Anti-Bribery & Corruption Policy

Anti-Bribery & Corruption Policy



This Anti-Bribery & Corruption (ABC) Policy exists to set out the enforcement of the Seremban Engineering Berhad and its subsidiaries (SEB) Code of Conduct & Business Ethics to ensure that employees understand their responsibilities in compliance with the SEB’s upholding on zero tolerance position for anti-bribery and corruption within the organization.




  1. Bribery
  2. Definitions
  3. Gifts, Festive hampers, Hospitality and Entertainment
  4. Government Dealings & Public Officials
  5. Facilitation Payments & Kickbacks
  6. Contribution, Donations & Sponsorships
  7. Bidding or Tender Process
  8. Record Keeping
  9. Communication and Training
  10. Compliance with the Law and Regulations
  11. Third Parties & Agencies
  12. Non Compliance and Violation of The ABC Policy
  13. Reporting for Violations of Policy & Whistleblower Rights
  14. Compliance and Review of the Policy



(1) Bribery


1.1. This ABC Policy shall apply to all directors, managers and employees of the SEB in dealing with external parties in the commercial context.


1.2.Managers and supervisors of all levels have additional responsibilities under the ABC Policy and are held to a higher standard of compliance. They are required to create and maintain an open environment that is comfortable for employees to ask questions, raise concerns and report misconduct.


1.3. All employees of the SEB must refrain from any acts of bribery which takes the form of offering, agreeing, asking, promising, giving, demanding, receiving anything of value to anyone in the form of bribes, kickbacks, soliciting something of value or of an advantage so to induce or influence an action or decision and/or any other improper gratification (including gifts, hospitality and entertainment) to improperly influence the outcome of any transaction, whether it is for their own personal benefit or for the benefit of the SEB.


1.4. The SEB strictly does not tolerate any bribes given for purposes of obtaining or retaining business for the SEB or provides an advantage to the businesses of the SEB. The SEB does not tolerate any such acts of bribery even in a personal capacity.


1.5. Any employee of the SEB that breaches any of the ABC Policy may fall within the scope of serious misconduct and may be subjected to disciplinary action, up to and including dismissal, depending on the facts and circumstances of each case.



(2) Definitions


2.1. Bribery is the act of offering, asking, agreeing, giving or promising to give something of value with the intention of inducing a person to act or to reward a person for having acted to improperly gain an advantage in any transaction.  Something of value includes both financial and non-financial benefits to the recipient.


2.2. Bribery is ‘outbound’ when someone acting on behalf of SEB seeks to influence an external party, such as a government official or key decision makers in business transactions to favour SEB.


2.3. Bribery is ‘inbound’ when an external party seeks to influence SEB Staff or related parties with access to confidential information or influencing decisions in business transactions to favour SEB’s employees, directors or external parties.


2.4. Corruption is the dishonest or fraudulent conduct of those entrusted with power for illegal personal gain.


2.5. Gratification means


(a)          money, donation, gift, entertainment, 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;


(b)          any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;


(c)           any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;


(d)          any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage


(e)          any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (d).


2.6. “Gift “ means cash money, free fares, shares, tickets, services, club membership, any form of commission, hampers, decorative items, and any item of high value for which the recipient does not pay the fair value.


2.7. “Entertainment” means the provision of food rinks for consumption on the occasion when it is provided, travel and accommodation, social and cultural events, and any other entertainment connected with such provisions.


2.8. “Public Officials” mean any person who is a member, an officer, an employee or servant of a public body.


2.9. “Third Party” means any person, whether corporation or individual:


(a)          who has dealings with SEB;


(b)          who provide services to SEB;


(c)           supplier, contractor or customer of SEB; or


(d)          who are authorized to negotiate for or on behalf of SEB



(3) Gifts, Festive Hampers, Hospitality and Entertainment


3.1. In respect of the commercial context of any gift, festive hampers, hospitality and entertainment:-


(a)         The motive behind giving or receiving any gifts, festive hampers, hospitality or entertainment must always be considered first. It should never be for an improper intention to obtain or retain a business, or to obtain or procure some forms of benefit or advantage, whether it is for the business or for the individual employee;


(b)         If an employee is unsure of how to consider the motive behind any gifts, festive hampers, hospitality or entertainment offered, the employee must always disclose and refer the matter to the Human Resource Manager to obtain advice and also approval before proceeding;


