No Gift Policy / Vendor Code of Conduct / Whistleblowing
Cagamas is committed to conduct our business in the highest standard of integrity and good governance.
In line with the above commitment, Cagamas adopted a No-Gift Policy effective 1 January 2018 whereby our employees are prohibited from accepting or soliciting any gifts (festive or otherwise) with current or potential customers, vendors, or business partners.
This is to prevent any conflicts of interest, or appearance of such in our business dealings.
We thank you for your continuous support and for observing our “No Gift Policy”.
1.0 Compliance with this VCoC
1.1 All vendors shall embrace the spirit of Cagamas Berhad’ (Cagamas)’ commitments to integrity and shall adhere to this VCoC.
1.2 The VCoC shall apply to all vendors which consists of contractors, consultants and agents of Cagamas and to any person(s) appointed by them in any capacity to deliver the goods or perform any part of the services, including their employees, agents, suppliers and sub-contractors (“their representative”) (Vendors). Cagamas expects its Vendor(s) to comply with the VCoC when engaging with Cagamas and in conducting business with Cagamas.
1.3 Before the commencement of the services, it is the responsibility of the Vendor(s) to ensure that its representative(s) understands and complies with this VCoC. The Vendor(s) must inform Cagamas if the Vendor(s) knows, or has reason to believe, that a violation by it or its representative(s) may have occurred or is likely to occur in the future.
1.4 Cagamas, may from time to time, require the Vendor(s) to provide attestation in writing or signing of the Vendor’s Letter of Undertaking (Appendix 1) of its compliance with this VCoC (for contract above RM10,000), relevant laws and regulations, and that the Vendor(s) must provide Cagamas with such information as requested. Vendors must cooperate with Cagamas in any investigation Cagamas or third parties appointed by Cagamas may conduct.
1.5 Cagamas reserves the right to take action on the Vendor(s) for breaching the VCoC. In case of non-compliance with the VCoC, Cagamas may take one or more of the following actions:
(a) a revocation of offer for tender or quotation and from participation in future tenders/ quotations or future contracts;
(b) a termination of contract;
(c) a deduction of any amount paid or to be paid from the purchase price;
(d) blacklist from Cagamas’ Approved Panel/Suppliers List; or
(e) Any other action that the Cagamas deems fit.
2.0 Principles of the Vendor Code of Conduct
2.1 The following principles support the core values of Cagamas and should be adhered to:
|Principles of the Vendor Code of Conduct|
|Act with Integrity||
Vendors will conduct all procurement and business relationships with integrity, respect and trust and will not disclose confidential or competitive information or data to any unauthorised third party unless required by law.
Vendors must have appropriate policies, procedures and security controls in place to protect Cagamas’ personal, proprietary and confidential / competitive information, including information that the Vendors access, receive or process on behalf of the Cagamas and prevent any information leakage. Vendors should recognise that unauthorised use or disclosure of such information may have personal, legal, reputational and financial consequences for the Vendor, individuals whose personal information may be implicated, and for Cagamas.
In addition, Vendors must comply with the Cagamas’ policies including the VCoC and all applicable laws and regulations including privacy / data protection, laws.
Vendors must be accountable for goods provided / services rendered, honour their commitment on a timely basis and in accordance with obligations under the agreements which has been agreed on or undertaking given to Cagamas.
|Avoid the appearance of or actual conflict of interest||
The appearance of a conflict of interest is present if there is potential for the personal interests of an Employee to interfere with his duties and responsibilities to Cagamas, or to affect or influence business decision making for and on behalf of Cagamas.
Vendors with actual or potential conflict of interest are expected to declare in writing to Cagamas even if the knowledge arises after appointment and to take action to proactively address the conflict as soon as it is aware. If in doubt it should be highlighted to Cagamas.
