive Mobile
will uphold all laws relevant to countering bribery and corruption in all the
jurisdictions in which Belive Mobile operates.
However, Belive Mobile remains bound by the laws in
Malaysia in respect of its conduct both at home and abroad.
5. RECOGNISING BRIBERY AND CORRUPTION
The following is the definition for
Bribery and Corruption:
Bribery and Corruption means any
action which would be considered as an offence of giving or receiving
'gratification' under the MACC Act 2009. In practice, this means offering,
giving, receiving or soliciting something of value in an
attempt to illicitly influence the decisions or actions of a person who
is in a position of trust within an organisation.
Some specific situations in which
bribery and corruption risks typically arise are scheduled in the Procedures
below.
It is irrelevant whether the person
who receives the bribe works in the public or private section.
A bribe could involve:
The
direct or indirect promise, offer, authorisation, or provision of anything of
value.
The
offer or receipt of any kickback, loan, fee commission, reward, or other
advantage.
The
giving of contributions or donations designed or stipulated to influence the
recipient to act in the giver's favour.
The purpose of a bribe is often to
obtain, retain or "facilitate" business, where the person receiving
the bribe is, or maybe, in a position to provide that kind of business
advantage to the party offering the bribe.
This may involve sales initiatives,
such as tendering and contracting; or, it may simply
involve the handling of administrative tasks such as licenses, customs, taxes
or acquisitions or investments matter. It does not matter whether the act of bribery
is committed before or after the tendering of a contractor the completion of and administrative
task.
The party offering a bribe might be:
An
employee, officer or director.
Any
person acting on behalf of Belive Mobile (e.g. third
parties, Agents).
Individuals
and organisations representing Belive Mobile that
authorise someone else to carry out these acts.
And the recipient of a bribe could
(but not always) be a government official. For the purposes of this policy, a
government official could be any of the following or their relatives:
A
public official, whether foreign or domestic.
A
political candidate or party official.
A
representative of a government-owned/controlled organisation.
An
employee of a public international organisation or non-governmental
organisation.
6. HOW TO RAISE A CONCERN
This Policy cannot provide an employee
with comprehensive solutions to every potential bribery or corruption situation
that may arise. In case of uncertainty about the correct response to any
situation, employees are required to discuss the situation with their Head of Department,
and Legal about any ethical or legal problems.
All employees, directors and Agents have a
responsibility for helping detect, prevent and report instances of bribery and
any other suspicious activity or wrongdoing. Belive
Mobile is absolutely committed in ensuring that all of us have a safe, reliable
and confidential way of reporting any suspicious activity. Belive
Mobile has in place a Whistle blowing policy to provide the assurance to each and every employee on how they could speak up without
fear of doing so.
If an employee is concerned that a corrupt act
of some kind is being considered or carried out either within Belive Mobile, by any of Belive
Mobile's third parties or by any of our competitors - they should, in the first
instance, report it to the Head of Department immediately. In addition,
employees who whistle blow internally will be protected against detrimental
action for having made the extend reasonably practicable.
Further details can be found at Belive Mobile Whistleblowing Policy at the Company's website.
7. INVESTIGATION, REMEDIATION, DISCIPLINE
If Belive
Mobile determines that an employee, director, or Agent has not complied with
any provision of this Policy, it may take appropriate action, which can include
ending of and employee's employment or an Agent's contract, initiating proper
legal action and/or notifying the proper authorities regarding the violation.
8. PROCEDURAL MATTERS
Risk Assessment
Business practices around the world
can be deeply rooted in the attitudes, cultures and economic prosperity of a
particular region - any of which can vary. Heads of Department or Chief Executive
Officers must regularly and at least annually assess the vulnerability of each country
business unit to the risk of bribery and corruption. Proper risk assessment
allows for evaluation and mitigation of the risk of bribery and corruption in a
particular country or region.
Due Diligence
Depending upon the degree of risk, as
determined by risk assessment, anti-corruption due diligence reviews may be
needed for hiring of employees and the vetting of Agents and other third
parties who work or will work on behalf of Belive
Mobile. ABAC due diligence should also be performed as part of any acquisition
process and when establishing a joint venture.