(c)         All SEB employees are not allowed to give or receive any gratification, gifts, festive hampers, hospitality or entertainment where it is for an improper purpose and can be deemed as a gratification, regardless of whether it is to benefit the employee individually or to benefit the business of any of the SEB;


(d)         An employee must obtain prior clearance and approval from the Human Resource Manager before giving or receiving any gifts, hospitality or entertainment to or from any person which is not of any improper motive;


(e)         Where any gifts, festive hampers, hospitality or entertainment is not improper and received before prior approval can be obtained, an employee must always notify and disclose such gifts to the Human Resource Manager, regardless of its value;


(f)         Where it is difficult or inappropriate to decline the offer of a gift, festive hampers, hospitality or entertainment (i.e. when meeting with an individual of a certain religion/culture who may take offence), it may be accepted but it must be declared and/or surrendered to the Human Resource Manager, who will assess the relevant circumstances and take the necessary steps, including returning the gift on the employee’s behalf, where appropriate or required to do so.


3.2. Any gifts, festive hampers, hospitality or entertainment provided by the SEB must always be of moderate and reasonable value and should never be given: –


(a)          With an intention to exert improper influence or create a perception of expectation for certain outcomes beneficial to the business of SEB; or


(b)         Where it causes a conflict of interest.


3.3. All SEB employees should not give any gratification, gifts, festive hampers, hospitality or entertainment to persons for improper purposes related with SEB’s business in their personal capacity.



 (4) Government Dealings & Public Officials


4.1. SEB recognizes that the practice of offering, giving and receiving gifts varies between countries, regions, cultures, and religions, so the definitions of what is acceptable and not acceptable will inevitably differ for each. When dealing with public officials, employees of the SEB should ensure that any offering, giving or receiving of gifts do not relate to, in any form whatsoever, the public official’s official dealings or public duty. At all material times, SEB’s employees are to ensure compliance with laws of their respective jurisdictions, and upholding of the higher standard will be applicable to all employees to avoid non-compliance of any laws on anti-bribery which may be applicable to the SEB as a whole.


4.2.Any hospitality of public officials, subject to the approval of company management, are for circumstances where it is to reasonably facilitate genuine promotional, business or educational meetings. Any hospitality provided must be without expectation of any influence exerted on the public officials in exchange for any commercial outcome, and should always be at a reasonable and modest value.



(5) Facilitation Payments and kickbacks


5.1. 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 any form of facilitation payments of any nature are not paid. SEB recognizes that kickbacks are typically made in exchange for a business favor or advantage and does not allow kickbacks be made and accepted.



(6) Contributions, Donations & Sponsorships


6.1. Any contributions, donations and sponsorships by the SEB must be done with the approval of the director(s) and it must be done in a transparent manner for social and moral responsibility.


6.2. It should never be paid in exchange for any business implications to SEB, whether it is to obtain a business, or to obtain some form of business advantage of SEB.


6.3. Employees are encouraged to make contributions and donations in their personal capacity, but it should never be in exchange for any improper purposes that affects the business of the SEB.


6.4. All SEB 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 the SEB. Any requests for political donations should be brought to the attention of the director(s) immediately.



(7) Bidding or Tender Process


7.1. Any bidding and tender processes participated by any company under SEB should be carried out in a transparent manner in the bidding process.



(8) Record Keeping


8.1. All employees of the SEB are required to maintain complete and undertake to keep all relevant documentations and processes particularly where it relates to anti-bribery and corruption initiatives.


8.2. Any failure to do so will impact the individual employee’s performance review and, where it is a severe non-compliance, an employee may be subject to further disciplinary action/s. Where the facts and circumstances require, repeated failure to undertake proper record keeping may warrant the dismissal of an employee from the SEB.



(9) Communication and Training


9.1. Communication and training are vital in deterring bribery and corruption by Employees by enhancing Employees’ awareness and understanding of this Policy and the Anti-Bribery and Corruption Laws


9.2. Employees are required to attend anti-bribery and corruption training with training records shall be properly maintained and kept in a safe place for the statutorily prescribed period.


9.3. SEB’s compliance with anti-bribery and corruption practices must be also be communicated to Third Parties at the outset of SEB relationship with them and as appropriate thereafter.



