Corporate Integrity

Sharikat Permodalan Kebangsaan Berhad
Anti-Bribery and Anti-Corruption Policy

Introduction and purpose

SPKB takes great pride in its core value of integrity, respect and professionalism in conducting business across the board. Adherence to and observance of the core values is the key to ensure its continued growth and excellent success with all its valued business partners.

SPKB and all its related corporations (“SPKB”) are committed to conducting its business ethically and in compliance with all applicable laws and regulations. These laws include but are not limited to the Malaysian Anti-Corruption Commission Act 2009 (Amended 2018) (“MACC Act”) and the Malaysian Companies Act 2016. These laws prohibit acts of bribery and corruption, and mandate that companies establish and maintain adequate procedures to prevent bribery and corruption.

SPKB adopts an Anti-Bribery and Corruption Policy (“this Policy”) which sets out the principles and procedures to help prevent corruption by, on behalf of, or against the organisation, and to detect, report and deal with any breach which may occur.

Scope and coverage 

This Policy applies to anyone who is employed by or work at SPKB, (whether in Malaysia or outside Malaysia and whether permanent, fixed-term or temporary basis), directors (executive and non-executive), company secretaries and committee members of SPKB ("Personnel").



This Policy sets out the minimum standards to which the Personnel of SPKB must adhere to at all times.



Although this Policy is specifically written for the Personnel of SPKB, It is also applicable to contractors, sub-contractors, consultants, agents, representatives and service providers of any kind performing work or services, for or on behalf of SPKB (“Business Partners”).


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 forbearing to do, or for having done or forbone 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;
  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 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 2009 shall report the same.

Under section 17A of the MACC Act, a commercial organisation commits an offence if a person associated to the commercial organisation 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 organisation; or
  • to obtain or retain an advantage in the conduct of business for the commercial organisation.

Where an offence is committed by a commercial organisation, a person who is:

  • its director, controller, officer or partner; or
  • 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 organisation.


In relation to anti-bribery and corruption, SPKB requires all Business Partners 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.

SPKB policy

  1. Anti-bribery and corruption

    Our Personnel and Business Partners are not permitted to pay, offer, accept or receive a bribe in any form. Our Personnel and Business Partners are strictly NOT allowed to:


    • Offer, pay or give anything of value to any parties in order to obtain business or anything of benefit to SPKB.
    • 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.
    • Give some advantage inconsistent with law and wrongful or unlawful use of official position to procure some benefit or personal gain.
    • Corruptly give, promise or offer to any person gratification with the intent to secure business or an advantage for SPKB.
    • Offer, give, receive or solicit, directly or indirectly, anything of value to influence improperly the actions of another party.
  2. Conflicts of interest

    Conflicts of interest occurs when an individual or organisation 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.

    

It is the responsibility of our Personnel and Business Partners, that any ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to SPKB.


    SPKB requires our Personnel and Business Partners to:


    • Avoid any situation or activity that compromises, or may compromise, their judgement or ability to act in the best interest of SPKB.
    • Avoid being in a position where their personal interests are in conflict (or could be in conflict) with the interests or business of SPKB.
    • Avoid engaging in activities that will bring direct or indirect profit, commercial or business advantages to SPKB’s competitor.
    • Avoid acting in ways that may compromise SPKB’s legality.
    • Identify and disclose any conflicts of interest.
    • Carefully manage any conflicts of interest.
  3. Gifts and hospitality

    Offering or receiving any gifts or hospitality that may be perceived to unfairly influence a business relationship must be strictly avoided at all time. They should only be provided and received where they are appropriate, consistent with reasonable business practice, and would not be perceived to have any improper influence on the recipient.

    Only gifts or hospitality that are reasonable, proportionate, do not influence business decisions and are not otherwise prohibited may be offered or accepted. The occasional acceptance or offer of modest gifts or hospitality that may contribute to good business relationships is acceptable.

    Prohibited gifts or hospitality

    No gifts or hospitality may be offered or accepted that are:

    • Illegal under the law
    • Inappropriate
    • Cash or cash equivalents (cash vouchers)
    • Loans
    • Personal services
    • Events/meals where the business partner is absent
    • Gifts or hospitality that is or can be linked to important business decisions during sensitive decision periods
    • Per diem payments offered as an alternative to gifts, meals, lodging, entertainment or travel-related expenses (unless required by contract or local government regulation and/or supported by CEO)

    Providing gifts

    “Corporate gift” normally bears the company’s name and logo and are of nominal appropriate value such as diaries, table calendars, pens, notepads and plaques. “Festive or ceremonial gifts” are traditional treats or gifts customary to the occasion such as red packets (without cash or cash equivalent), oranges and dates.

