WONG ENGINEERING CORPORATION BERHAD

Registration No. 199601037606 (409959-W)

(Incorporated in Malaysia)

Anti-Bribery and Corruption Policy

 

  1. Purpose

1.1 Wong Engineering Corporation Berhad and its subsidiaries (“WEC Group”) conduct its business professionally and with integrity. In compliance with the laws and conditions of operations such as licensing conditions, rules prescribed by certification bodies is of paramount importance to ensure continuity.

1.2 The WEC Group strictly does not tolerate any bribes given for purposes of obtaining or retaining business for the Group or provides an advantage to the business of the WEC Group. The WEC Group does not tolerate any such acts of bribery even in a personal capacity. Employees who refuse to pay or receive bribes or participate in acts of corruption will not be penalised even if such refusal may result in the WEC Group losing its business or not meeting the targets.

1.3 This Anti-Bribery and Corruption Policy (“ABC Policy”) is to further enforce the WEC Group Code of Conduct and Ethics Policy to ensure that all employees understand their obligations in compliance with the WEC Group’s zero tolerance for bribery and corruption within the organisation.

  1. Responsibility

2.1 This ABC Policy is applicable to all directors, managers and employees (whether permanent or temporary) of the Company, its subsidiaries and joint venture company(s) under the Group’s control. Third parties acting on behalf of or in the name of the Group, including agents, representatives and other intermediaries, are required to act consistently with ABC Policy. Joint venture company(s) not under the Group’s control, and our joint venture partners are encouraged to adopt a similar policy and procedures to prevent bribery.

  1. Gifts, Hospitality, Entertainment, Donations and Sponsorships

3.1 Giving anything of value to a person in a position to influence any contracts or awards which the Group has an interest in will raise questions about the Group’s integrity. The Group expressly restricts the giving of money or anything of value to anyone with the intent to seek favourable business treatment or with the intent to influence any business or government’s decision.

3.2 The Group understands that the giving and receiving of business courtesies can be an appropriate way to keep and build a proper business relationship, it is important that such courtesy and gift must be proper and must not in anyway suggest any impropriety.

3.3 In general, provision of a gift, hospitality, and entertainment to anyone regardless of a government official, customers, vendors, and other third parties is allowed, provided that: –

  1. There is no expectation that it is being given in exchange for any return favour or business advantage;
  2. It is modest and reasonable in amount under the circumstances;
  3. It complies with applicable law and business practice;
  4. It does not give the appearance of creating an obligation for the recipient;
  5. It is reported and documented accurately in the Group’s books and records; and
  6. It was not requested by the recipient.

3.4 Donations and sponsorship in the form of charity may be allowed depending on the circumstance but should be made directly to an official entity and be able to be disclosed publicly when required to.

3.5 Employees are responsible to ensure the appropriateness of gifts and it is the responsibility of each employee to consult with the Head of Department or the Executive Director(s) in the event of any uncertainty.

  1. Facilitation payments

4.1 A “facilitation payment” is a payment received or made to a decision maker or an administrative staff (in either public or private sectors) to speed up a process or secure licenses/permits.

4.2 The Group prohibits any accepting, obtaining, giving or promising of facilitation payments, either directly or indirectly.

4.3 Employees are expected to notify their Head of Department when encountered with any requests for a facilitation payment. Additionally, if a payment has been made and employees are unsure of the nature, their Head of Department must be immediately notified and consulted. They must also ensure that the payment has been recorded transparently.

  1. Conflict of Interest

5.1 The relationship between employer and employee implies that an employee owes a duty of loyalty to the employer and a duty to act in the Group’s best interest. Employee’s decision in the business must be made solely in the best interest of the Company, as the Group depends on its employees to act in the Company’s best interest. Hence, every employee should avoid decision making when there is an actual or potential conflict of interest between he/she and other party without first making a disclosure to his/her Head of Department or Executive Director(s). Employees must not use their position, Group’s resources and assets for personal gain or do anything that is to the disadvantage of the Group.

5.2 Employee shall immediately inform Head of Department or Executive Director(s) when he/she finds himself/herself in a position where his/her objectivity may be questioned.

  1. Third Parties and Due Diligence

6.1 Applicable anti-bribery laws prohibit corrupt payments made directly by Company employees or indirectly through an agent, consultant, distributor, or any other third-party representative acting for or on behalf of the Company (collectively, “third parties”). Any third parties that act on the Company’s behalf must operate at all times in accordance with this Policy.

6.2 The Group should never enter into any relationship with a third party for and on behalf of the Group without an inquiry into the third party’s background, qualifications and reputation. Due diligence must be exercised on third parties that assist or work with the Company.

  1. Training

7.1 The Group requires all managers and related employees to complete anti-bribery and corruption training once in every three (3) years. Furthermore, the Group also provides anti-bribery and corruption training to: –

  1. New hires; and
  2. Promoted employees.

7.2 Besides, the Management may at any time suggest that certain trainings be repeated to any employee in any operating unit if deemed necessary based on circumstantial requirements.

  1. Auditing

8.1 The Group shall conduct internal audits of relevant Group’s operations to help ensure the Group’s continued compliance with applicable laws and ABC Policy. The Internal Auditors are expected to act independently to clarify any questions relating to the application of the ABC Policy.

  1. Books and Records

9.1 All expenses incurred to provide gifts, hospitality, entertainment, donations and sponsorships must be properly documented, receipted and recorded in the Group’s books and records.

9.2 The Group shall maintain accurate books and records as well as adequate measures to prevent corrupt practices.

  1. Reporting Channel

10.1 The Group has implemented a whistleblower system which allows our employees and third parties to disclose any alleged or suspected improper conduct. All parties may lodge an anonymous report. However, we expect all parties are responsible to ensure that: –

  1. They exercise sound judgement that it is a genuine threat and violation of the ABC Policy;
  2. They have evidence to support their allegations of any violations of the ABC Policy;
  3. They are available to provide evidence in any inquiry of such violations; and
  4. They are not frivolous reports with the motive to scandalise.

10.2 All disclosures are protected with confidentiality and the whistleblower’s identity will be protected against retaliation or reprisal in any form, provided that the report is done in good faith.

10.3 Further details on WEC’s Whistleblowing Policy is available at http://www.wec.com.my/wec-whistleblowing-policy/.

  1. Effect of Breach

11.1 The Group considers bribery and corruption as a serious matter. The Group and its employees can be investigated by regulators in different jurisdictions and, depending on the circumstances, prosecuted administratively, under civil law or under criminal law, which could result in severe fines and penalties, debarment and imprisonment if a violation of applicable Malaysian Anti-Corruption Commission Act 2009 and/or other regulations is established.

11.2 In addition to possible criminal consequences as provided by law, the Group has the right to take action as the Group considers appropriate including instituting legal action against an employee found to have breached the ABC Policy and/or disciplinary actions including the issuing of warnings, demotion or termination of the service of such employee.

11.3 The Group shall notify the relevant authority if any identified bribery or corruption incidents have been proven beyond reasonable doubt. Where notification to the relevant regulatory authorities have been done, the Group shall provide full co-operation to the said regulatory authorities, including further action that such regulatory authorities may decide to take against convicted employee.