INTRODUCTION

The Directors and employees of Jones Lang Wootton (JLW) are committed to practice highest level business standards and ethics including the prevention, deterrence and detection of corruption including but not limited to fraud, bribery and all other tainted business practices. All business activities are to be conducted with honesty, integrity and the highest possible ethical standards and in compliance with all applicable laws including but not limited to the Malaysian Anti-Corruption Commission Act 2009, the Malaysian Anti-Corruption Commission (Amendment) Act 2018 (MACC Act) and any amendments made by the relevant authority from time to time.

 

PURPOSE OF THIS POLICY

This policy provides the framework, guiding principles, and practice requirements to recognize and deal with corrupt practices which may arise in the daily course of business activities.

 

SCOPE AND APPLICATION

This policy applies to all individuals working for JLW including all employees and any third parties affiliated and associated with JLW. Affiliated and associated third parties include but are not limited to vendors, suppliers, contractors, agents, consultants, service providers, trainees, interns, clients and potential clients.

 

DEFINITIONS

In the context of this policy the terms listed below have the following definitions:

  1. Benefits: Any form of advantages or profits gained by an employee or affiliated or associated third party.
  2. Corruption: The abuse of entrusted power for personal/private gain. Corruption takes various forms, including but not limited to:
    1. Offering, promising, giving, accepting or soliciting of an undue advantage of any value (can be financial or nonfinancial), directly or indirectly in violation of applicable laws, as an inducement or reward for a person acting or refraining from acting in relation to that person’s duties, action or decision (bribery).
    2. Giving or receiving of any gratification or reward in the form of cash or in-kind value for or before performing a task in relation to his/her job description with an intent to give and receive;
    3. Any service or favor of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty;
    4. Harassment, abuses and intimidation; and
    5. Conflict of Interest and potential abuse of position for personal gains.
  3. Entertainment: The provision of recreation or accommodation or travel in connection with or for the purpose of facilitating entertainment, with or without consideration paid whether in cash or in kind, in promoting or in connection with business activities and/or transactions.
  4. Facilitation Payments: Small sums or bribe, unofficial payment made to secure or expedite the performance of a routine action.
  5. Gifts: Any form of monetary or nonmonetary item such as goods, services, cash or cash equivalents, fees, rewards, facilities, or benefits given to or received by JLW employees, affiliated and associated third parties, spouses or any other person known to the employee and/or affiliated and associated third party.
  6. Gratification:
    1. Money, donation, gift, loan, fee, reward, valuable security, property or interest in property (being property of any description whether moveable or immoveable), financial benefit or any other similar advantage;
    2. Any office, dignity, employment, contract of employment or services, giving employment or rendering services in any capacity;
    3. Any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
    4. Any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
    5. Any forbearance to demand any money or money’s worth or valuable thing;
    6. Any other service or favor of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil, or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
    7. Any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the proceeding a. To f. above.
  7. Kickbacks: Any form of payment intended as compensation for a favorable treatment or other improper service. This includes the return of a sum already paid or due as a reward for awarding of furthering business.

 

POLICY STATEMENT

All business activities are to be conducted in an honest and ethical manner with a zero tolerance approach to corruption. Employees, affiliated and associated third parties and friends and families of employees and their associates are prohibited from any corrupt practice such as accepting or soliciting, giving or offering any form of gratification as an inducement or reward to do or forbear any act in relation to any matter.

  1. “No Gift” Policy
    1. JLW has adopted a “No Gift” Policy whereby, subject only to certain exceptions, employees are prohibited from, directly or indirectly receiving or providing gifts. This “No Gift” policy is to avoid conflict of interest or the appearance of conflict of interest for either party in on-going or potential business dealings.
    2. Gifts can be seen as a bribe and such giving/receiving would tarnish the Firm’s image, credibility and reputation and be in violation of the anti-corruption laws.
    3. Conflict of interest arises when an individual is in a position to take advantage of his/her position for his/her personal benefit, including the benefit of his/her family or friends.
    4. It is the responsibility of employees to inform external parties involved in any business dealings that the Firm practices a “No Gift Policy” and to request the external party’s understanding and adherence with this policy.
    5. Exceptions
      1. Exchange of gifts at the company to company level (i.e. company visit/courtesy call).
      2. Gifts from company to external institutions or employees in relation to an official function (i.e. door gifts offered to all guests attending a function) and vice-versa.
      3. Gifts from JLW to employees in relation to an internal or externally organized function (i.e. recognition of an employee’s service).
      4. Token gifts of nominal value bearing the JLW logo (i.e t-shirts, pens, caps, calendars, etc.) and vice-versa from external parties.
      5. Gifts to external parties who have no business dealings with JLW (i.e. monetary gifts to charitable organizations).

    6. It will be the responsibility of the Head of Department (HOD) to approve the acceptance of a gift and to determine one of the following treatments:

      1. Donate the gift to charity,
      2. Hold it for departmental display,
      3. Share it within the department, or
      4. Allow employee to retain the gift.

      In determining the above, the HOD is to exercise proper care and judgment in each case, taking into account pertinent circumstances including the character of the gift, its purpose, the position/seniority of the person(s) providing the gift, the business context, reciprocity, applicable laws and cultural norms.