    Corporate gifts, festive or ceremonial gifts may be given to our Business Partners or other parties provided it fulfils all of the following conditions:

    • made for the right reason – it should be clearly given as an act of appreciation or common courtesy associated with festive seasons or other ceremonial occasions;
    • no obligation – it must not be used to cause or induce the receiver to improperly or illegally influence any business action or inaction or cause others to perceive an improper influence;
    • no expectation – there must not be any expectation of any favour or improper advantages from the receiver;
    • made openly – if made secretly and undocumented then the purpose will be open to question;
    • reasonable value – the type of gift and its value must commensurate with the occasion and in accordance with general business practice;
    • legal – it complies with applicable laws; and
    • documented – the expense must be approved in accordance with and complies with SPKB’s standard operating procedures.

    Accepting gifts

    SPKB recognises that exchange of gifts is a very delicate matter where, in certain cultures or situations, gift giving is customary, a tradition or central part of business etiquette.

    Our Personnel are expected to decline (or avoid accepting) gifts with the exceptions being:

    • corporate gifts of nominal/appropriate value;
    • festive or ceremonial gifts of appropriate value during festive seasons or other ceremonial occasions;
    • when refusing the gift is likely to offend and harm SPKB’s business relationship with the giver; or
    • gifts given during invitation to speak at conferences or work-related conferences. If you are in doubt about the acceptability, the gift must be refused.

    Our Personnel and Business Partners must not directly or indirectly solicit for gifts from any party for themselves or for or on behalf of SPKB. Our Business Partners should not give gifts to our Personnel.

    Our Personnel must declare any gift received, irrespective of value, in the Gifts & Entertainment Declaration Form in Appendix 1 within five (5) working days of receipt. In no circumstances may our Personnel (or anyone on their behalf) accept gift in the form of cash or cash equivalent (except for red packet tradition in token amount during the relevant festive season) from any party having business dealings with SPKB.

  4. Entertainment

    Providing entertainment

    It is a common practice within the business environment to provide entertainment to foster business relationship. SPKB recognises the need to provide reasonable and proportionate entertainment under appropriate circumstances. Our Personnel may offer appropriate and proportionate entertainment that is legal and reasonable within the scope of their work as part of business networking as well as a measure of goodwill towards the recipients.

    Whilst the act of hospitality through entertainment is a central part of business etiquette, it may create a negative perception if observed or known by others despite selfless motives behind the entertainment provided. Our Personnel must always bear in mind that perception is more important than facts and therefore our Personnel are expected to always exercise proper care and good judgement when providing entertainment to external parties, especially when it involves public officials.

    Our Personnel must not directly or indirectly provide or offer to provide entertainment with a view to cause undue influence or in exchange for favours or advantages. Such acts are considered corruption.

    Accepting entertainment

    SPKB recognises that occasional acceptance of appropriate and proportionate entertainment provided by business partners or other parties in the normal course of business is a legitimate way to network and to build business relationships.

    However, it is important for our Personnel to exercise proper care and good judgement before accepting entertainment offered or provided by business partners or other external parties. This is to safeguard SPKB’s reputation and avoid allegations of impropriety or undue influence or worse, corruption.

    Our Personnel must at all times conduct themselves with integrity in relation to accepting entertainment from any party. Our Personnel or any of their family members must not accept entertainment in exchange for an exercise or non-exercise of their job function or activity.

  5. Donations and sponsorships, including political donations

    Our Personnel may only make or receive a charitable donation on behalf of SPKB provided it has been subject to due diligence and management approvals and is appropriate in all the circumstances.

    Donations can only be made if:

    • they are made in accordance with all legal requirements.
    • they are not made to secure any improper business or other advantage.
    • they do not create the appearance of impropriety or a violation of any legal requirements.

    No political donations, payments or “in-kind contributions” may be made by SPKB with SPKB funds. SPKB must not take part in party politics. Political payments that are classed as “in-kind contributions” such as the use of company facilities, resources, funds or premises for the purpose of political activities such as rallies, campaigns, elections or political speeches are not permitted. If such requests from governments, political parties, organisations or their representatives are made, the Chairman must be consulted.

    SPKB do not prohibit Personnel from participating in political activity outside of office hour. Personnel are free to contribute fund to any political party on their own goodwill and the amount contributed to political party is not allowed to be reimbursed by SPKB. Personnel participating in any political activities outside of office hour are prohibited from wearing SPKB uniform or related SPKB identity. Personnel that associate SPKB to any political movement or activities without prior written approval from the Chairman shall be considered a breach to the code of conduct.

