SECTION 1.0 INTRODUCTION
PNMB and its subsidiaries (“PNMB Group”) pride ourselves on the relationships with our customers, vendors and suppliers we do business with, and the difference we make together in creating better experiences. One of our core values is ‘Integrity’ and this important core value applies to every aspect of our business.
PNMB Group is committed to be honest, ethical and conduct ourselves with the highest degree of integrity at the workplace as well as fully comply to Section 17A of the MACC Act 2009 – Adequate Procedures. In going about our business, PNMB Group will avoid the perception of impropriety and our “No Gift Policy” is not to seek an advantage by giving or accepting any improper gifts, entertainment or payments from any customer, supplier, potential supplier or any person that PNMB Group believe may be seeking to influence our business decisions or transactions.
SECTION 2.0 APPLICABILITY
This Policy applies to the Directors and employees of PNMB Group (collectively referred to as “Personnel”).
SECTION 3.0 OBJECTIVE
3.1 This Policy will act as a guideline for accepting and giving gifts to the personnel and parties dealing with the personnel.
3.2 Improving the integrity value among personnel and thus enhancing PNMB Group’s reputation.
SECTION 4.0 PRINCIPLES
All personnel are expected to exercise proper judgement in handling gift activities and behave in a manner consistent with the general principles as set out in our Employee Code of Conduct: –
i) Consistently maintain the highest degree of integrity;
ii) Always exercise proper care and judgement;
iii) Avoid conflict of interest;
iv) Refrain of taking advantage of your position or exercising your authority to further your interest at PNMB Group’s expense; and
v) Comply with applicable laws, regulations and PNMB Group’s policies and procedures.
SECTION 5.0 PROHIBITION ON ACCEPTING & GIVING GIFT
5.1 All personnel are not allowed to accept or give the gift directly or indirectly both within and outside of the work premises in the course of their official duties and business dealings which may influence in a decision-making process or put the personnel in a position of conflict or appearance of such conflict or obligation.
5.2 All personnel are not allowed to accept gifts in exchange for doing or promising to anything related to the business or affairs of PNMB Group for potential or existing customers, vendors, suppliers and any other individual or organisation.
5.3 All personnel are to avoid conflict of interest or the appearance of a conflict of interest for either party in an on-going potential business dealing between PNMB Group and external parties, as a gift can be seen as a bribe that may tarnish PNMB Group’s reputation or in violation of anti-bribery and corruption laws.
5.4 All personnel are required to professionally inform customers, vendors, potential vendors and others of this policy, and the reasons PNMB Group has adopted the policy. Personnel should request that customers and vendors to respect our policy and not to deliver any gifts for our personnel, department or Company, at any time, for whatsoever reason.
SECTION 6.0 EXCEPTION TO THE NO GIFT POLICY
6.1 Any gift-acceptance and gift-giving is subject to the approval according to the Limit of Authority and must fulfill the following conditions:
i) Limited, customary and lawful under the circumstances;
ii) Do not have or perceived to have (either by the giver or the receiver), any effect on actions or decisions;
iii) No expectation of any specific favor or improper advantages from the intended recipients;
iv) The independent business judgement of the intended recipients must not be affected;
v) Not involving any corrupt or criminal intent; and
vi) The giving out of the gift must be done openly and transparently.
6.2 After accounted item 6.1, there is an exception to accept and give gifts as follows:
i) Gifts exchange at the company-to-company level (e.g. gifts exchanged between companies as part of an official visit and thereafter the said gift is treated as company property);
ii) Gifts from PNMB Group to external institutions or individuals in relation to the Company’s official functions, events and celebrations (e.g. commemorative gifts or door gifts offered to all guests attending the event);
iii) Gifts from PNMB Group to personnel in relation to an internal or externally recognised Company function, event and celebration (e.g. in recognition of an employee’s service to the Company).
iv) Token gifts of nominal value bearing Company’s logo (e.g. T-shirt, planners, calendars and other small promotional items) that are given out to employees, customers, delegates and member of the public, attending events such as conferences, exhibitions, trainings, career fairs etc., and deemed as part of the company’s brand building or promotional activities.
v) Gifts received and given during festivals. It is not on a personal basis and must be shared and distributed to all staff.
vi) Perishable items (e.g. cakes, fruits and flowers) are allowed to be retained in the office and distributed to all staff/ displayed at the common area in the office.
