1. Introduction

Anfort Corporation Sdn Bhd has a zero-tolerance approach to bribery and corruption. Anfort is committed to combating bribery and corruption in all our dealings and is resolved in upholding integrity, ensuring ethical business conduct and professionalism wherever Anfort Corporation operates. Any employee or director or person associated with Anfort who is engaged in any corrupt practices shall be subjected to disciplinary action in accordance with Anfort’s policies, procedures, directives and guidelines or terms of contract and agreements.

2. Objectives

The objective of this Policy is to set out the responsibilities of Anfort in observing and upholding Anfort’s position on combatting bribery and corruption, as well as to provide information and guidance to those working for Anfort on how to recognize and deal with bribery and corruption issues that may arise in the course of business.

3. Scope

This Policy is applicable to ALL employees and directors of Anfort Corporation. Anfort also expects that person associated performing work or services with, for or on behalf of Anfort shall comply with the relevant parts of the Policy when performing such work or services.

4. Definitions

In this Policy, unless the context otherwise requires, the following terms shall have the meanings respectively assigned to them:

• ‘Bribery’ means the act of SOLICITING, GIVING, OFFERING, ACCEPTING OR RECEIVING GRATIFICATION, directly or indirectly, to/from a person in authority either in the form of money, services or valuable goods as an inducement or reward  to do or not to do an act in relation to the person’s principal affairs. Bribery and corruption are closely related. However, “corruption” has a wider definition (as set out below);
• “Person Associated” refers to external parties with whom Anfort has or plans to establish some form of business relationship. This includes, and is not limited to, partners, programme participants, contractors, sub-contractors, suppliers, vendors, advisors, consultants, agents, representatives, intermediaries, and others performing work or services with, for or on behalf of Anfort;
• “corruption” includes:
  • any action which would be considered as an offence of giving or receiving gratification under the MACC Act 2009;
  • any acts of extortion, collusion, breach of trust, abuse of power, trading under influence, embezzlement, fraud or money laundering; and
  • all deeds or behaviours that are defined as “corrupt act” under the relevant laws of each jurisdiction where Anfort operates;
• “directors” means the directors of the companies under Anfort, and includes all independent and non-independent directors;
• “employee” means any individual who is in the employment of Anfort whether on permanent or temporary employment basis or on secondment;
• “MACC Act” refers to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) and shall include all subsequent revisions and amendments thereto;
• “Organizational Anti-Corruption Plan” (OACP) refers to a mandatory initiative under the National Anti-Corruption Plan (NACP) to ensure an organisation achieves the NACP’s strategic objective of Greater Corporate Entities Resilience Against the Threat of Corruption. OACP is formulated with the aim of assisting and helping an organisation in combating bribery and corruption. It also outlines the appropriate resources and reasonable timeline towards achieving the strategic objectives.
• “Policy” refers to this Anti-Bribery and Corruption Policy;

5. Our principle

• Anfort conducts all business in an honest and ethical manner. Anfort takes a zero-tolerance approach to bribery and corruption and is committed to act professionally, fairly and uphold integrity in all relationships and business dealings wherever Anfort operates. Anfort implements and enforces effective control systems to counter bribery and corruption.
• Anfort is committed to adhere strictly to the relevant laws in relation to bribery and corruption including but not limited to the MACC Act, the Penal Code (Act 574) and the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
• Anfort is committed to develop and maintain a detailed OACP to ensure that its policy of zero tolerance is fully adhered to and implemented across all sections of the organization.

6. Bribery & Corruption

All forms of bribery and corruption are strictly prohibited. Anfort will not tolerate any form of bribery or corruption. The participation or engagement of an employee or a director, whether directly or indirectly, in any act of bribery or corruption could result in disciplinary action being taken and, ultimately, termination and dismissal.

This Policy also applies to business dealings with person associated with Anfort where any person associated with Anfort is found to be, or suspected by Anfort to be, involved in any act of bribery or corruption, Anfort shall reassess its relationship with such person associated and take all such actions it deems necessary to uphold its commitment against bribery and corruption, which may include the suspension or termination of any further dealings with such person associated with Anfort.

Acts of corruption under the MACC Act are punishable by imprisonment for a term of up to twenty (20) years and a fine of RM10,000.00 or not less than five (5) times the value of  the gratification whichever is higher.

Based on the MACC Act, if a person associated with a commercial organisation commits an act of corruption with the intent to obtain or retain business or a business advantage for the said commercial organisation, the commercial organization and its directors and key management personnel may be held LIABLE for not preventing the corrupt acts from happening. Upon conviction, the penalty for the offence shall if convicted be liable to a fine of not less than ten (10) times the sum of gratification involved, or RM1 million, whichever  is higher, or an imprisonment term of up to twenty (20) years, or both.

Below are some forms of bribery and corruption:

• Gratification

“Gratification” shall have the meaning defined in the Malaysian Anti-Corruption Commission Act 2009 which includes but is not limited to anything of monetary and non-monetary value or benefit to the person. Gratification does not have to be directly given or received by an employee, but it can also be given or received by anyone related to the employee that is beneficial, of value or advantageous to the employee.

• Political Contributions

A political contribution is a contribution or donation made to a politician or a political campaign or a political party. Political contributions can be a form of bribery if it is used to induce a party to engage in improper or unlawful conduct.