    Business Partners are also reminded not to associate SPKB to any of the political contribution or activities without prior written approval from the Chairman.

  6. Facilitation payments

    Facilitation payments are strongly prohibited in SPKB. Facilitation payments are bribes and must not be made.

    Facilitation payments are form of payments made personally to an individual in control of a process or decision to secure or expedite the performance of a routine or administrative duty or function (e.g. influencing the timing of process or issuing of permits). In Malaysia, facilitation payment is illegal. It is seen as a form of corruption. Regardless of whether it is legal in any other country, facilitation payment is strictly prohibited under this Policy.

    Our Personnel and Business Partners must not directly or indirectly offer, promise or give any form of facilitation payment to any public officials for any purposes. Where a Facilitation Payment has been requested, the Integrity Officer must be immediately informed of the request and actions taken.

Reporting channel

To encourage openness and transparency and in order to facilitate the reporting of potential or suspected violations of this Policy or applicable laws, regulations or professional standards, including those relating to anti-bribery and corruption, SPKB has established an accessible and trusted whistleblowing channel, to raise concerns in relation to real or suspected corruption incidents or inadequacies.

SPKB will not permit retaliation of any kind against any Personnel or Business Partner for making good faith reports about actual or suspected violation of this Policy.

If any Personnel and Business Partner become aware of any actual or suspected breach of this Policy, they must report this to the mentioned whistleblowing channel via ethics@spkb.net immediately. Our Personnel in SPKB are not permitted to ignore, or fail to report, any suggestion of a bribe.

Proper investigation will be taken in place followed by appropriate action taken (if any).

The matters which may be reported under the Whistleblowing Policy include (but are not limited to):

  • concerns about bribery and corruption.
  • concerns about any other criminal activity or failure to comply with legal obligations.
  • concerns about any conduct likely to damage SPKB’s reputation.
  • concerns about possible money laundering or sanctions breaches.
  • the deliberate concealment of any of the above matters.

If any of the relevant parties has any doubts or queries with regard to the application of this Policy, the relevant party may also contact the whistleblowing channel via ethics@spkb.net.

Note: Failure to comply with this Policy may lead to the Personnel being subject to disciplinary action, up to and including dismissal.

Regular monitoring and review

SPKB is committed to making the anti-bribery and anti-corruption effort as a continuous effort to maintain the reputation and standards of SPKB.

SPKB will establish an Integrity Management Committee to oversee, monitor and implement this system.

The Committee, through the Integrity Officer, shall maintain the following:

  • the confirmation by our Personnel;
  • the declaration by our Business Partners;
  • the gifts/entertainment declaration.

Regular audits shall be conducted to monitor, review, improve and assess performance, efficiency and effectiveness of ongoing anti-bribery and anti-corruption efforts by SPKB. Such audits may be conducted internally by SPKB or by an external party. The results of any audit, risk assessment, review of control measures and performance shall be reported to the Integrity Management Committee and acted upon accordingly.

Our Personnel are encouraged to raise any concerns or inadequacies in the anti-corruption compliance programme to the Integrity Officer.

Enforcement for non-compliance

SPKB regards acts of bribery and corruption seriously and will take appropriate actions in the event of non-compliance of this Policy. For our Personnel, non-compliance of this Policy may lead to disciplinary action and termination of employment.

For Business Partners, non-compliance of this Policy may lead to termination of contract and claim for damages.

Training and communications

This Policy is a public document which shall be communicated to all our Personnel and Business Partners. Our Personnel and Business Partners must read and understand SPKB’s position on anti-bribery and anti-corruption.

The Code of Conduct in Appendix 2, Declaration of Interest to SPKB in Appendix 3 and Declaration of Integrity to SPKB in Appendix 4 shall be appended to all contracts or agreements entered into with our Business Partners.

Adequate training on SPKB’s anti-bribery and anti-corruption approach shall be provided to our Personnel.

General enquiries

In the event of any queries, you may contact SPKB’s Integrity Officer at ethics@spkb.net.

Confirmation by our Personnel

Effective from the date of this Policy, all our Personnel shall confirm that they have read, understood and will abide by this Policy. A copy of this confirmation shall be documented and retained by SPKB’s Human Resource Department for the duration of employment.

Policy review

This Policy will be updated, amended or revised from time to time to ensure its adequacy in implementation and enforcements.


Dated 17 July 2020


Check below to find out more about our other Corporate Integrity. (In PDF)






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