1. INTRODUCTION

1. In maintaining good governance, Coway (Malaysia) Sdn. Bhd. (“Coway” or the “Company”) is fully committed to conducting its business activities and operations with high ethical standards and integrity.


2. Coway adopts a zero-tolerance policy against all forms of Bribery¹ and Corruption² by its Higher Management³, employees (whether on a permanent, fixed-term or temporary basis) (collectively, “Employees”) and independent contractors within its Sales, Cody and Homecare Organisations (collectively, “Organisation Members”) and takes a strong stance against such acts.


3. The purpose of this Anti-Bribery and Corruption Policy Statement (“Coway’s ABC Statement”) is to:
1. set out Coway’s responsibilities, and the responsibilities of the Company’s Business Associates⁴ and the Company’s Customers⁵, in observing and upholding Coway’s stance on Bribery and Corruption;
2. provide information and guidance as to how Coway expects those working for/with Coway to conduct themselves; and how to detect and deal with Bribery and Corruption issues; and
3. provide guidance on how to raise concerns with Coway including any breaches of Coway’s Anti-Bribery and Corruption Policy.

2. APPLICATION

1. Coway’s ABC Statement shall be read together with Coway’s Anti-Bribery and Corruption Policy, made available on Coway’s official website coway.com.my/governance, Coway’s Employee Handbook, and all related internal policies and procedures.


2. Coway’s ABC Statement is applicable to all Coway’s Employees and Organisation Members in their course of work/services, and extends to its Business Associates in their performance of services on behalf of Coway, and the Company’s Customers in any dealings with Coway.


3. Coway abides by the Malaysian Anti-Corruption Act 2009 and all guidelines issued by relevant authorities pertaining to the same (collectively “ABC Laws”). In the event of any inconsistencies or conflicts between the terms of this Coway’s ABC Statement and any ABC Laws, the latter shall prevail.

3. FAILURE TO COMPLY WITH COWAY’S ABC STATEMENT

1. Non-compliance with Coway’s ABC Statement by an Employee may result in disciplinary actions, such as suspension without pay or dismissal, corresponding to the severity of the violation.


2. If any Business Associate, Organisation Member or Customer violates this Coway’s ABC Statement, Coway reserves the right to immediately suspend or terminate their contract and all dealings with them without waiving its rights to pursue further claims.

4. OUR COMMITMENTS

1. Coway is committed to:
1. upholding all ABC Laws by inculcating integrity, transparency and accountability in all aspects of business dealings (including maintaining accurate books and records) with its Business Associates and Customers;
2. preventing, deterring, and monitoring Bribery and Corruption in Coway’s business activities;
3. providing guidance to the Higher Management, Employees and Organisation Members acting for Coway and on its behalf on how to handle improper solicitation, Bribery, and other corrupt activities that may raise in the course of business;
4. effectively managing the key Bribery and Corruption risks in its business activities;
5. fully complying with applicable laws and regulatory requirements on anti-bribery and anti-corruption;
6. not accepting bribes, nor agreeing to their acceptance on Coway’s behalf;
7. prohibiting Employees and Organisation Members from soliciting, accepting and offering bribes or any form of corruption;
8. vigilantly monitoring Employees and Organization Members to ensure their compliance with Coway's Anti-Bribery and Corruption Policy and the procedures outlined in the Anti-Bribery Management System (ABMS);
9. ensuring the Company’s Business Associates and the Company’s Customers adhere to Coway's Anti-Bribery and Corruption Policy and related ABMS policies through ongoing monitoring and compliance audits;
10. refraining from conducting business with entities that do not accept or fail to comply with Coway’s ABC Statement;
11. cultivating a culture of integrity by implementing reporting channels for reporting any suspected or actual occurrence of bribery and corruption through the whistleblowing channel [email protected]
12. continually improving policies and procedures related to bribery and corruption matters, including the ABMS.

5. WAIVER

1. This Coway’s ABC Statement shall be reviewed and updated from time to time in compliance with the requirements of all applicable laws. Any deviation or waiver of this Coway’s ABC Statement must be approved by its Higher Management.