• Facilitate Payments

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 these facilitation payments are not paid.

• Conflicts of Interest

This refers to a form of conflict between employee’s or director’s own interest and the interest of the employer. A conflict of interest will arise where an employee’s or director’s ability to perform his or her duties may be adversely affected by an outside appointment, relationship or activity whereby the employee or director can use his/her position/power for the benefit of himself/herself or for his/her relative or associate.

• Kickback

A kickback is a form of negotiated bribery in which a commission is paid to the bribe taker in exchange for services rendered. Generally, the remuneration (money, money in kind, promise, goods, or services handed over) is negotiated ahead of time.

• Forgery of Document and False Claim

Any person or agent who intends to deceive or mislead the principal with the submitted documents that contain statement, which is fictitious, false or erroneous or defective in any material form commits an offence under the MACC Act.

• Abuse of Power

This refers to an act whereby any employee or director uses his position or the office in making decision or acting for the benefit of himself, his relative or associate.

7. Gifts, Entertainment and Hospitality

In respect of any gifts, hospitality and entertainment in the commercial context: –

• • The intention behind giving or receiving any gifts, hospitality or entertainment must always be considered first. It should never be for an improper motive to obtain or retain a business, or to obtain some form of benefit or advantage, whether it is for the business or for the individual employee;
  • If an employee is unsure of how to consider the intention behind any gifts, hospitality or entertainment offered, the employee must always disclose and refer the matter to the immediate supervisor or head of department to obtain advice and also approval before proceeding;
  • All employees of the Anfort are not allowed to give or receive any gratification, gifts, 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 Anfort;
  • An employee must obtain prior clearance and approval from the immediate supervisor and/or head of department before giving or receiving any gifts, hospitality or entertainment to or from any person which is not of any improper motive;
  • Where any gifts, hospitality or entertainment is not improper and received before prior approval can be obtained, an employee must always disclose such gifts to the immediate supervisor and/or head of department, regardless of its value;
  • Where it is difficult or inappropriate to decline the offer of a gift, 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 employee’s immediate supervisor and/or head of department, 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.
• Any gifts, hospitality or entertainment provided by the Anfort must always be of moderate and reasonable value and should never be given: –
  • With an intention to exert improper influence or create a perception of expectation for certain outcomes beneficial to the business of Anfort; or
  • Where it causes a conflict of interest.
• All employees of the Anfort should not give any gratification, gifts, hospitality or entertainment to persons for improper purposes related with Anfort business in their personal capacity.

8. Political Contributions

• Anfort does not make or offer contributions whether monetary or in-kind to any political party, political party officials or candidates for public offices. However, Anfort may make contributions which are permissible under applicable law, subject to the approval of the Anfort Board of Directors or Anfort Chief Executive Officer (CEO).

9. Donations, Sponsorships & Charitable Contributions

• Any donations, sponsorships and charitable contributions by the Anfort must be done with the approval of the executive director(s) and it must be done in a transparent manner for social and moral responsibility.
• It should never be paid in exchange for any business implications to the Anfort, whether it is to obtain a business, or to obtain some form of advantage of the business of the Anfort
• Employees are encouraged to make donations and charitable contributions in their personal capacity, but it should never be in exchange for any improper purposes that affects the business of the Anfort
• All employees of the Anfort 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 Anfort. Any requests for political donations should be brought to the attention of the executive director(s) immediately.

10. Due Diligence

Department/unit are required to establish key considerations or criteria for conducting due diligence on any relevant parties or personnel (such as employees, agents, vendors, contractors, partners and consultants) prior entering into formalized relationship. Method may include background checks on the person or entity, a documented verification process or conducting interviews with the person to be appointed to key role where corruption risk has been identified.

11. Record Keeping & Training

• All employees of the Anfort are required to complete and undertake all relevant documentations and processes particularly where it relates to anti-bribery and corruption initiatives.
• 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 or undergoing compulsory trainings may warrant the dismissal of an employee from the

12. Reporting for Violations of Policy & Whistleblower Rights

• Where there are reasonable grounds and genuine reasons to suspect that there is a violation of the Anti-bribery & Corruption policy, employees of the Anfort and Other Applicable Persons are required to report the particulars of such suspicions to the Anfort’s dedicated channel for reporting. Any such reports will be read and addressed by a dedicated compliance team in the
• Any concerns, questions or reports should be addressed to firstly, their immediate supervisor or Head of Department, or where that is not possible, to other functions such as the Administrative Department, Legal, and Internal Audit.
• Any reports made for violation of the Anti-bribery and Corruption Policy will be treated very seriously and accordingly, employees are responsible to ensure that:

1. • They exercise sound judgment that it is a genuine threat and violation of the Anti-bribery and Corruption Policy;
   • They have evidence to support their allegations of any violations of the Anti-bribery and Corruption Policy;
   • They are available to provide evidence in any inquiry of such violations; and
   • They are not frivolous reports with the motive to scandalize.

• Anfort ensures that there will be no retaliation or repercussions on the employee for making genuine reports on violation of the Anti-bribery and Corruption 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 Anfort and also to ensure that any processes undertaken will not be compromised.