    7. Certain types of gifts are never permissible and should be immediately refused and reported in accordance with the JLW Whistleblowing Policy. These gifts include but are not limited to:
      1. Any gift of cash or cash equivalent.
      2. Any gifts involving parties engaged in an assignment, tender or competitive bidding exercise.
      3. Any gifts that come from a direct/indirect suggestion, hint, understanding or implication that in return for the gift, some expected or desirable outcome is required.
      4. Any gift that would be illegal or in breach of local or foreign bribery policies and corruption laws.
      5. Any gift which is lavish or excessive.
  2. Entertainment and Hospitality
    1. JLW recognizes that providing modest entertainment is a legitimate way of building business relationships and is a common practice within the business environment to foster good business relationships with external clients.
    2. HOD and employees with HOD prior approval are allowed to entertain external clients/potential clients through a reasonable act of hospitality as part of business networking as well as a measure of goodwill towards the guests.
    3. HOD and employees with HOD prior approval should always bear in mind that perception is often regarded as more important than facts and therefore should always exercise proper care and judgment when providing/accepting entertainment with third parties.
    4. HOD and employees with HOD prior approval are strictly prohibited from providing/accepting or offering to provide/accept entertainment with a view to improperly cause undue influence on any party in exchange for some future benefit or result.
    5. Certain types of entertainment/hospitality are never permissible and should be immediately refused and reported in accordance with the JLW Whistleblowing Policy. These include but are not limited to:
      1. Any entertainment that comes with a direct/indirect suggestion, hint, understanding or implication that in return for the entertainment provided some expected or desirable outcome is required.
      2. Any entertainment activities that would be illegal or in breach of local or foreign bribery policies and corruption laws.
      3. Any entertainment activities that would be perceived as extravagant, lavish or excessive or may adversely affect the Firm’s reputation.
      4. Any entertainment activities that would tarnish the reputation of the Firm.
  3. Facilitation Payments
    1. Offering, promising, requesting, paying or receiving facilitation payments is strictly prohibited.
    2. All employees must report in accordance with the JLW Whistleblowing Policy if they receive a request or are offered any form of facilitation payment.
  4. Dealing With Contractors And Suppliers (applicable to Property Management Services)
    1. JLW will avoid dealing with any contractors or suppliers known or reasonably suspected
      of corrupt practices or known or reasonably suspected to pay bribes.
    2. Procurement activities must include:
      1. Due diligence of contractors and suppliers to be undertaken before vendor registration to confirm whether or not these external parties have in place anti-corruption and bribery programs in place in compliance with the MACC Act.
      2. All registered vendors must be aware of and understand the JLW ACP and confirm compliance accordingly.
      3. All requests for proposals/quotations, letters of award and contracts to incorporate the JLW policies relating to business conduct, conflict of interest and fighting corruption and unethical practices.

 

RED FLAGS

Appendix A details a list of possible red flags that may arise. If an employee and/or an affiliated or associated third party come across any of these red flags or believe it may occur potentially, he/she must make a report promptly in accordance with the procedures set out in the JLW Whistleblowing Policy.

 

RESPONSIBILITIES

  1. All Directors and senior management are responsible for ensuring strict compliance with this Policy. Every employee is required to be familiar with and strictly comply with this Policy.
  2. Any violation of this Policy will be regarded as a serious matter and will result in disciplinary action, including dismissal and termination.
  3. Any employee or affiliated or associated third party with any suspicions, concerns, or beliefs regarding a violation of this Policy (whether the violation has occurred or may occur in the future) has the duty to report the violation via the communication channel outlined in the JLW Whistleblowing Policy.

 

RECORD KEEPING

  1. Office Accounts will keep all financial records and implement appropriate internal controls which will evidence, substantiate and justify the business reason for making payments to, and receiving payments from third parties.
  2. Expense claims relating to gifts or entertainment must specifically record the persons entertained, the reason for such expenditure along with HOD approval and authorization.
  3. All documents, accounts and records must be prepared and maintained with strict accuracy and completeness.

 

Red Flags Appendix A

The following is a non-exhaustive list of possible red flags that may arise and which may raise concerns:

  1. An employee becomes aware that a party engages in, or has been accused of engaging in improper business practices, improper conduct or has a reputation for paying or requiring bribes;
  2. A party demands gifts, benefits, commission or fees before committing or signing a contract;
  3. A party requests that payment is made to a country or geographic location different from where the party resides or conducts business;
  4. A party refuses to provide or provide insufficient, false, or inconsistent information in response to due diligence questions;
  5. A party requests the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to JLW or a shell entity serves as a middleman;
  6. There are signs that the party is not acting on his own behalf, but trying to conceal the true beneficial owner’s identity;
  7. A party has a reputation of having a “special relationship” with a government, political party or other public official or has been specifically requested by a public official;
  8. A party refuses to sign a commission or fee agreement or insists on the use of a side-letter relating to the payment of funds;
  9. A party requests an unusually large or disproportionate commission, retainer, bonus or other fee or an unexpected additional fee or commission to “facilitate” a service;
  10. A party requests payment in cash or cash equivalent or refuses to provide an invoice or receipt;
  11. A party refuses to provide an invoice or receipt for a payment; or you receive an invoice or receipt that appears to be nonstandard;
  12. A party requests that a transaction is structured to evade normal recordkeeping or reporting requirements;
  13. A party refuses to abide by this Policy or does not demonstrate that it has adequate internal anti-corruption and bribery policies and procedures in place; and
  14. An offer of an unusually generous gift or lavish benefits or entertainment by a party.