Accurate Books and
Record-keeping
Belive Mobile must keep financial records and have
appropriate internal controls in place, which will evidence the business reason
for making payments to third parties. Each Department must declare and keep a
written record of all hospitality or gifts accepted or offered, which will be
subject to managerial review. Belive Mobile must
ensure all expenses claims relating to hospitality, gifts or expenses incurred
to third parties are submitted in accordance with Belive
Mobile's expenses or No Gift & Entertainment policy and specifically record
the reason for the expenditure.
All accounts, invoices, memoranda and other
documents and records relating to dealings with third parties, such as clients,
suppliers and business contacts, should be prepared and maintained with strict
accuracy and completeness. No accounts must be kept "off-book" to
facilitate or conceal improper payments.
Effective Internal Control
and Monitoring
Belive Mobile maintains a system of internal
controls which can be found in other documentation. Heads of Department or
Chief Executive Officers are responsible for monitoring adherence to this
Policy designed to prevent or detect bribery and corruption. The approvals and
documentation identified in this Policy and Procedure document will be subject
to regular review.
Training and Awareness
Training on this Policy forms part of
the induction process for all new employees. All existing employees shall
receive regular, relevant training on how to implement and adhere to this Policy.
In addition, all employees will be asked to formally accept conformance to this
Policy on an annual basis. Belive Mobile's
zero-tolerance approach to bribery and corruption must be communicated to all
suppliers, agents, contractors and business partners at the outset of Belive Mobile's business relationship with them and as
appropriate thereafter.
9.0 BRIBERY AND CORRUPTION RISKS
This section deals with some specific
situations that may present concern about the potential bribery or corruption.
9 .1 Use of Agents
The actions of an Agent can expose Belive Mobile to liability under the anti-bribery and corruption
laws. As such, a level of due diligence appropriate to the market standards
should be undertaken prior to their appointment and retention or at renewal of
any agreement. Relationships with Agents that do not comply with this Policy or
raise red flags should be brought to the attention of the Management who will
decide what will happen with the relationship. This may include additional
compliance steps or an immediate cessation of the relationship. If required by
the risk assessment, provisions to the following effect should be included in
an Agent's agreement:
Agent
will not pay or take bribes.
Agent
will be paid by cheque or wire to the Agent and not to another third-party
organisation.
Agent
must acknowledge familiarity with and adherence to anti-bribery and corruption
laws.
Agent
will be required to maintain adequate books and records and allow them to be
inspected by Belive Mobile.
Agent
will inform Belive Mobile if Agent learns of actual
or attempted bribery affecting Belive Mobile business, and will cooperate with any anti-bribery and
corruption related investigation by Belive Mobile.
Belive Mobile will be able to terminate the Agent's
agreement if, in Belive Mobile's view, that the Agent
has violated any of the provisions in the ABAC.
Careful considerations must be taken
before Belive Mobile establishes an agency arrangement
to understand the Agent's connection, if any, to a government office. In selecting
Agents, it is important to establish whether:
A
government official has any ownership connection with the Agent.
The
Agent is a candidate for political office or a consultant to a government.
The
Agent is a government official or has close family or business ties with a
government official.
Any concerns about an Agent's
relationship with a government official must be disclosed with And approved by the Chief Executive officer.
9.2 Receiving Gifts
Belive Mobile is very much aware that the exchange
of gifts can be a very delicate matter where, in certain culture or situations,
gift giving is a central part of business etiquette. Despite acknowledging Belive Mobile's No Gift & Entertainment Policy, some
third parties may still insist in providing gifts to Belive Mobile's employees, directors and/or their family
members in certain situations which do not fall within the general exceptions. Although,
it is Belive Mobile's general practice to immediately
refuse or return such gifts, accepting a gift on behalf of Belive
Mobile is allowed only in very limited circumstances, whereby refusing the gift
is likely to seriously offend and may severe Belive
Mobile's business relationship with the third party. However, in no
circumstances may an employee, director or his/her family members accept gifts
in the form of cash or cash equivalent.
In these limited circumstances,
employees are expected to immediately report the gift in the Declaration Form
referred to in the No Gift & Entertainment Policy to the Head of Department
of Belive Mobile, who will then decide whether to
approve the acceptance of the gift(s) or require it to be returned. Directors
should inform the Company Secretary, as soon as reasonably practicable, to seek
his/her advice when faced with a similar situation.