¹refers to directly or indirectly (i.e. through a third party), the offering, giving, receiving or soliciting something of value (monetary or non-monetary) in an attempt to illicitly influence the decisions or actions of a person who is in a position of trust within an establishment; and whereas the term ‘Bribe’ shall have a similar corresponding meaning.
²refers to an act of bribery that involves the abuse of position or power to gain an improper personal or business advantage, and any act which would be considered as an offence of giving or receiving ‘Gratification’ under the MACC Act 2009.
³refers to Coway’s Chief Executive Officer (CEO), Managing Director (MD), Chief Financial Officer (CFO), and Chief Human Resources Officer (CHRO).
⁴refers to Coway’s consultants, advisors, contractors, subcontractors, suppliers, vendors and agents; and whereas the term “Business Associates" shall have a similar corresponding meaning.
⁵refers to Coway’s existing and prospective customers; and whereas the term “Customers” shall have a similar corresponding meaning.

1. INTRODUCTION

1. In the course of promoting ethical business practices, Coway (Malaysia) Sdn. Bhd. (“Coway”) is fully committed to conducting its business with the highest integrity, in accordance with all relevant laws and regulations on anti-bribery and corruption, in particular the Malaysian Anti-Corruption Commission Act 2009 (the "MACC Act 2009”), and all guidelines issued by relevant authorities (collectively “ABC Laws”).


2. Coway has developed this Anti-Bribery and Corruption Policy (“Policy”) with the aim to:
1. establish practice standards and provide a practical guidance for all Coway Personnel (hereinafter defined) to understand and comply with the requirements and obligations imposed under the MACC Act 2009 and the Guidelines on Adequate Procedures issued pursuant to subsection (5) of Section 17A of the MACC Act 2009, which include amongst others, the five (5) guiding principles under the TRUST doctrine, as follows:
1. Top level commitment;
2. Risk assessment;
3. Undertake control measures;
4. Systematic review, monitoring and enforcement; and
5. Training and communication; and
2. ensure that there are adequate procedures in place to identify, prevent, monitor, report, and detect any actions constituting a breach of ABC Laws, and to prevent its recurrence.

2. SCOPE OF APPLICATION

1. This Policy applies to all Coway Personnel in their course of work, and extends to the Company’s Business Associates (hereinafter defined) in their performance of services on behalf of Coway, and the Company’s Customers (hereinafter defined) in any interactions with Coway.


2. This Policy is to be read together with:
1. the MACC Act 2009;
2. the Guidelines on Adequate Procedures issued pursuant to subsection (5) of Section 17A of the MACC Act 2009; and
3. other relevant anti-bribery and corruption laws and regulations in Malaysia.

3. DEFINITIONS

1. For the purpose of this Policy, the following terms shall have the meanings as defined below:



ABMS	refers to Coway’s Anti-Bribery Management System, which outlines the anti-bribery policies and procedures implemented to prevent, identify and address any instances of bribery.
Anti-Bribery Compliance Function	refers to the Legal Department, who is responsible in overseeing the design and implementation of this Policy and the ABMS.
Bribery	means, an act of corruption, whether directly or indirectly (i.e. through a third party) involving the offering, giving, receiving or soliciting something of value (monetary or non-monetary) in an attempt to illicitly influence the decisions or actions of a person who is in a position of trust within an establishment; and whereas the term ‘Bribe’ shall have a similar corresponding meaning.
Corporate Gifts	means merchandises that bear Coway’s name and/or logo such as diaries, table calendars, pens, notepads, t-shirts, etc.
Company’s Business Associates	refers to Coway’s existing and prospective consultants, advisors, contractors, subcontractors, suppliers, vendors and agents.
Company’s Customers	refers to Coway’s existing and prospective customers.
Corruption	means dishonest or fraudulent conduct that involves the abuse of position or power to gain an improper personal or business advantage, and includes any act that would constitute an offence of giving or receiving ‘Gratification’ under the MACC Act 2009, as explained in paragraph 3.1 (xii) below.
Coway Personnel	refers to Coway’s employees (whether on a permanent, fixed-term or temporary basis), regardless of position, including the Higher Management (collectively, “Employees”) and, independent contractors within the HP, Cody and Homecare Organisations (collectively, “Organisation Members”).
Donation and/or Sponsorship	means charitable contributions and/or sponsorship payments made to support the community. Examples include sponsorships of educational events, support for non-governmental organisations (“NGOs”), and other social causes.
Facilitation Payments	means payments made to secure or expedite the performance of an administrative duty or function by a person.
Festive or Ceremonial Gifts	means festive or ceremonial gifts given during festive seasons or other ceremonial occasions such as gift hampers, confectionaries, tea sets, angpau packets (with or without cash equivalents), etc.
Gifts	means anything of value including items such as money, securities, business opportunities, goods, services, entertainment, sponsored events, food and beverages, vacations, Corporate Gifts and Festive or Ceremonial Gifts.
Gratification	as defined in Section 3 of the MACC Act 2009, includes the following: money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage; any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity; any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; any forbearance to demand any money or money’s worth or valuable thing; any other service or favour 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 any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f).
Higher Management	refers to the Higher Management of Coway, consisting of the Chief Executive Officer (“CEO”), Managing Director (“MD”), Chief Financial Officer (“CFO”) and Chief Human Resources Officer (“CHRO”).
Hospitality	means the considerate care of guests, which may include refreshments, accommodation and entertainment at restaurants, hotels, clubs, resorts, conventions, concerts, sporting events or other venues, with or without the personal presence of the host.
Kickback	means payments made in return of a business favour or advantage.
Public Officials	includes, without limitation, candidates for public office, officials of any political party, employees of national, municipal or local governments, state-owned enterprises and government linked companies, and officers of a public body as defined in the MACC Act 2009.