SECTION 7.0 FORM, AMOUNT OR VALUE OF THE GIFT CORRESPONDS TO THE GIFT-GIVING INTENTION
7.1 All gifts received must be reported to the Head of Department and require approval.
7.2 Acceptance of gifts should take into account the form, amount or value of the gift received so as not to create any suspicion on himself or others.
7.3 In the event of the gift received was unrelated to the duties of the personnel, the meaning of the form, amount or value of the gift shall correspond to the purpose of which the gift was given, based on the present value of the gift, and the purpose for which the gift was received.
7.4 Acceptance of gift is considered non-corresponds with the purpose for which the gift was given if the present value of the gift (in monetary terms) exceeds 1/4 of the monthly emoluments or exceeds RM300.00, whichever is lower.
(Note: Emoluments can be defined as remuneration in the form of money paid to the personnel including basic salary, fixed allowance, incentive and other monthly allowances).
7.5 Meanwhile, the conditions of gift-giving by PNMB Group shall comply to the “Section 6.0 Exception To The No Gift Policy”.
SECTION 8.0 TYPES OF GIFTS RECEIVED AND BEING AN OFFENSE
8.1 The following gifts are an offense if it is being accepted on the following terms:
i) The gift is received or demanded directly or with a corrupt intent (corruptly or with corrupt intention) that it is the incentive or reward for the personnel to do or not do (to forebear), or because he has done or has not done any act in connection with his principal affairs or affairs or in the course of his official work (Seksyen 9 dan 10, Akta Pencegahan Rasuah 1997, Seksyen 161 dan 162, Kanun Keseksaan);
ii) The person giving the gift has a connection with the PNMB Group’s official work and/or the grant and acceptance is not in a good faith, and it is done with criminal intent (men rea); or
iii) The gift was received with criminal intent from a person, in which the personnel knew, or was, or maybe involved in any business that was, or will be carried out by that person (Seksyen 165, Kanun Keseksaan).
8.2 Additional guidelines on gift acceptance that is strictly prohibited, include but not limited to the following:
i) Any gifts in the form of cash;
ii) Any gifts in the form of a valuable item;
iii) Any gifts as part of a commission or kickback;
iv) Any gifts that are illegal;
v) Any gifts from parties involved in an active tender or bidding exercise;
vi) Any gifts that come with a direct or indirect suggestion, hint, understanding or implication that in return for the gift, some or desirable outcome is required benefitting the giver;
vii) Any gifts which are lavish, excessive and may adversely affect the reputation of the PNMB Group; and
viii) Any gifts that are used as a reward or payment for illegal activity.
SECTION 9.0 SPONSORSHIP & DONATION
9.1 Accepting and giving of sponsorship & donation are allowable, only after obtaining approval from the Managing Director or Group Chief Operating Officer. It is also subjected to the following conditions:
i) Sponsorship & donation amount should refer to the Company’s Limit of Authority;
ii) Sponsorships & donations received and given should be free of charge and without any condition and commitment for both donors (either PNMB Group or the giver). Moreover, both donors should also not carry any interest in each other;
iii) The sponsorship & donation are given by the donor voluntarily and not at the request by PNMB Group. PNMB Group is prohibited from trying to obtain sponsors or donations from any party, whether from an organisation or individual;
iv) The sponsorship & donation must be in accordance with the wishes of the donor;
v) The sponsorship & donation received and given should also take into account the amount and its frequency; and
vi) All sponsorship & donation received and given must be recorded and declared through the Declaration Form – Gift/ Sponsorship/ Donation as per Appendix A.