Even if it may appear disrespectful to
refuse a gift from a third party, nevertheless, if there is a conflict of
interest situation (e.g. bidding is in progress and the company that gave the
gift is one of the bidders) then clearly the Head of Department cannot approve the
acceptance of the said gift (in the case of the directors, the Company
Secretary would advise the same). In this situation, the gift must be politely
returned with a note of explanation about the Company's "No Gift &
Entertainment" policy.
In the event the Head of Department
approves the acceptance of the gift, he/she must also determine the treatment
of the gift whether to:
(i) Donate the gift to charity; or
(ii) Hold
it for departmental display; or
(iii) Share
with other employees in the department; or
(iv) Permit
it to be retained by the employee.
The Head of Department in approving
the acceptance of the gift must exercise proper care and judgement in each
case, taking into considerations pertinent circumstances including the character
of the gift, its purpose, the position/seniority of the person(s) providing the
gift, the business context, reciprocity, applicable laws and cultural norms.
There are certain types of gifts which
are never permissible and Belive Mobile employees,
directors or agents should immediately refuse if it involves the following:
Any
gift of cash or cash equivalents. Cash equivalent in the form of vouchers,
discounts, coupons, shares, and commission etc.
Any
gifts involving parties engaged in a tender or competitive bidding exercise.
Any
gifts that comes with a direct/indirect suggestion, hint, understanding or
implication that in return for the gift, some expected or desirable outcome is
required ("quid pro quo").
Any
gift that would be illegal or in breach of local or foreign bribery and
corruption laws.
Any
gift which is lavish or excessive e.g. valued above the maximum threshold
permitted by Belive Mobile or may adversely affect
the reputation of Belive Mobile.
You must immediately return or decline
any gift that falls within the abovementioned categories.
9 .3 Providing Gifts
Generally, employees, directors or
Agents are strictly prohibited from providing gifts to third parties save in
respect of the director(s), CEO, and any other officers identified in the No
Gift & Entertainment Policy.
9.4 Exceptions to the
"No Gift" policy
However, there are certain exceptions
to the general rule whereby receiving and provision of gifts are permitted in
the following situations:
(i) Gift given by the Company to external
institutions or individuals in relation to the Company's official functions,
events and celebrations (e.g. commemorative gifts or door gifts for events);
(ii) Gifts
from the Company to its directors and employees and/or their family members in
relation to an internal and/or externally recognized company function, event
and celebration (e.g. in recognition of a director's or employee's service to
the Company);
(iii) Gifts
exchange at the company-to-company level (e.g. gift exchanged between companies
as part of an official company visit/courtesy call and thereafter the said gift
is considered as Company's property);
(iv) Token
gifts of nominal value bearing the Belive Mobile or
Company's logo (e.g. t-shirts, pens, diaries, calendars and other small
promotional items) or that are distributed to the members of the public,
customers, partners and key stakeholders who attend events such as conferences,
training, tradeshows, exhibitions etc. and deemed as part of the Company's
promotional activities or brand building; and
(v) Gifts
to third parties who have no business dealings with the Company (e.g. donations
of monetary gift or gifts-in-kind to charitable organisations).
Even in the above exceptional
circumstances, employees, directors, or agents of Belive
Mobile are expected to exercise proper judgement in handling gift activities
and behave in a manner consistent with the general principles set out in Company
handbook.
9.5 Providing Entertainment
Providing modest entertainment is a
common practice within the business environment to building business
relationship and foster good business relationships with external clients. As such,
eligible employees are allowed to entertain clients
through a reasonable act of hospitality as part of business networking as well
as a measure of goodwill towards the recipients.
In some countries, the act of
hospitality through entertainment is a central part of business etiquette.
However, this may necessarily be the case in every country or in all
circumstances as it may create a negative perception if observed or known by
others despite selfless motives behind the entertainment provided.
Employees, directors or Agents should
always bear in mind that this is an area where perception is often regarded as
more important than facts and therefore there should always be exercise of
proper care and judgement in providing entertainment to third parties especially
when it involves public officials to ensure compliance with local anti-bribery
and corruption laws.
Employees, directors and Agents are
strictly prohibited from providing or offering to provide entertainment with a
view to improperly cause undue influence on any party in exchange for some
future benefit or result. You are
expected to comply with the policies and procedures and maintain expenses
within the limits of their entitlement when carrying out the entertainment
activities.
