1. Introduction & Purpose
NRY Architects Sdn Bhd (“NRY Architects” or the “Company”) condemns any form of bribery and corruption.
NRY Architects sets out the standards uphold by the Company in complying with the Malaysian Anti- Corruption Commission Act 2009 (“MACC Act”) and all relevant principles in its Anti-Bribery & Anti- Corruption Policy (“Policy”).
2. Scope
This Policy applies to:-
- anyone who is employed by or work at NRY Architects (whether in or outside Malaysia, and whether on a permanent, fixed-term or temporary basis), directors, company secretary and committee members of NRY Architects (collectively as “Personnel”); and
- consultants, sub-consultants, contractors, sub-contractors, suppliers, business associates, agents, representatives, service providers and third parties of any kind performing work or services for or on behalf of NRY Architects (collectively as “Associated Persons”).
3. Main Offences Under the MACC Act [1]
Corruption is defined by MACC as “the act of giving or receiving of any gratification or reward in the form of cash or in-kind of high value for performing a task in relation to his/her job description”.
The main offences stipulated in the MACC Act are:-
- Soliciting/Receiving Gratification (Bribe) [section 16 & 17(a) MACC Act]
- Offering/Giving Gratification (Bribe) [section 17(b) MACC Act]
- Intending to Deceive (False Claim) [Section 18 MACC Act]
- Using Office or Position for Gratification (Bribe) (Abuse of Power/Position) [Section 23 MACC Act]
The MACC (Amendment) Act 2018 which came into force on 1 June 2020 introduces two (2) more offences, being:-
- Corporate Liability – Offering/Giving Gratification by the commercial organisation [section 17A MACC Act]
- Personal Liability – Deemed Parallel Personal Liability for the director, controller, officer or partner, or a person concerned in the management of the organization’s affairs [section 17A(3) MACC Act]
4. The Company’s Policy
This Policy forbids all forms of bribery and corruption, whether they are made to persons in the public or private sectors.
4.1 Gift, Entertainment & Hospitality (“GEH”)
Gift may include corporate gift bearing the name and logo of the organisation such as pen or notebook, or festive gifts such as dates, Mandarin oranges, food hampers or Christmas present. Entertainment and hospitality may include invitation to karaoke, massages, sports events, drinks or dinners with the intention to facilitate networking or promote mutual understanding for future collaborations.
All Personnel and Associated Persons must not request, accept, offer or provide GEH with the intention to induce, support or reward improper conduct in relation to any business or anticipated future business involving NRY Architects.
Providing and/or accepting of GEH may be allowed subject to the following conditions:-
- it is for customary, tradition or business etiquette reason with the approval from the immediate superior or the Company’s management;
- it is done lawfully, appropriately and consistent with general business practice;
- it is not conditional upon receiving anything in return; and
- it would not be reasonably perceived as having an improper influence on the
In any event, any gift, entertainment or personal favour is given or received in a value in excess of RM500.00 (or any other amount determined by the Company’s management) must be approved in advance by the Company’s management via email and entered into the gift registry maintained by the Company.
Providing and/or accepting of gift in the form of cash, fees, rewards, sponsored travel and holidays, benefits-in-kind, tips, commissions, vouchers or accessories is strictly prohibited under any circumstances.
4.2 Donation & Sponsorship (“D&S”)
Donation may only be made or received by our Personnel if it is for charitable or educational purposes, subject to the due diligence and approvals by the Company’s management. The Company prohibits all forms of political donations or sponsorship.
Our Personnel and Associated Persons may participate in political activities in their individual capacity, and any donation or sponsorship using their own money shall be personal and not representative of the Company.
The following principles must be observed at all times when giving or accepting GEH & D&S:-
Principle 1: Purpose
The intention behind the GEH and D&S must not be perceived as to obtain or retain business or to gain an unmerited advantage. It should be clearly given as an act of appreciation or common courtesy associated with festive seasons or ceremonial occasions.
Principle 2: Value & Frequency
The GEH and D&S must be of nominal or appropriate value with no intention to place the recipient under an obligation, and must not be frequent.
Principle 3: Timing
The GEH and D&S must not be offered/accepted when there is a pending business decision, for example, during the tender process.
Principle 4: Conflict
The giving or accepting of the GEH and D&S may only be offered/accepted to/from those who will not put the recipient in a position of conflict.
Principle 5: Transparency
The GEH and D&S must be provided or accepted openly.
4.3 Facilitation Payments [2]
Facilitation payments are payments made with the purpose of expediting or facilitating the performance by a public official of routine governmental action and are strictly prohibited under the MACC Act.
4.4 Conflicts of Interest
Conflict of interest arises when an individual or organisation’s own interests either influence, have the potential to influence or are perceived to influence their decision making for or on behalf of the Company.
Our Personnel must, at all times avoid situations in which their personal interest would conflict with their duties and responsibilities in the Company. Where a conflict of interest arises, our Personnel shall immediately declare the matter to their immediate superior.
4.5 Dealing with Private & Public Sectors
All Personnel and Associated Persons must exercise due care and diligence at all times when dealing with both public sector, i.e. government officials, regulatory or statutory bodies or related associated persons and private sector, i.e. third party or business associates.
The Company requires all Personnel and Associated Persons to not tolerate illegal or unethical behaviour by clients, suppliers or public officials in its effort to combat bribery and corruption.
5. Non-compliance of Policy
Non-compliance of this Policy by our Personnel may lead to disciplinary action and termination of employment. While non-compliance by the Associated Persons and business associates may lead to termination of contract and claim for damages.
6. Further Clarification
You may email your queries with regard to this Policy to enquiry@nrasb.com.my for further clarification.
7. Communications and Training
This Policy is a public document which shall be communicated to all Personnel and Associated Persons. Our Personnel and Associated Persons must read and understand the Company’s approach in relation to anti-bribery and anti-corruption, and the impact this has on their responsibilities and roles. Periodical training shall be provided to our Personnel.
8. Policy Review
This Policy is subject to updates, revision, amendment or modification by the Company from time to time with or without notice.
[1] Malaysian Anti-Corruption Commission, “What is Corruption?”, Official Portal of Malaysian Anti-Corruption Commission, https://www.sprm.gov.my/index.php/en/education/what-is-corruption
[2] Fariz Abdul Aziz, “An “ABC” Guide to the “ABC” Framework in Malaysia”, Skrine, https://www.skrine.com/insights/newsletter/march-2013/an-abc”-guide-to-the-abc”-framework-in-malaysia