(10) Compliance with the Law and Regulations


10.1. All employees of the SEB and its affiliates are responsible in ensuring that they always comply with all laws and regulations, in particular, to the Malaysian Anti-Corruption Commission Act 2009. No excuses or exceptions will be acceptable for non-compliance of any domiciled laws and regulations where the SEB conducts its businesses.



(11) Third Parties & Agencies


11.1. The SEB requires that all employees conduct the requisite due diligence of third parties that the SEB contracts with or hires to carry out any external functions on behalf of the SEB, which includes without limitation to suppliers, agents, consultants, contractors, subcontractors, resellers, customs brokers, business contacts, professional advisors, joint venture partners and any other parties supplying goods and services to the SEB (collectively referred to as “Other Applicable Person(s)”).


11.2. Where reimbursements are paid to Other Applicable Persons, SEB employees are to ensure that such payments made are for proper reimbursements and not for reimbursements that can be tied to giving any form of gratification for improper purposes.


11.3. The SEB expects all Other Applicable Persons to have anti-bribery and corruption policies in place within their organization or part of their work ethos which are consistent with this ABC Policy.


11.4. The SEB has zero tolerance of Other Applicable Persons who do not conduct themselves in accordance to the principles of the ABC Policy where it brings disrepute or legal implications to the SEB. Any non-compliance or failure to comply or breach of any material respects on any of the requirements with the principles of the ABC Policy by Other Applicable Persons may lead to the review, suspension and/or termination of any agreement, contract and services with such parties.



(12) Non Compliance and Violation of The ABC Policy


12.1. Any non-compliance and violation of the ABC Policy by SEB employees will be subjected to serious repercussions and disciplinary action (e.g. reprimands, demotions, formal warnings, dismissal or termination of employment contract etc.) after due inquiry. Where there is strong evidence of bribery and corruption committed by any employee of SEB, the employee can be summarily dismissed, terminated and/ or any legal proceedings and will not be allowed to be employed in SEB and its affiliates.


12.2. Employees who are found to have assisted or facilitated the violation of the ABC Policy, whether actively or by way of negligence or omission, will also be deemed to have violated the ABC Policy and committed a misconduct that is liable for dismissal from their employment with the SEB.



(13) Reporting for Violations of Policy & Whistleblower Rights


13.1. Where there are reasonable grounds and genuine reasons to suspect that there is a violation of the ABC policy, employees of the SEB and Other Applicable Persons are required to report the particulars of such suspicions to the SEB’s dedicated channel for reporting. Any such reports will be read and addressed by a dedicated compliance team in the SEB.


13.2. Any concerns, questions or reports should be addressed to firstly to Human Resource Manager and/or higher authorities as stated in SEB Website Whistle Blowing Policy and Procedures at https://www.seb.net.my/investor-relation/whistle-blowing-policy-and-procedures/


13.3. Any reports made for violation of the ABC Policy will be treated very seriously and accordingly, employees are responsible to ensure that: –


(a)          They exercise sound judgment that it is a genuine threat and violation of the ABC Policy;


(b)         They have evidence to support their allegations of any violations of the ABC Policy;


(c)          They are available to provide evidence in any inquiry of such violations; and


(d)          They are not malicious reports with the motive to scandalize.


13.4. The SEB ensures that there will be no retaliation or repercussions on the employee for making genuine reports in good faith on violation of the ABC Policy. Any genuine reports made will be kept strictly confidential and only informed to persons on a need-to-know basis to safeguard the interests of the SEB and also to ensure that any processes undertaken will not be compromised.



(14) Compliance and Review of the Policy


14.1. The SEB and its Board of Directors will be monitoring compliance with the ABC Policy. There is no tolerance or excuse for non-compliance with the ABC Policy.


14.2. Where there is any uncertainty for any practices arise which relate to the ABC Policy, employees must always seek the advice of the Human Resource Manager and/or higher authorities as stated in SEB Website Whistle Blowing Policy and Procedures at https://www.seb.net.my/investor-relation/whistle-blowing-policy-and-procedures/


14.3. The ABC Policy will be reviewed from time-to-time, and at least once every three years to ensure that it continues to remain relevant, appropriate and effective in the enforcement of the principles herein and to ensure continued compliance with the prevailing law.


14.4. All employees of the SEB are responsible to complete all training modules of the ABC Policy and keep themselves up-to-date with the SEB and their employer’s latest policies and processes, in particular, this ABC Policy and ensure that the highest standards of compliance are followed.

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