4. PROHIBITION OF ACTS OF BRIBERY AND CORRUPTION

1. Coway maintains a zero tolerance policy against any act of Bribery and Corruption. In particular, the following are contrary to this Policy and therefore prohibited:
1. engaging in conduct deemed to be an act of Bribery or Corruption amounting to a criminal offence under any ABC Laws, particularly the MACC Act 2009, or encouraging such conducts by others; and
2. committing or attempting to commit any act that could cast doubts or suspicion over Coway’s commitment in combating Bribery and Corruption.

5. ANTI-BRIBERY AND CORRUPTION PRACTICES STANDARDS

1. All Coway Personnel must adhere to the following anti-bribery and corruption practices standards in their course of work/provision of services:


1. Giving and Accepting Gifts or Hospitality
1. As a general rule, Coway adopts a no gifts and hospitality policy (“No Gifts and Hospitality Policy”) whereby, Coway Personnel are prohibited from offering, soliciting or accepting any Gifts or Hospitality in any form, to or from the Company’s Business Associates or the Company’s Customers, either directly or indirectly which may influence their judgment in a decision making process or put them in a position of conflict, perceived or actual.


2. All Coway Personnel must exercise due care and judgement when dealing with Gifts and Hospitality to ensure they are not perceived as a Kickback or Bribe in any way.


3. All Coway Personnel must adhere to the following (non-exhaustive) practice standards under Coway’s No Gift and Hospitality Policy:
1. never accept or give cash or cash equivalents;
2. never accept or give anything that could be viewed as a Bribe;
3. never misuse your position to obtain anything of value;
4. never accept or offer Gifts and/or Hospitality during any selection process, tender, bidding exercise or contract negotiation;
5. never engage in any actions that would cause the other party to violate their own establishment’s standards for Gifts and/or Hospitality;
6. never offer or accept Gifts and/or Hospitality with any direct or indirect suggestion or implication that a specific outcome is expected in return;
7. never offer or accept Gifts and/or Hospitality if they are in fact or suspected to be improper or illegal;
8. never offer or accept Gifts and/or Hospitality if there is any conflict of interest (as enumerated in paragraph 5.1(E) below).


4. Subject to paragraph (v) below, the following situations are exceptions to Coway’s No Gift and Hospitality Policy where the provision or acceptance of Gifts and/or Hospitality are permissible (“the Exceptions”):
1. exchange of Gifts at a company-to-company level (e.g. Gifts exchanged between companies as part of an official company visit or courtesy call wherein the said Gifts are treated as company property);
2. Corporate Gifts and/or Hospitality provided to the Company’s Business Associates, the Company’s Customers or Public Officials during Coway’s official functions, events and celebrations;
3. Gifts and/or Hospitality provided to Coway Personnel and/or their family members during company functions, events or festive celebrations;
4. Corporate Gifts given out to members of the public attending events such as conferences, exhibitions, trainings, trade shows and deemed as part of Coway’s brand building or promotional activities;
5. Gifts and/or Hospitality given to external parties who have no business dealings with Coway (e.g. monetary gifts or gifts in-kind to charitable organisations);
6. Gifts and/or Hospitality given as part of Coway’s corporate social responsibility programmes.


