Anti-Bribery and Anti-Corruption Guidelines

1.INTRODUCTION

2.PURPOSE

3.APPLICABILITY

4.GENERAL PRINCIPLES

1. always exercise proper care and judgement;
2. avoid conflict of interest;
3. conscientiously maintain the highest degree of integrity and ethics; and
4. complies fully with all the applicable laws, regulatory requirements on anti-bribery and anti-corruption and with all regulations, procedures, and policies issued by Sun Life Malaysia.

5.GIFT AND HOSPITALITY

1. General

2. Prohibited Gifts and Hospitality

1. any gift of cash or cash equivalent which includes but is not limited to gift cards, vouchers, discounts, coupons, loans, shares, securities, commission, digital assets;
2. gift or hospitality that is excessive, lavish, inappropriate, illegal or given in response to, in anticipation of, or to influence a favorable business decision, particularly from parties engaged in a tender or competitive bidding exercise (for e.g. contractors, vendors, suppliers and etc.).

3. Gift and Hospitality Register

6.FACILITATION PAYMENTS AND KICKBACKS

7.POLITICAL DONATIONS AND CONTRIBUTIONS

8.CHARITABLE DONATION AND SPONSORSHIPS

9.DEALING WITH THIRD PARTIES

1. the transaction involves a country known for a high incidence of corrupt payments;
2. family, business or other “special” ties with government officials;
3. a reference check reveals a flawed background or a reputation for getting “things done” regardless of the circumstances or suggests that for a certain amount of money, he can fix the problem;
4. objection to anti-bribery representations and warranties in commercial agreements or negative response when told of such requirements;
5. convoluted payment arrangements such as payment in cash, payment to a third party or into accounts in other countries or requests for upfront payment for expenses or other fees;
6. expertise of the business counterparties does not match the nature of the current business transaction to be entered into;
7. the Third Party requires that their identity not be disclosed as part of the business transaction; and
8. inadequate credentials for the nature of the engagement or lack of an office or an established place of business.

10.OFFENCE UNDER THE Malaysian Anti-Corruption Commission Act 2009 (“the MACC Act”)

1. Receives or Gives Gratification

1. Under  Section 16 of the MACC Act, any person who by himself or by or in conjunction with any other person corruptly solicits or receives or agrees to receive for himself or any other person or corruptly gives, promises or offers to any person whether for the benefit of that person or of another person, any gratification as an inducement to or a reward for, or otherwise on account of (i) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place or (ii) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned, commits an offence.

2. Any person who commits an offence under Section 16 of the MACC Act, shall on conviction be liable to imprisonment not exceeding twenty (20) years and a fine not less than five (5) times the sum or value of the gratification is capable of being valued or of a pecuniary nature, or ten thousand ringgit (RM10,000.00), whichever is higher.

2. Offence by a Commercial Organisation

11.WHISTLEBLOWER PROTECTION

12.BREACH

13.REVIEW, MONITORING AND IMPLEMENTATON

14.RECORDS

15.TRAINING AND COMMUNICATION

16.MODIFICATION

17.QUERIES

18.Definition and interpretation