No. 1 Introduction and purpose
FatHopes Energy upholds the highest standards of professional integrity and ethical conduct required of every FatHopes Energy partner, officer, employee and third parties who perform services for or on behalf of FatHopes Energy.
FatHopes Energy and all the employees are committed to compliance with the Malaysian Anti-Corruption (MACC) Act 2009 (“MACC Act”), subsequent amendments to the Act and all guidelines issued by relevant authorities pertaining to the same.
This Policy aims to ensure that all Employees (defined below) and Associated Persons (defined below) of FatHopes Energy 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.
No. 2 Scope and coverage
This Policy applies to all partners, employees, directors and associates of FatHopes Energy, including temporary, contract staff or interns (“Employees”).
This Policy sets out the minimum standards to which all Employees of FatHopes Energy must adhere to at all times.
Although this Policy is specifically written for the Employees of FatHopes Energy, FatHopes Energy expects that all parties engaged by FatHopes Energy or performing work or services for or on behalf of FatHopes Energy will comply with it in relevant part when performing such work or services. Employees and such other parties engaged by FatHopes Energy or performing work or services for or on behalf of FatHopes Energy shall be known as “Associated Persons”.
No. 3 Key requirements of MACC Act
The main offences under the MACC Act are:
a) Soliciting or receiving gratification
b) Offering or giving gratification
c) Intending to deceive
d) Using office or position for gratification (abuse of position);
e) Failing to report when offered bribery
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.
Where an offence is committed by a commercial organization, a person-
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, FatHopes Energy requires all Associated Persons to:
No. 4 FatHopes Energy policy
a) Anti-bribery and Corruption
All Associated Persons are not permitted to pay, offer, accept or receive a bribe in any form. Associated Persons are strictly NOT allowed to:-
b) Conflicts of Interest
Conflicts of interest occurs when an individual or organization 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 FatHopes Energy and all Associated Persons, 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 FatHopes Energy.
FatHopes Energy requires all Associated Persons to:
c) Gifts, Hospitality and Travel
Offering or receiving any gifts, hospitality and sponsored travel 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.
All Associated Persons should use good judgment in offering or receiving the above-mentioned. In determining whether a specific gift item lies within the bounds of acceptable business practice, Associated Persons are encouraged to discuss the issue with Talent, Interaction & Memories (“TIM”).
All Associated Persons must not request, accept, offer or provide gifts or hospitality designed to induce, support or reward improper conduct in connection with any business or anticipated future business involving FatHopes Energy.
Associated Persons must never avoid their obligation to report or seek approval for any business gift by paying personally for it in circumstances where they would otherwise be required to report and/or seek approval for it.
All giving of Gifts, Hospitality and sponsored Travel must get necessary approval from Superior and the Firm.
All receipt of Gifts, Hospitality and sponsored Travel must be registered with TIM via gift registration link within 48 hours of receiving it or as soon as practically possible thereafter. All registration and/or declaration must be made in the Associated Persons’ best interests.
In addition, when giving and/or receipt of Gifts, Hospitality, sponsored Travel or any other benefit directly or indirectly to or by the Associated Persons, the Associated Persons must make sure that it:
d) Donations and Sponsorships, including Political Donations
Associated Persons may only make or receive a charitable donation provided it has been subject to due diligence and management approvals and is appropriate in all the circumstances. No political donations or payments may be made.
Donations can only be made if:
e) Facilitation payments
“Facilitation” or “Grease” payments are strongly prohibited in FatHopes Energy.
No. 5 Where to find help/ reporting channel
To encourage openness and transparency and in order to facilitate the reporting of potential or suspected violations of FatHopes Energy Policy or applicable laws, regulations or professional standards, including those relating to anti-bribery and corruption, FatHopes Energy has established an accessible and trusted whistleblowing channel, to raise concerns in relation to real or suspected corruption incidents or inadequacies.
FatHopes Energy will not permit retaliation of any kind against any Associated Person for making good faith reports about actual or suspected violation of this Policy.
If Associated Persons become aware of any actual or suspected breach of this Policy, they must report this to the mentioned whistleblowing channel via email@example.com immediately. The Employees in FatHopes Energy 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):
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 firstname.lastname@example.org.
Note: Failure to comply with this Policy may lead to Employees being subject to disciplinary action, up to and including dismissal.e.
No. 6 Further clarifications
Should you require further clarification with regard to this Policy, you should consult TIM. Alternatively, you can email your queries to fathopesenergy.com.
No. 7 Independent Audit
FatHopes Energy shall from time to time commission an independent audit on the Policy and applicable procedures and will update this Policy pursuant to the findings.
No. 8 Policy Review
The Management reserves the right to amend, modify, suspend or terminate this policy at any time, with or without notice.