5. The aforesaid Exceptions are subject to the following conditions and limitations:
1. the Gifts and/or Hospitality are given or received for the right reasons i.e. as an act of appreciation or common courtesy associated with ceremonial occasions;
2. the Gifts and/or Hospitality are given or received without obligation i.e. they must not be used to improperly or illegally influence any business action or inaction;
3. the act of giving or receiving must be open and transparent;
4. the Gifts and/or Hospitality are of nominal or reasonable value i.e. the type of Gift and/or Hospitality and its value must commensurate with the occasion and be in line with general business practices;
5. the act of giving or receiving must not be unlawful i.e. not in contravention of applicable laws;
6. the giving of such Gifts and/or Hospitality must be documented i.e. the expense must be approved in accordance with and comply with Coway’s standard operating procedures;
7. the Gifts and/or Hospitality are given or received with no expectations i.e. without any expectations of a favour or improper advantages from the recipient.


6. If Coway Personnel are offered any Gifts or Hospitality by the Company’s Business Associates or the Company’s Customers, the Coway Personnel must take the following actions:-
1. politely reject the gesture, with a note explaining Coway’s No Gifts and Hospitality Policy;
2. if the Company’s Business Associates or the Company’s Customers extend the Gifts or Hospitality despite the Coway Personnel’s rejection,or such Gifts or Hospitality are sent to Coway’s office premises without the Coway Personnel’s prior knowledge, decline and promptly return them to the said Company’s Business Associates or the Company’s Customers;
3. if returning such Gifts or Hospitality is not practical, retain them temporarily for the purpose of donating them to a non-governmental organisation identified by the Company, subject to Clause 5.1A v. herein; and
4. declare all offers and receipts of Gifts or Hospitality in the Company’s Gifts and Hospitality Declaration Form made available on Coway’s GL Portal or any other designated platforms so as to avoid any allegations of Corruption.


2. Dealings with Public Officials
1. All Coway Personnel must exercise due care and diligence at all times when dealing with Public Officials or associated persons.


2. All Coway Personnel must adhere to the following (non-exhaustive) practice standards when dealing with Public Officials:
1. never give Gifts and/or Hospitality to Public Officials for reasons in any way connected directly or indirectly with his/her official duties;
2. never give Gifts and/or Hospitality to Public Officials, the value of which exceeds one fourth of his/her monthly remuneration or RM500-00, whichever is lower;
3. never attempt to exert any improper or illegal influence on Public Officials, directly or indirectly, to obtain any unfair favours or advantages;
4. never give or receive any Kickbacks to/from Public Officials, directly or indirectly.


3. However, there are exceptions to the above, for example, certain personal celebrations such as retirement, assignment transfer or marriage of Public Officials.


3. Facilitation Payments
1. All Coway Personnel are prohibited from making any Facilitation Payments to any individuals including Public Officials to expedite their performance of duty.


2. All Coway Personnel must adhere to the following (non-exhaustive) practice standards to avoid any activities that may suggest or lead to Facilitation Payments:
1. always make payment of any fees in accordance with an official and published price list;
2. always request for an official receipt issued by the entity upon making payment of fees as proof of payment;
3. never request for cash payments or for payments to be diverted to a third party or country outside normal payment terms and processes;
4. never make payments to influence the award of contracts.


4. Donations and/or Sponsorships
1. All Coway Personnel must ensure that Donations and/or Sponsorships are not used as a pretence for Bribery or to circumvent or avoid any of the provisions in this Policy.


2. All Coway Personnel must adhere to the following (non-exhaustive) practice standards when handling Donations and/or Sponsorships:
1. always ensure that any contributions are not in contravention of any applicable laws;
2. maintain accurate records of all payments made via Donations and/or Sponsorships in the Company’s accounting books and records;
3. never use Donations and/or Sponsorships as a means to conceal any improper payment or Bribery.


