GPSFleet and its related entities are fully committed to conducting its business with highest integrity, in accordance with all relevant laws and regulations on anti-bribery and corruption, in particular the Malaysian Anti-Corruption Commission Act 2009 (“the MACC Act 2009”), and all guidelines issued by relevant authorities pertaining to the same (collectively “ABC Laws”).
GPSFleet takes a zero-tolerance approach against all forms of bribery and corruption and is committed to compliance with all applicable laws in relation to anti-bribery and corruption in Malaysia.
No. 1 Introduction and purpose
This Anti-Bribery and Corruption (“ABC”) Policy sets out GPSFleet’s principles on dealing with improper solicitation, bribery and other corrupt activities which may arise in GPSFleet’s course of business. This policy is to be read together with:
- THe MACC Act 2009;
- The Guidelines on Adequate Procedures pursuant to Subsection (5) of Section 17A under the MACC Act 2009 issued by the Prime Minister’s Department; and
- OTher relevant ABC laws and regulations in Malaysia.
This policy sets out the minimum requirements, roles and responsibilities for combating bribery and corruption as well as measures for preventing, detecting, handling and responding to bribery and corruption issues.
No. 2 Scope and Applicability
This Policy applies to all partners, employees, directors and associates of GPSFleet, including temporary, contract staff or interns (“Employees”). It is also expected that all parties engaged by GPSFleet or performing work or services for or on behalf of GPSFleet will comply with it in relevant part when performing such work or services.
No. 3 Definitions
“Associated Persons” means partners, employees, directors of GPSFleet, including temporary, contract staff or interns, and such other parties engaged by GPSFleet or performing work or services for or on behalf of GPSFleet.
“Bribery” is commonly described as offering, promising, requesting, accepting, transferring or soliciting an advantage for oneself of another, in order to improperly induce, influence, obtain or reward the performance of a function or an activity or to improperly prevent such a performance (consideration or reward). A bribe for the purposes of this ABC Policy may be any financial or other improper advantage given directly or through an intermediary.
“Conflict of Interest” is a situation in which a person or institution is involved in multiple competing obligations, relationships or goals that are not compatible with one another.
“Corruption” refers to the misuse of entrusted power for personal gain or enrichment, or the misuse of one’s position to assist others in improperly or unlawfully enriching or empowering themselves.
“Employee” means partners, employees, directors, including temporary, contract staff or interns.
“Extortion payment” is the demanding of a gratification, including payments or other benefits, whether or not coupled with a threat if the demand is refused.
“Facilitation payment” is an illegal or unofficial payment or other gratifications given in return for services or benefits in which the payer is legally entitled to receive without making such payment.
“Gifts” can be in the form of goods or services, including anything that can be of value to the person receiving it.
“Gratification” includes but is not limited to anything of monetary and non-monetary value or benefit to the person.
“Hospitality” includes providing travel, transportation, lodging, as well as entertainment in the context of conventional, cultural and sporting events.
“Kickback” is a form of negotiated bribery in which a commission is paid to the bribe-taker in exchange for services rendered.
“Whistleblower” is an insider of an organization who reports improper conduct that has occurred within that same organization.
No. 5 Gifts, Hospitality and Entertainment
This policy does not prohibit offering or receiving any gifts, hospitality or sponsored travel so long as they are appropriate, consistent with reasonable business practice, and would not be perceived to have any improper influence on the recipient. However, offering or receiving gifts, hospitality and sponsored travel that may be perceived to unfairly influence a business relationship must be strictly avoided at all times.
As a guiding principle, all Associated Persons should use good judgment in offering or receiving the above-mentioned. Associated Persons are encouraged to discuss the issue with the management to determine whether it is within bounds of acceptable business practice. It is the responsibility of every Associated Person to ensure compliance and reporting of any receipt of Gifts, Hospitality and sponsored Travel.
All giving of Gifts, Hospitality and sponsored Travel must acquire necessary approvals from Superior and the Company. All receipt of Gifts, Hospitality and sponsored Travel must be informed to the management within 48 hours of receiving it or as soon as practically possible thereafter.
All Associated Persons must not request, accept, offer or provide gifts or hospitality designed to induce, support or reward improper conduct in connection with any business or anticipated future business involving GPSFleet. Associated Persons must never avoid their obligation to report or seek approval for any business gift by paying personally for it in circumstances where they would otherwise be required to report and/or seek approval for it.
No. 6 Conflicts of Interest
GPSFleet upholds the highest standards of business practice and corporate integrity. We are committed to ensuring that any ethical, legal, financial or other conflicts of interest are avoided and if they do arise, they do not conflict with the obligations to GPSFleet.
Conflicts of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt, or be perceived to corrupt, the motivation for an act in another. A conflict of interest may be actual, potential or perceived and may be financial or non-financial.
Associated Persons must not use their positions, official working hours, the Company’s resources and assets, or any information available to them for personal gain.
No. 7 Facilitation, Extortion Payments and Kickbacks
Facilitation payments and kickbacks do not necessarily involve cash or other financial asset, it may be in the form of any gratification with the intention to influence the recipients in carrying out their duties towards the payer’s advantage. GPSFleet strictly prohibits accepting or giving, whether directly or indirectly, any Facilitation payments or Extortion payments or kickbacks.
No. 8 Sponsorships, Charitable Donations, including Political Donations and Contributions
All charitable donations by GPSFleet can only be made after being subject to due diligence and management approvals and is made in appropriate circumstances.
No. 9 Employees of GPSFleet
All Employees shall be provided with the Employee Handbook and shall be required to comply with such provisions. In addition to this, all Employees shall undertake to declare any actual or potential conflict of interest and comply with GPSFleet Policies incorporated in their employment contracts. Appropriate training and communication in relation to anti-bribery and corruption shall also be provided to all Employees on a continuing basis.