The Board of Directors of the (” the Board’) of Setia Geosolutions Sdn Bhd (SETIA) has adopted this Anti Bribery Policy (“the ABC Policy”) which is intended for the Company, its subsidiaries and associates’ companies (collectively referred to as “the Group”). This policy sets out SETIA’s zero-tolerance approach against all forms of bribery, corruption and any other non-regulatory compliance related risks.
SETIA is committed to conduct its business honestly and with integrity. Therefore, SETIA is committed to conduct its business in accordance to the applicable anti-bribery and anti-corruption laws as provided in corporate liability provision for bribery and corruption under section 17A of The Malaysian Anti-Corruption Commission (MACC) Act 2009 and all other relevant laws as well as applicable internal processes and procedures of the Group.
The main offences under the MACC Act are:
a) Soliciting or receiving gratification
Any person who solicits or receives or agree to receive (for himself or for any other person) or gives, promises or offers to any person any gratification as an inducement to or a reward for any person doing or forbearing to do anything: any person accepts or obtains, or agrees to the same, any gratification as an inducement or reward for doing or forbearing to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business commits an offence;
b) Offering or giving gratification
Any person who gives or agrees to give or offers any gratification to any agent as inducement or reward for doing or forbearing to do, or for having done or forborne to do the same in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business;
c) Intending to deceive
Any person who gives to an agent, or being an agent, he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal;
d) Using office or position for gratification (abuse of position)
Abuse of office or position by a public in making decisions for purposes of self-interest.
e) Failing to report when offered bribery
Any person to whom any gratification is given, promised or offered in contravention of MACC 2009 shall report the same. Upon section 17A of the MACC Act coming into effect, a commercial organization commits an offence if a person associated to the commercial organization corruptly gives, agrees to give, promises or offers to any person any gratification whether for the benefit of that person or another person with intent.
This ABC Policy is intended to:
This Policy applies to directors, employees (permanent, contract, probationary and temporary), associates (collectively, “Members”) and all parties associated with or acting on behalf of SETIA, such as Subject Matter Experts (SMEs), consultants, vendors, contract partners, advisors, agents, individuals, representatives wherever located (collectively, “Associated Persons”).
This Policy is not intended to be exhaustive, and the Members and Associated Persons shall always observe and ensure compliance with all anti-bribery applicable laws, rules and regulations to which they are bound to observe.
In order to ensure that this policy continues to remain relevant and appropriate, regular checks on the Policy including but not limited to reporting and its effectiveness should be reviewed and documented periodically. The Board Risk Management Committee, RMC is responsible for monitoring compliance with and make review of the said policy.
All SETIA Member and Associated Person:
Proper and complete records of all payments made to third parties in the usual course of business is important since these would serve as evidence that such payments are not linked to corrupt conduct. No accounts must be kept “off-the-record” to facilitate or conceal improper payments.
In relation to anti-bribery and corruption, SETIA requires all members and Associated Persons to:
Any SETIA Members who breaches this Policy will face disciplinary action which could result in dismissal for gross misconduct. The Company reserves its right to terminate the contractual relationships with any Associated Person who are provenly breached this Policy.
This Policy is adopted by the Board of Directors on 19 January 2022
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