9 .6 Receiving Entertainment
Belive Mobile recognises that there are occasional acceptance of a reasonable and modest level
of entertainment provided by the third parties in the normal course of business
in a legitimate way to network and build good business relationship.
However, it is important for
employees, directors or Agents to exercise proper care and judgement before
accepting entertainment offered or provided by a third party. This is to not only
to safeguard the Company's reputation, but also to protect employees, directors
or Agents from allegations of impropriety or undue influence.
Employees are also expected to comply with the policies and procedures of Belive Mobile as set out in the No Gift & Entertainment Policy in relation to receiving entertainment from third parties.
There are certain types of
entertainment activities which are never permissible and Belive
Mobile employees, directors or Agents should immediately refuse if it involves
the following:
Any
entertainment that comes with a direct/indirect suggestion, hint, understanding
or implication that in return for the entertainment provided, some expected or
desirable outcome is required ("quid pro quo").
Any
entertainment activity that is sexually oriented or may otherwise tarnish the
reputation of Belive Mobile.
Any
entertainment activities that would be illegal or in breach of local or foreign
bribery and corruption laws.
Any
entertainment which is lavish or excessive or may adversely affect the
reputation of Belive Mobile.
You must immediately decline any
offers of entertainment that falls within the abovementioned categories.
9. 7 Providing Corporate
Hospitality
Belive Mobile recognises that providing corporate
hospitality to its stakeholders be it through corporate events, sporting events
or other public events is a legitimate way to network and build goodwill in
business relationships.
It is customary for Belive Mobile to issue complimentary invitations in the
form of passes, tickets, invitations to third parties for events organised or
sponsored by Belive Mobile or its subsidiaries as
well as events organised or sponsored by external organisations.
Some of the examples of corporate
hospitality provided by Belive Mobile are as follows:
Events
sponsored by Belive Mobile.
Events
organised by Belive Mobile.
Events
organised by external organisations for the benefit of that organisation or charitable
events.
While providing corporate hospitality
is a reflection of Belive Mobile courtesy and
goodwill, the respective Heads of Department must exercise proper care to
protect Belive Mobile's reputation against any
allegations of impropriety or the perception of bribery especially when the
arrangements could influence or be perceived to influence the outcome of a
business decision and are not reasonable and bona fide expenditures.
There should be also explicit, clear
and internally transparent criteria to determine the selection of guests to be
invited to a Belive Mobile corporate hospitality
event. Reasonable due diligence should be exercised, particularly when the
arrangements involve public officials.
There are various local and international
anti bribery and corruption laws that impose strict restrictions on the value
and level of entertainment and corporate hospitality to be accorded to third
parties, particularly when it is offered to government or public officials.
As part of Belive
Mobile's commitment to comply with applicable laws governing the provisions of
corporate hospitality to third parties, especially when it involves public
officials, and therefore expect employees to undertake the following:
(i) To publicise and make clear the
Company's policy on providing and receiving corporate hospitality;
(ii) To
obtain all necessary approvals for the issuance of complimentary tickets or
passes to corporate hospitality events in accordance with Belive
Mobile's Limits of Authority;
(iii) To
expressly notify the recipients in writing that all complimentary tickets or
passes are NON-TRANSFERABLE (e.g. the terms and conditions for use to be
printed on the tickets, passes or invitations). In the event
that the recipients are unable to attend, he/she is expected to return
the tickets or passes to Belive Mobile.
The unauthorised transfer of tickets
or passes to persons other than the named recipient may signify to others that
the invitation was extended to the recipient on his/her personal capacity.
Any travel arrangements for public
officials, business partners or customers must be pre-approved. Reasonable
meeting, travel or accommodation expenses are permitted if:
(i) A bona fide expenses
(i.e. within the normal scope of the business);
(ii) Related
to the promotion or explanation of products or needed for the performance of a
contract; and
(iii) Only for persons directly related to the
business (e.g. not spouses, relatives, family member, etc.
The Chief Executive Officer must
approve travel arrangements that could be deemed excessive.
Payments for all corporate hospitality
must be made directly by Belive Mobile to the service
provider. Detailed and itemized receipts of such expenses must be submitted
with the appropriate method for payment or reimbursement i.e. employee's
expense.
All expenses incurred to provide the
corporate hospitality must be properly documented, receipted and recorded in
the Company's records, which includes:
(i) The attendees by name;
(ii) Attendees
position in Belive Mobile or other company;
(iii) Location/type
of venue;
(iv) Purpose
of the meeting; and
(v) The
cost per attendee (estimated if not known).
