Legal
Anti-Bribery & Anti-Corruption Policy
Last updated: 1 January 2025
Introduction
Ounch Sdn Bhd (988628-W) ("Ounch", "we", "us", or "our") is committed to conducting all business activities with honesty, integrity, and in full compliance with applicable laws and regulations. This Anti-Bribery and Anti-Corruption Policy ("Policy") sets out our responsibilities, and those of anyone working for or with us, in observing and upholding our zero-tolerance position on bribery and corruption.
This Policy applies to all directors, employees, contractors, consultants, agents, and any other third parties acting on behalf of Ounch.
1. What Is Bribery and Corruption?
Bribery is the offering, promising, giving, accepting, or soliciting of an advantage — financial or otherwise — as an inducement to act in a way that is dishonest, illegal, or in breach of trust.
Corruption is the misuse of entrusted power for private gain. It can take many forms, including bribery, kickbacks, facilitation payments, and conflicts of interest.
Both are illegal under Malaysian law, including:
- Malaysian Anti-Corruption Commission Act 2009 (MACC Act)
- Penal Code (Malaysia)
- Corporate Liability Provision under Section 17A of the MACC Act (effective June 2020)
Under Section 17A, a commercial organisation may be held liable for corrupt acts committed by persons associated with it, unless the organisation can demonstrate that it had adequate procedures in place to prevent such conduct.
2. Our Commitment
Ounch will not tolerate bribery or corruption in any form, whether direct or indirect. This means we will not:
- Offer, pay, promise, or authorise any bribe
- Accept, receive, or solicit any bribe
- Engage or use third parties to offer or receive bribes on our behalf
- Make or accept facilitation payments of any kind
This commitment applies regardless of local custom, practice, or competitive pressure.
3. Gifts and Hospitality
We recognise that reasonable and proportionate gifts and hospitality are a legitimate part of doing business. However, gifts and hospitality must never be intended or perceived as a bribe.
Acceptable gifts and hospitality:
- Of modest value and appropriate to the context
- Given or received openly and transparently
- Not offered during an active tender or procurement process
- Consistent with local law and Ounch's internal guidelines
Not acceptable:
- Cash or cash equivalents (e.g., vouchers, gift cards) of any value
- Gifts or hospitality that could influence or appear to influence a business decision
- Gifts given to government officials without prior approval
All gifts and hospitality received or given above a reasonable threshold must be recorded in Ounch's gifts and hospitality register. When in doubt, seek prior approval from a Director.
4. Political Contributions and Charitable Donations
Ounch does not make political contributions of any kind — financial or in-kind — to political parties, candidates, or campaigns.
Charitable donations may be made where they are:
- Transparent and properly authorised
- Not offered as a disguised form of bribery
- Directed to legitimate, registered organisations
Any proposed charitable donation above an internal threshold must be approved by a Director before it is made.
5. Third-Party Due Diligence
We recognise that bribery risks can arise through third parties acting on our behalf. Before engaging any agent, representative, consultant, or business partner in a role that involves interaction with clients or government bodies, Ounch will:
- Conduct appropriate due diligence proportionate to the risk
- Ensure the third party is aware of and agrees to comply with this Policy
- Include appropriate anti-bribery representations and warranties in contracts
- Monitor ongoing compliance as part of the relationship
6. Government and Public Officials
Particular care must be taken in any interaction with government officials or public bodies. The offering of anything of value — including gifts, hospitality, or payments — to a government official to influence their official actions is strictly prohibited.
Where engagement with government bodies is required (e.g., permit applications, regulatory submissions, government contracts), all interactions must be transparent, documented, and conducted through official channels only.
7. Responsibilities
All Ounch personnel must:
- Read, understand, and comply with this Policy
- Avoid any activity that constitutes bribery or corruption
- Report any concerns or suspicions immediately (see Section 8)
- Cooperate fully with any investigation into potential bribery or corruption
Managers and Directors must:
- Lead by example and demonstrate commitment to this Policy
- Ensure those under their supervision understand their obligations
- Respond promptly and appropriately to any reported concerns
8. Reporting Concerns
If you suspect or become aware of any bribery, corruption, or breach of this Policy — whether involving an Ounch employee, Director, contractor, or third party — you should report it promptly.
Contact: info@ounch.com
Reports may be made confidentially. Ounch will investigate all concerns seriously and will protect anyone who raises a concern in good faith from retaliation or victimisation. Malicious false allegations may, however, be subject to disciplinary action.
9. Consequences of Breach
Any breach of this Policy by an Ounch employee or Director may result in disciplinary action, up to and including termination of employment or engagement.
Where a breach constitutes a criminal offence, Ounch will cooperate fully with the relevant authorities and may refer the matter to law enforcement.
Third parties found to be in breach of their anti-bribery obligations to Ounch may have their contracts terminated.
10. Record-Keeping
Ounch maintains accurate financial records and internal controls to ensure transparency and prevent the concealment of any improper payment. No off-the-books accounts or slush funds will be created or maintained.
11. Training and Awareness
Ounch is committed to ensuring that all personnel are aware of this Policy and understand their obligations under it. Training will be provided to relevant employees as part of onboarding and refreshed periodically.
12. Review
This Policy will be reviewed periodically and updated as required to reflect changes in applicable law, business practice, or risk environment. The most current version will be maintained on our website.
Contact
Ounch Sdn Bhd (988628-W) #06-01, Wisma Minlon, Batu 12, Lebuhraya Sg Besi 43300 Seri Kembangan, Selangor, Malaysia
Email: info@ounch.com Support: support@ounch.com