5. Conflict of Interests
1. Conflict of interests occurs when an individual or establishment 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.


2. All Coway Personnel shall ensure that their personal and business affairs do not conflict with or appear to conflict with Coway’s interests.


3. All Coway Personnel must adhere to the following (non-exhaustive) practice standards to prevent conflict of interests:
1. avoid any situation or activity that compromises, or may compromise their judgement or ability to act in the best interest of Coway;
2. avoid being in a position where their personal interests are in conflict or may be in conflict with the interests or business of Coway;
3. abstain from engaging in any activities that could provide direct or indirect profit, commercial or business advantages to Coway’s competitors;
4. always identify and disclose any (actual or potential) conflict of interests to their Manager of Department (“MOD”), Group Manager of Department (“GMOD”) or Head of Division (“HOD”) (if they are Employees), or the MOD, GMOD or HOD in charge of their organisation/their respective Senior Manager and above (if they are Organisations Member), or to the relevant department e.g. the Talent Management Department or the Finance - Accounts Payable Department, as the case may be, immediately upon discovery of the same.


6. Recruitment Process
1. Coway provides equal opportunity for any qualified and competent individuals to be recruited based on approved selection criteria, ensuring that only the most qualified and suitable individuals are employed as Employees or appointed as Organisation Members. This is crucial to prevent any element of Corruption in the recruitment process.


2. All relevant Coway Personnel must adhere to the following (non-exhaustive) practice standards when recruiting a Coway Personnel:
1. where applicable, conduct proper background checks to ensure potential candidates have not been convicted of acts of Bribery or Corruption nationally or internationally;
2. ensure offers of employment or appointment are not given in exchange for or to reward any benefit received by Coway;
3. require potential candidates to disclose any actual or potential conflict of interests to Coway and conduct necessary checks to verify these disclosures;
4. never offer employment or appointment, or create a position in Coway in exchange for personal benefits or seek unfair advantages in business negotiations or as an inducement for future business;
5. ensure transparency by properly recording and disclosing any family or household relationships between any candidates and Coway Personnel;
6. ensure all rights, entitlements and benefits provided to candidates are reasonable in value.


7. Dealing with the Company’s Business Associates
1. Coway is committed to applying the highest standard of ethics and integrity in all aspects of its procurement process.


2. All relevant Coway Personnel must adhere to the following (non-exhaustive) practice standards in Coway’s procurement activities:
1. avoid engaging with companies/corporates known or reasonably suspected of corrupt practices or involvement in Bribery;
2. exercise sound judgement in assessing the integrity and ethical business practices of the Company’s Business Associates;
3. conduct proper due diligence and screening processes including ensuring the completion of the Know Your Business Associates Self-Declaration Questionnaire or Business Associates’ Integrity Pledge, whichever is applicable, by the Company’s Business Associates asenumerated in Finance - Accounts Payable Department’s Vendor Registration Policy (FIN012), prior to on-boarding any Company’s Business Associates;
4. never accept any Gifts and/or Hospitality during a tender process or contract negotiation;
5. treat all Company’s Business Associates fairly and equally and make procurement decisions based on approved objective criteria without personal bias or favouritism;
6. periodically monitor the performance and business practices of the Company’s Business Associates to ensure ongoing compliance with this Policy;
7. regularly review and evaluate the quality and pricing of the goods or services provided by the Company’s Business Associates; and
8. ensure that the Company’s Business Associates are aware of and comply with this Policy and provide an undertaking to comply with the same.


8. Financial and Non-Financial Controls
1. Coway has established policies and procedures covering the following areas:


1. Financial controls; which are mechanisms and procedures implemented to ensure the integrity of financial and accounting information. Key controls include segregation of duties, reconciliation, approval process, disbursement controls, audit trails and information security; and


2. Non-financial controls; which are controls pertaining to non-financial business transactions. Examples include satisfaction surveys, defect counts, quality assessments of outputs or inputs, complaint handling procedures and monitoring project progress.


9. Record Keeping
1. An accurate and auditable record of all financial transactions must be maintained in accordance with generally accepted accounting principles. This includes keeping proper records of all Gifts, Hospitality, contributions and payments made and received. The accounting entries must accurately reflect the true nature of each transaction and must not distort or disguise any details.