9 .8 Receiving Corporate
Hospitality
Generally, employees, directors or
Agents are generally prohibited from soliciting corporate hospitality and they
are not allowed to accept hospitality that is excessive, inappropriate, illegal
or given in response to, or in anticipation of, or influence a favourable
business decision especially from parties engaged in a tender or competitive
bidding exercise (e.g. contractors, vendors, suppliers, etc).
Nevertheless, Belive
Mobile do recognises that the occasional acceptance of a reasonable level of hospitality
given in the normal course of business is a legitimate way to maintain and build
good business relationships. However, it is important for employees, directors
or Agents to exercise proper care and judgement before accepting the
hospitality. This is not only to safeguard the Company's reputation, but also
to protect employees, directors or Agents from allegations of impropriety or
undue influence.
Should employees have any doubts on
the appropriateness of a corporate hospitality offered by a third party,
employees should either decline the offer politely or consult and get approval from
the Head of Department before accepting such hospitality. In the case of
directors, you should seek the advice of the Company Secretary.
There are certain types of corporate
hospitality activities which are never permissible and Belive
Mobile employees, directors or Agents should immediately refuse if it involves
the following:
Corporate
hospitality offered that comes with a direct/indirect suggestion, hint,
understanding or implication that in return for the corporate hospitality
provided, some expected or desirable outcome is required ("quid pro
quo").
Any
corporate hospitality activities that is sexually oriented or may otherwise
tarnish the reputation of Belive Mobile.
Any
corporate hospitality activities that would be illegal or in breach of local or
foreign bribery and corruption laws.
Any
corporate hospitality which is lavish or excessive or may adversely affect the
reputation of Belive Mobile.
Any
corporate hospitality offered by parties currently engaged in a Belive Mobile tender or competitive bidding exercise.
You must immediately decline any
offers of corporate hospitality that falls within the abovementioned
categories.
9. 9 Marketing Events
Distribution of marketing or
promotional materials, in accordance with industry customs and practices is
permitted, such as the following:
(i) Promotional events open to a wide
audience; and
(ii) Premium
items/promotion goods such as t-shirts, bags, etc, are allowable if they are
clearly connected to Belive Mobile promotions and
marketing efforts and items clearly carry irremovable Belive
Mobile branding.
Where joint promotional activities are
carried out, there should be a proper written arrangement, approved by the Chief
Executive Officer, with full details and supporting documentation for any of
the costs being reimbursed.
9 .10 Donations,
Contributions, Sponsorships and Corporate Social Responsibility (CSR)
Belive Mobile is committed to corporate social
responsibility and sustainable development and shall provide such assistance in
appropriate circumstances and in an appropriate manner. However, such requests
must be carefully examined for legitimacy and not to be made improperly
influence a business outcome.
The proposed recipient must be a
legitimate organisation and appropriate due diligence must be conducted in particular to ascertain whether any public officials are
affiliated with the organisation.
Any red flags must be resolved before
committing any funds to the programme. Even requests determined to be
legitimate must be carefully structured to ensure that the benefits reach their
intended recipients. If you have any doubt about the scope of applicable laws
or the application of the Belive Mobile's policies
concerning the fight against bribery and corruption, you should contact your
Head of Department immediately, rather than disregard the Policy without
consultation.
As per the Integrity Compliance
Handbook, employees, directors, or Agents must ensure that all sponsorships and
donations are not be used as a subterfuge for bribery or used to circumvent or
avoid any of the provisions of the Integrity Compliance Handbook, including in particular,
ABAC.
You need to be certain that donations
to foreign-based charities or beneficiaries are not disguised illegal payments
to government officials, and must ensure that the charity does not act as a
conduit to fund illegal activities in violation of international anti-money
laundering, anti-terrorism and other applicable laws.
As part of Belive
Mobile's integrity core value, all sponsorships and donations must comply with
the following:
Ensure
such contributions are allowed by applicable laws.
Obtain
all the necessary internal and external authorisations.
To
be made to well established entities having an adequate organisational
structure to guarantee proper administration of the funds.
Be
accurately stated in the company's accounting books and records.
Not
to be used as a means to cover up an undue payment or
bribery.
