POLICY
Lee, Perara & Tan (the “Firm”) has a strict anti-corruption and anti-bribery policy which applies to all our partners, lawyers and employees of the Firm. We are committed to conducting our business in an honest and ethical manner and we take a zero-tolerance approach to bribery or corruption in any form. The Firm pledges to uphold all laws relevant to countering bribery and corruption including the Malaysian Anti-Corruption Act 2009 (“MACC Act”) and any subsequent amendments and any future legislation and associated codes of practice.
BACKGROUND
This Anti-Corruption & Anti-Bribery Policy (the “Policy”) is established by the Firm in line with Section 17A of the MACC Act, which was enacted under the Malaysian Anti-Corruption Commission (Amendment) Act 2018.
Section 17A of the MACC Act provides that a commercial organization commits an offence if any person associated with the commercial organization commits a corrupt act in order to obtain or retain business or an advantage in the conduct of business for the commercial organization.
The term “commercial organization” means:
- a company incorporated in Malaysia, whether carrying on business in Malaysia or elsewhere;
- a company wherever incorporated and carries on business in Malaysia or part of a business in Malaysia;
- a partnership under the Partnership Act 1961 or Limited Liability Partnerships Act 2012, and carries on a business in Malaysia or elsewhere; or
- a partnership wherever formed and carries on a business or part of a business in Malaysia.
It is a defence to an offence under Section 17A the MACC Act if it can be shown that the commercial organization had adequate procedures in place to prevent persons associated with them from carrying out the corrupt conduct.
A person is associated with a commercial organization if he/she is a partner, director, or employee of the commercial organization, or is a person who performs services for or on behalf of the commercial organization.
The Guidelines on Adequate Procedures issued by the National Centre for Governance, Integrity and Anti-Corruption under the Prime Minister’s Department on 4 December 2018 pursuant to Section 17A(5) of the MACC Act is aimed at assisting commercial organizations understand what adequate procedures should be implemented to prevent the occurrence of corrupt practices in their business activities.
SCOPE
This Policy applies to the following persons :
- Partners, employees (comprising lawyers and support staff, whether full-time, part-time, contract or temporary), pupils-in-chambers and attachment students (collectively, “Members”, and individually “Member”) of the Firm; and
- Consultants, contractors, seconded staff, volunteers, agents, sponsors, suppliers, customers, any third parties and any other person associated with the Firm,
(collectively, “persons connected” or individually “person connected”).
This Policy sets out the practice of upholding high levels of personal and professional values in all the Firm’s practice, commercial interactions and decisions.
PURPOSE
The purpose of this Policy is to:
- Set out the responsibilities of the Firm and of those working for the Firm, in observing and upholding the Firm’s position on bribery and corruption; and
- Provide information, guidance and procedures to those working for the Firm on how to recognize and deal with bribery and corruption issues
PROCEDURES ON GUARDING AGAINST BRIBERY AND CORRUPTION
The Firm takes a zero-tolerance approach towards bribery and corruption, and is committed to behaving professionally, fairly and with integrity in all our business dealings and relationships wherever the Firm operates, and implementing and enforcing effective systems to counter bribery and corruption.
The consequences of bribery and corruption are severe, and may include imprisonment for individuals, hefty fines, and damage to the Firm’s reputation.
As a person connected to the Firm, you must not influence others or be influenced, either directly or indirectly, by paying or receiving any forms of gratification that are deemed unethical or will tarnish the Firm’s reputation.
You must comply with all prevailing anti-corruption and anti-bribery laws and regulations applicable to the Firm. You must not directly or indirectly promise, offer, grant or authorize the giving of money or anything else of value, to government officials, officers of private enterprises and their connected persons to obtain or retain a business or an advantage in the conduct of business. These include:
- Commissions – that you have reason to suspect will be perceived as bribes or have reason to suspect will be used by the recipient to pay bribes or for other corrupt purposes;
- Facilitation payments – which are regarded as unofficial payments or other benefits made to government officials to gain access, secure or expedite the performance of a routine function they are in any event obligated to perform. The Firm does not allow facilitation payments to be made. You must inform the appropriate compliance personnel when encountered with any request for a facilitation payment. If you have made any payment which could possibly be misconstrued as a facilitation payment, the appropriate compliance personnel must immediately be notified and the payment recorded accordingly;
- Bribe – Anything of value given in an attempt to affect a person’s actions or decision in order to gain or retain a business advantage. Anything of value includes cash, entertainment or other gifts or courtesies;
- Corruption – The misuse of a public office or power for private gain or the misuse of private power in relation to business outside the realm of the Government;
- Kickbacks – The return of a sum already paid or due as a reward for awarding or furthering work in the Firm; or
- Political Contribution – while you may act in your personal capacity as a citizen who is not restricted in making any personal political donations, the Firm will not make any reimbursement for these personal political contributions as the Firm adopts an apolitical stance.
However, the Firm may contribute to the following, subject to qualifications contained herein:
- Charitable Contributions, sponsorships or donations with corporate social responsibility in mind – these corporate social responsibility activities to the society may be made by the Firm to community projects or charities in good faith, subject to the approval of the Senior Partner of the Firm, Mr Gerald Perara (the “Senior Partner”); or
- Gifts, hospitality and entertainment – these exchange of business courtesies may be offered to or received from you but only where it is appropriate, reasonable, modest and bona fide to do so in the circumstances that do not influence business decisions. Any such business courtesies offered or received on behalf of the Firm must be approved by a Partner.
All records of financial transactions under the Policy must be properly kept, substantiated and justified as part of the admissibility documentary evidence.
You must not directly or indirectly be involved in any corrupt conduct, which includes but is not limited to the abuse of position or authority, and falsification of documents.
You must also refrain from any activity or behaviour that could give rise to the perception or suspicion of any corrupt conduct or the attempt thereof. Promising, offering, giving or receiving any improper advantage in order to influence the decision of the recipient or to be so influenced may not only result in disciplinary action but also criminal charges.
You will not suffer demotion, penalty or other adverse consequences for refusing to pay or receive bribes even if such refusal may result in the Firm losing work or not meeting targets.
REVISION TO OUR POLICY
We may modify or amend this Policy from time to time at our discretion. The updated version will apply and supersede any and all previous versions.
ROLES AND RESPONSIBILITIES
Apart from understanding and complying with this Policy, a Member of the Firm will be responsible to:
- Provide awareness training and retraining to those reporting to you;
- Ensure those reporting to you understand and comply with the Policy;
- Promote compliance and good ethical values via leadership by example; and
- Provide guidance to others who have raised concerns or questions regarding the Policy.
REPORTING OF POLICY VIOLATIONS
Any Member of the Firm with any suspicion, concern, or belief regarding a breach of the provisions of MACC Act or policies, guidelines, rules and regulations as may be imposed by the relevant authorities and/or the Firm’s internal policies, are encouraged to raise, notify and make a report to the Senior Partner.
All Members of the Firm must read the Policy and are deemed to have been notified of the applicability of the Policy to them and agreed to comply with the Policy upon joining the Firm, and may be subjected to disciplinary action, including termination of appointment, employment or dismissal, for violating the Policy. Violation of the Policy that is related to criminal acts may result in prosecution after referral to the appropriate authorities.
Business partners (clients, suppliers, bankers and stakeholders) are encouraged to adopt similar principles and standards of behaviour.
Last updated and approved on : 16/02/2022