2. All relevant Coway Personnel must adhere to the following (non-exhaustive) practice standards:
1. ensure adequate records are kept and refrain from concealing or refusing to make records available;
2. never make false entries or alterations in the books and records maintained by Coway;
3. avoid creating back-dated or post-dated documents, false invoices, false applications, statements, or any other falsified documents;
4. properly maintain accurate records of the Gifts and/or Hospitality offered or received

6. RAISING A CONCERN

1. Coway Personnel who encounter actual or suspected violation of this Policy are required to report their concerns promptly to [email protected]. Reports should be based on first-hand knowledge or information of the facts. Include details such as dates, times, individuals involved, and any evidence or observations that support the suspicions. Information obtained from third parties or hearsay will not be entertained.


2. Reports must be made in good faith, either anonymously or otherwise, and shall be addressed in a timely manner and without fear of reprisal regardless of the outcome of any investigation.


3. The identity(ies) of those involved, reports and all information acquired from any investigation will be kept confidential unless disclosure is required by law.


4. If any Coway Personnel have any queries concerning this Policy and related requirements, please contact the Legal Department at [email protected].

7. DISCIPLINARY/REPRIMANDING ACTIONS AND TERMINATION OF EMPLOYMENT/SERVICES CONTRACT

1. Any Coway Personnel found to have -
1. violated any provisions in this Policy;
2. failed to report any known or suspected violation of this Policy;
3. breached his/her duty of confidentiality by disclosing ongoing investigations; or
4. made any false accusations, fabricated allegations or complaints against another in bad faith,

shall be subject to disciplinary or reprimanding actions, as applicable.


2. The nature and severity of the disciplinary or reprimanding measures will commensurate with the gravity of the violation. Such measures may include suspension without pay or dismissal/termination of appointment. The incident will also be documented in the violator’s personal file.


3. In addition to internal measures, Coway may report violations to the police and other relevant authorities, including the Malaysian Anti-Corruption Commission (the “MACC”).


4. In the event that any of the Company’s Business Associates or the Company’s Customers is found or suspected to have violated this Policy or is convicted or subject to any investigation, inquiry or enforcement proceedings by the relevant authorities of any actual or suspected breach of any ABC Laws, particularly the MACC Act 2009, Coway shall have the right to suspend or terminate its contract with the said Company’s Business Associate or Company’s Customer immediately without prejudice to Coway’s right to seek further damages resulting from the said violation.

8. VIOLATION OF THIS POLICY AND ITS CONSEQUENCES

1. Engaging in Bribery or Corruption practices not only violates this Policy but also constitutes a criminal offence in Malaysia. Under Section 24 of the MACC Act 2009, a person who commits Bribery or Corruption, if found guilty, may be subject to imprisonment for up to twenty (20) years and a fine of not less than five (5) times the sum or value of the relevant Gratification, or RM10,000-00, whichever is higher.


2. Under Section 17A (1) of the MACC Act 2009, a company may be held liable if its employees or persons performing services for or on behalf of the company corruptly provide Gratification to any person in return for an advantage and, if found guilty, may be subject to imprisonment for up to twenty (20) years and/or a fine of not less than ten (10) times the sum or value of the relevant Gratification or RM1,000,000-00, whichever is higher, or both. Directors or members of the senior management may also be deemed to have committed an offence under Section 17A (3) of the MACC Act 2009.


3. Any person who knows and fails to report the giving or offering of Bribes commits an offence under Sections 25 (1) and (2) of the MACC Act 2009 and if found guilty, he or she shall be liable to a fine not exceeding RM100,000-00 or imprisonment for a term not exceeding ten (10) years, or both.


4. Any person who knows and fails to report the solicitation and obtaining of Bribes commits an offence under Sections 25(3) and (4) of the MACC Act 2009 and if found guilty, he or she shall be liable to a fine not exceeding RM10,000-00 or imprisonment for a term not exceeding two (2) years, or both.