SECTION 10.0 POLITICAL CONTRIBUTION
PNMB Group and their personnel who act on behalf of PNMB Group, strictly do not provide any political contribution. Contributions made by the personnel from their funds, property or services to a political party or candidate for political office, either directly or indirectly or through that personnel organisation such as a political action committee, are not governed by this policy.
SECTION 11.0 RESPONSIBILITIES OF PERSONNEL AND RESPECTIVE HEAD OF DEPARTMENT
11.1 Responsibilities of Personnel:
All gifts received must be reported to their respective Head of Department. This is in accordance to the “Peraturan Etika Kerja, Kelakuan dan Tatatertib PNMB 2008 (Pindaan 2015) dan Etika Perniagaan”, page 7 under Clause 5.1.9 Hadiah which had stipulated as follows:
“5.1.9.2 Dengan ini, garis panduan berikut adalah terpakai:
(a) Semua hadiah dalam jenis apa sekalipun yang diterima oleh seseorang kakitangan dan/atau keluarga terdekatnya, sama ada secara langsung atau tidak langsung daripada mana-mana kontraktor atau kontraktor kecil, pembekal, bank, peniaga atau pelanggan PNMB, sama ada benar-benar atau berpotensi untuk diterima, tidak mengira nilainya mestilah, apabila diterima, dilaporkan secara bertulis oleh kakitangan itu kepada Ketua Bahagiannya.
(b) Dalam apa jua keadaan, kakitangan itu hendaklah mendapatkan nasihat Ketua Bahagian mengenai sama ada hadiah itu boleh disimpan ataupun dipulangkan. Prinsip am menjadi panduan dalam keputusan Ketua Bahagian adalah sama ada penerimaan hadiah akan menjejaskan pertimbangan urusan kakitangan itu atau sebaliknya.”
11.2 Responsibilities of Head Of Department:
11.2.1 Head of Department, upon receives a report on the gift received by the personnel, can make the following decisions by:
i) Allow the person to receive the gift given;
ii) Instruct the person to return the gift; or
iii) To keep the gift at PNMB Group’s office.
11.2.2 Head of Department may require an explanation from the personnel if in doubt of any gift received.
11.2.3 When considering the above application, the Head of Department should also consider the following criteria:
i) He shall ensure that the receipt of the gift is authorised and according to this policy;
ii) The gift received does not imply that the person had used his or her position or authority to obtain the gift;
iii) Taking into account the frequency of the said personnel receives the gift;
iv) The relationship between the personnel and the givers, in particular, the duties and authorities have given to that person;
v) PNMB Group’s overall interest; and
vi) Personnel who have received the gift from any party must report the receipt through the Declaration Form – Gift/ Sponsorship/ Donation as per Appendix A.
SECTION 12.0 MONTHLY DECLARATION AND SUBMISSION
12.1 The Declaration Form as per Appendix A, which has been approved by the respective Head of Department, must be submitted to the Risk Management, Compliance, Integrity & Audit Department via email at [email protected], not later than the 8th of the following month.
12.2 The Declaration Form must also be submitted to the Risk Management, Compliance, Integrity & Audit Department even though no gift/ sponsorship/ donations have been received or given.
SECTION 13.0 REPORTING SUSPECTED WRONGDOING
To report a violation of this policy, personnel are encouraged to raise your concern directly to Risk Management, Compliance, Integrity & Audit Department. Besides, if personnel are not comfortable raising their concerns directly, they may report a violation or other serious matters where the vital interest of the PNMB Group or the moral or physical integrity of personnel are at stake, by using our Whistleblowing Channels at [email protected].
Employees may remain anonymous, but PNMB Group may require or request additional information to resolve some cases. PNMB Group will not tolerate retaliation against any person because he or she reported an ethical or legal concern. Personnel who do retaliate and violate our ethical standards will be subject to disciplinary action. PNMB Group takes all allegations seriously and resolve them in a standard and impartial process.