1.1 The purpose of this Policy is to provide information and practical guidelines to the Directors and Employees of Nando’s Chickenland Malaysia Sdn. Bhd. (“ Nando’s ”) to ensure that they adhere to all applicable laws, regulations and rules including the Malaysian Anti-Corruption Commission Act 2009 (including any amendments thereto) (“MACC Act 2009”) and Nando’s Code of Ethics, Business Practice and Conduct policies and procedures.
1.2 Bribery and Corruption are defined as the giving or receiving of an undue benefit, with the intention of influencing the judgement and decision of public officers, third parties or business partners for commercial advantage.
2.1 Nando’s shall not promise or offer, or agree to give or offer, facilitation payments to an officer of any public body (as defined in the MACC Act 2009) or organisation to secure or expedite the performance of a routine action by an officer of a public body or organisation. However, there could arise exceptional circumstances in which the Directors or Employees have no alternative but to make a facilitation payment in order to protect themselves from injury, loss of life or liberty. Any request for facilitation payment under such circumstances should be reported immediately to the immediate superior or CEO.
3.1 This Policy does not prohibit normal gifts, entertainment, corporate hospitality, festival courtesies, meals and refreshments, travelling expenses and gratuities (collectively referred to as “Gratuities”) which are fair and reasonable, bona fide, in accordance with the proper corporate authority limit, commensurate with the position and circumstances and common industry practice such as to foster goodwill and strengthen working relationships with stakeholders.
3.2 All such Gratuities must not be lavish and extravagant, inappropriately frequent and excessive with the intention of influencing the decision making and judgement of the stakeholders or recipient to obtain or receive favourable business benefits and advantage.
3.3 Nando’s may make or receive Donations and Sponsorships provided that such donations and contributions are legitimate, bona fide and in compliance with proper approval limits and applicable laws and regulations.
4.1 A conflict of interest exists when a person has a private interest that is not for the betterment of Nando’s. In conflicting situations, the Directors or Employees concerned shall put the interests of Nando’s above personal interests.
4.2 Any conflict of interest or potential conflict of interest should be declared to the immediate superior or representative from the HR department and properly documented.
5.1 All business partners, including agents, suppliers, consultants and joint venture partners should be made aware of this Policy and the arrangements with them shall be subject to clear contractual terms, including specific provisions requiring them to comply with this Policy accordingly.
6.1 Nando’s has a Whistleblowing Policy that allows employees and members of the public who are aware of, or suspects a violation of the Policy to whistle blow and report in good faith their concerns though the mechanics set out under Nando’s Whistleblowing Policy. All reports shall be treated confidentially.
7.1 Awareness and/or training programme on this Policy shall be provided to all Directors and Employees. All such training and communication records will be updated and kept by the Human Resource Department accordingly.
8.1 Relevant information and records are to be properly kept and maintained for a reasonable period of time in accordance with prevailing laws and regulations.
9.1 The Board will monitor compliance with the Policy and review the Policy regularly to ensure that it continues to remain relevant and appropriate.