9. ROLES AND RESPONSIBILITIES

1. Higher Management

   The Higher Management shall:
1. approve and oversee this Policy and all related internal policies and procedures;
2. ensure that the Company’s overall strategic direction is aligned with this Policy and supports its overall goals;
3. allocate adequate resources to support the effective implementation and operation of the ABMS;
4. oversee the identification, assessment, and management of Bribery and Corruption risks within the Company;
5. monitor the performance of the ABMS and review its effectiveness periodically;
6. provide leadership and demonstrate commitment to ethical conduct and integrity throughout the Company;
7. communicate the Company's commitment to anti-bribery efforts to internal and external stakeholders;
8. understand the Bribery and Corruption risks associated with Coway’s business activities and be fully committed to establish an effective anti-corruption risk management framework; and
9. ensure Coway establishes, maintains and periodically reviews this Policy including procedures and controls to address corruption risks.


2. Immediate superiors, MODs, GMODs and HODs

   All immediate superiors, MODs, GMODs and HODs shall:
1. establish relevant internal policies/practices to ensure that this Policy is complied with by their subordinates;
2. provide sufficient resources and awareness to their subordinates for the effective execution of internal policies/practices;
3. communicate the importance of an effective ABMS to internal stakeholders;
4. promote awareness and foster a culture of anti-corruption within the Company;
5. encourage the use of reporting channels/procedures for Bribery concerns or incidents;
6. oversee the implementation of this Policy and internal policies/practices;
7. monitor any violations of this Policy; and
8. protect Coway Personnel from retaliation or disciplinary measures for reporting suspected anti-bribery policy violations or refusing to engage in Corruption, unless they are directly involved in the wrongdoing.


3. Legal Department

   The Legal Department holds Coway’s Anti-Bribery Compliance Function; and shall:-
1. assist the Higher Management and the Company, as a whole, in monitoring Coway Personnel’s adherence to anti-bribery and corruption procedures, controls and the ABMS;
2. provide legal advice on matters related to this Policy and the ABMS, including the interpretation of the provisions under ABC Laws;
3. oversee and facilitate the reporting and investigation procedures for complaints made pursuant to Clause 6 herein;
4. implement necessary changes to this Policy and the ABMS with the approval of the Higher Management in ensuring that this Policy is sound and up-to-date; and
5. monitor and report the performance of this Policy and the ABMS to the Higher Management on a regular basis.


4. Human Resources (“HR”) Division

   The HR Division shall:
1. monitor Employees’ adherence to this Policy and ABMS, ensuring compliance with anti-bribery and corruption procedures and controls;
2. conduct trainings sessions and awareness campaigns (including the circulation of educational materials) to raise awareness of this Policy among Employees; and
3. handle any disciplinary procedures under this Policy concerning Employees.


5. Compliance Department

   The Compliance Department shall:
1. monitor Organisation Members’ adherence to this Policy and ABMS, ensuring compliance with anti-bribery and corruption procedures and controls;
2. periodically issue reminders (including circulation of memos emphasising Coway’s zero tolerance stance towards Bribery and Corruption) to raise awareness among Organisation Members; and
3. handle any reprimanding procedures under this Policy concerning Organisation Members.


6. Government Relations (‘GR’) Department

   The GR Department shall act as the liaison between Coway and the local regulators i.e. the MACC in relation to ABC Laws.



7. All Coway Personnel

   All Coway Personnel shall:
1. read, understand and comply with this Policy (including any internal policies/practices relating thereto) in their course of work or provision of services; and
2. promptly report any violation or suspected violation of this Policy as per the procedures outlined in this Policy.

10. TRAINING AND COMMUNICATION

1. Coway conducts regular training on Bribery and Corruption for all Coway Personnel to refresh their awareness of anti-bribery and corruption measures. Additionally, all new Employees will undergo an orientation on this Policy during their induction on their first working day and will be required to complete the training afterwards.


2. Coway’s zero tolerance stance on Bribery and Corruption must be clearly communicated to all Company’s Business Associates at the outset of their business relationship with Coway and as necessary thereafter.

11. MONITORING AND REVIEW

1. The Anti-Bribery Compliance Function shall oversee the implementation of the ABMS and assess its effectiveness in mitigating risks related to Bribery or Corruption within Coway.


2. Coway acknowledges that effective ABMS management requires continuous oversight. Therefore, Coway will periodically audit its internal control systems and procedures, including this Policy, to ensure they effectively mitigate bribery and corruption risks and achieve their intended objectives.