Examples of red flags to look out for
are:
The
proposed recipient/organisation has affiliations with a public official, or
their family members are involved.
The
contribution is made on behalf of the public official.
There
is a risk of perceived improper advantage for Belive
Mobile.
The
proposed recipient is based in a high-risk country the request comes from a high risk country or the activity takes place in high risk
country.
9 .11 Education sponsorships
Belive Mobile has a sponsorship programme with the
objective to provide educational opportunities to deserving students to enable
them to realise their potential and to contribute to the growth of Belive Mobile and the nation. The awarding of scholarships
should be based on strict guidelines and due diligence to ensure that only the
most qualified and deserving students receive the scholarship award. This is
crucial to ensure that no element of corruption is involved in giving out
scholarships.
The selection of the sponsorship
recipients should be based on approved criteria such as academic qualifications
and assessment results. The process of selection should be transparent and the
reasons for selection should be properly recorded.
However, caution must be exercised if
the sponsorships are to be awarded to foreign public officials or person
associated with foreign public officials to ensure that the awarding of sponsorships
would not violate any local laws and must compliance with the approved Belive Mobile sponsorship policy and procedures. Education
sponsorships should not be awarded if it involves the following:
Award
scholarships or loans without undergoing the proper process and procedures set
by Belive Mobile to ensure that there is no element
of bribery or corruption or perception thereof.
Attempt
to circumvent any guidelines, rules or procedures when selecting candidates for
scholarships as it might put the employee/director and Belive
Mobile of any bribery allegation.
Attempt
to conceal any information that might be potential to have a conflict of
interest.
Arbitrarily
awarding scholarships or loans and the amount is not based on the guidelines
prepared by Belive Mobile.
Attempt
to ignore any laws, guidelines or policies when awarding scholarships or loans,
in particularly if a public official is in some way involved, as some countries
might impose certain requirements.
Attempt
to conceal, alter, destroy or otherwise modify any relevant documentation.
9 .12 Political Contributions
Belive Mobile supports and encourages the right of
all employees to personally participate in the political process on an
individual bases but does not permit the use of corporate resources (such as Belive Mobile property and/or employee work time) for
political activities.
Belive Mobile will not reimburse for the following:
(i) Direct or indirect contributions by
employees, directors or agents to political parties at any level of government,
party officials or organizations or individuals engaged in politics; and
(ii) Direct
or indirect contributions by employees or agents to parties seeking election to
political office (as above).
9 .13 Facilitation Payments
Facilitation payments are defined as
"any facilitating payment or expediting payment to a foreign official,
political party, or party official the purpose of which is to expedite or to
secure the performance of a routine governmental action." They are illegal
under Malaysia law and the laws of many other countries and are against Belive Mobile policy.
No employee, director or agent may be
willingly offered to make, or make, a facilitation payment. There may be
circumstances in which individuals are left with no alternative but to make
payment to protect against loss of life, limb or liberty. If these payments are
to be made, they should be reported to the Chief Executive Officer as soon as practicable.
9 .14 Payments to facilitate
tax evasion
Belive Mobile will not facilitate the evasion of tax
by a customer, supplier or other third party, including government officials
and contractors, by making payments to offshore bank accounts or by other
means which have no commercial basis or clearly could be construed by tax
authorities to be facilitating tax evasion by the recipient.
9 .15 Dealings with public
officials
A "public or government
official" includes, without limitation, candidates for public office, officials
of any political party, and official of state-owned enterprises other than Belive Mobile.
Caution must be exercise when dealing
with public officials as laws of bribery and corruption in some countries are
more stringent and provides stricter punishments. Providing gift, entertainment
or corporate hospitality to public officials or their family members is
generally considered a 'red flag' situation in most jurisdictions.
In all cases where a gift,
entertainment or corporate hospitality is made to or received from a public
official that has or seeks a business relationship with Belive
Mobile or with which Belive Mobile seeks such a
relationship, approval must be obtained from the Chief Executive Officer and
must be recorded.
10.Penalty
Pursuant to Section 24 of the MACC
Act, corruption is punishable by imprisonment not exceeding 20 years and a fine
not less than five times the sum or value of the gratification that is the
subject matter of the offence, where the gratification is capable of being
valued or is of a pecuniary nature, or 10,000 ringgit, whichever is higher.
This policy was adopted and approved
by the Board on 01st day
of October 2020.