Policy Statement and Objective

1. The Premier 'K' Packing & Removals (M) SDN BHD ("PKPR") upholds the highest standards of professional integrity and ethical conduct and the same is required of every PKPR partner, officer, employee and third parties who perform services for or on behalf of PKPR.


2. PKPR is committed to conducting its business, to the best of our knowledge and belief, in accordance with all applicable laws, rules and regulations and the highest ethical standards.


3. In promoting ethical business practices, PKPR is committed to design and institute appropriate policies and procedures to support PKPR’s business operations and assist its Employees to understand their obligations in upholding corporate integrity and PKPR’s reputation.


4. PKPR does not condone any act of bribery and corruption, which are criminal acts in nature as well as indictable offences.


5. The purpose of this Anti-Bribery and Anti-Corruption Policy is to reiterate PKPR’s commitment to full compliance by it, and its directors, employees and agents with all laws relating to anti-bribery and anti-corruption in Malaysia, in particular, the Malaysia Anti-Corruption Commission Act 2009. (“MACC Act”) subsequent amendments to the Act and all guidelines issued by relevant authorities pertaining to the same.


6. This Policy aims to ensure that all Employees and Associated Persons of PKPR are aware of their obligation to disclose any corruptions, briberies, conflicts of interest or similar unethical acts that they may have, and to comply with this Policy to follow highest standards of ethical conduct of business.


7. The policy will be updated as the Law and Regulations changes to incorporate the latest standards in anti-bribery and anti-corruption.

Scope

1. The principles and obligations outlined in this policy apply to all employees of PKPR, including senior management and to members of our Board of Directors (collectively referred to as “PKPR Personnel”), and reflects the standards to which PKPR expects its business associates, partners, agents, contractors, and consultants to adhere when acting on PKPR’s behalf.


2. PKPR Personnel shall understand, adopt and adhere to the contents in the Anti-Bribery and Corruption Policy (“ABC Policy”) as well as other procedures referred to herein.


3. All PKPR Personnel shall observe the relevant rules and regulation in relation to anti-bribery and anti-corruption that governs business and day-to-day operations of PKPR.


4. Although this Policy is specifically written for PKPR Personnel, PKPR expects that all parties engaged by PKPR or performing work or services for or on behalf of PKPR will comply with it in relevant part when performing such work or services. Employees and such other parties engaged by PKPR or performing work or services for or on behalf of PKPR shall be known as “Associated Persons”.


5. This policy sets forth PKPR’s minimum compliance standards concerning interactions with third parties. However, where local law and regulations require more stringent controls, then such stricter controls must be followed.

Key Requirements of the MACC Act

The main offences under the MACC Act are:

1. 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;


2. 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 for bearing to do, or for having done or for borne to do the same in relation to his principal’s affairs or business, or for showing or for bearing to show favor or disfavor to any person in relation to his principal’s affairs or business.


3. 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.


4. Using the office or position for gratification (abuse of position).


5. Failing to report when offered bribery:
   • Any person to whom any gratification is given, promised or offered in contravention of MACC Act shall report the same.
   
   Under Section 17A of the MACC Act, 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:
   
   • to obtain or retain business for the commercial organization; or
   
   
   • to obtain or retain an advantage in the conduct of business for the commercial organization.
   
   Where an offence is committed by a commercial organization, a person-
   
   • who is its director, controller, officer or partner; or
   
   
   • who is concerned in the management of its affairs, at the time of the commission of the offence, is deemed to have committed that offence unless the person proves that the offence was committed without his consent or connivance and that he exercised due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
     
     Section 17A (6) defines a person associated as a director, partner, an employee or a person who performs services for or on behalf of the commercial organization.
     
     In relation to anti-bribery and corruption, PKPR requires all Associated Persons to:
     
     
     • Act lawfully, ethically and in the public interest;
     
     
     • Prohibit bribery and corruption; and
     
     
     • Not tolerate illegal or unethical behavior by clients, suppliers or by public officials.
     
     

Definition of Bribery

1. A bribery is the act of “offering, promising, giving, receiving or soliciting of undue advantage/gratification of any value (which could be financial or non-financial), directly or indirectly, and irrespective of location(s), to/from a person in authority, in violation of applicable law, as an inducement or reward for a person to do or not to do an act in relation to the performance of that person’s duties”.


2. This also refers to undertaking the act of corruption.



Fighting Bribery, Corruption and Unethical Practices

1. Solicitation, Bribery and Corruption
   • Offer, pay or give anything of value to any parties in order to obtain business or anything of benefit to PKPR.
   
   
   • Act illegally including bribes, blackmail, inducements, secret commissions, other rewards and similar improper actions.
   • 
     
   • Attempt to induce any parties to do something illegal, unethical and permit any parties to violate the rules.
   • 
     
   • Corruptly give, promise or offer to any person gratification with the intent to secure business or an advantage for PKPR.
   
   
   • Offer, give, receive or solicit, directly or indirectly, anything of value to influence improperly the actions of another party.


2. Receiving Facilitation Payments
   • PKPR Personnel are prohibited from, directly or indirectly, accepting or obtaining or attempting to accept or obtain or offering or attempting to offer facilitation payments from/to any person for themselves or for any other person subject to this policy.
   
   The term “facilitation payments” generally means payments made to secure or expedite the performance by a person performing a routine or administrative duty or function.


3. Prohibition on Commissions, Discounts and Secret Profits
   PKPR Personnel must not, directly or indirectly, receive or obtain, in respect of any goods or services purchased or other business transacted (whether or not by them) by or on behalf of PKPR, any discount, rebate, commission, service, interest, consideration of value or other benefit or payments of any kind (whether in cash or in kind) which is not authorised by PKPR’s policies or procedures.


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