Cagamas prohibits Vendors from gaining improper advantage in their relationship with Cagamas’ Employees. The Vendor is required to disclose to Cagamas in writing if they have any family connection with any of the Cagamas’ Employees
If at any point of time a situation of actual or potential conflict of interest arises, the Vendor must inform Cagamas in writing of the circumstances as soon as they become aware of the situation
* Family connection refers to spouse, children and their spouses, parents and in-laws, siblings and their spouses and children.
|Abide by the rule of law||
Vendors must comply with all applicable laws, and regulations as well as principles under the VCoC. This includes, but is not limited to, laws and regulations related to work practices, the environment and the provisions of all relevant anti-bribery and anti-corruption laws. Vendor will not offer or provide money or anything else of value to any agent or representative of any government or government agency in order to obtain or retain business and will avoid practices which will give rise to charges of bribery, corruption and prohibited business practices.
Vendors will provide honest and open representation of its organisation, its qualification, its experience and its capabilities in delivering goods and services to the Company.
Vendors will also disclose accurate references of previous work or engagements which they have undertaken.
|Prohibit any form of gift/business courtesy to procure favours and/or unfair advantage||
Receiving or giving of gifts can affect or be seen to affect business judgement or create the expectation of special treatment. Any acts of this nature, whether provided directly or indirectly through an intermediary, may also be construed as an act of bribery that may tarnish Cagamas’ reputation or be in violation of the Anti-Bribery and Anti-Corruption laws.
Vendors will never directly or indirectly make any offer of bribery or corruption to Cagamas’ Employees and/or their families in order to obtain or maintain Cagamas’ business. Vendors should report to Cagamas if any Cagamas Employees or business associates request for such incentives.
During bid or evaluation process, Vendors should refrain from entertaining or treating Cagamas employees involved in the evaluation and/or their families such as providing special invitations to events or functions.
3.0 Reporting of Potential Breach
3.1 Any party with knowledge or belief of any integrity concerns can raise the same without fear of reprisal. Any potential integrity concerns, including but not limited to breach or questionable breach of any laws or regulations, or this VCoC, or unethical behaviour, may be reported to any of the following Authorised Officers:
- President/Chief Executive Officer;
- Chairman of the Board of Directors; or
- Chairman of the Group Board Audit Committee.
3.2 If the complaint is against the President/Chief Executive Officer, the report should be submitted to the Chairman of the Board of Directors and if the complaint is against the Chairman of the Board of Directors, the report is to be submitted to the Chairman of the Group Board Audit Committee.
3.3 The reporting process is available at the Company’s website: https://www.cagamas.com.my/no-gift-policy-vendor-code-of-conduct-whistleblowing
3.4 All information will be promptly reported to the appropriate channels, and will be handled with the utmost discretion. The identity of the concerned reporting party will be treated with the strictest confidentiality at all times, unless otherwise provided by Cagamas’ policies and guidelines, required by law or for the purpose of any proceedings by or against the Cagamas. Cagamas will not tolerate any retaliation taken by its employees, or vendor(s) or its representative(s) against any individual for reporting in good faith on any questionable behaviour or possible violation of the VCoC or unethical behaviour.
Cagamas expects the highest standards of integrity from all its employees and vendors. It takes a serious view of any improper conduct on the part of any of its employees, management, directors and vendors, in particular with respect to their obligations to the Company’s interests.
The Whistleblowing channel is established to help stakeholders raise legitimate concerns, in confidence and without fear of retaliation, on any improper conduct that they may observe in the Company.
The following FAQ on Whistleblowing serves as a guideline for Cagamas stakeholders to report a Whistleblowing complaint to the Management of Cagamas for action.
Whistleblowing is an act where stakeholders report perceived improper conduct to Management for action. All legitimate concerns raised will be objectively investigated and addressed.
Improper conduct shall also include but not limited to the following:
- Conduct which constitutes a criminal offence under the law such as bribery, corruption, fraud, forgery, cheating, theft, embezzlement, criminal breach of trust, abetting or intending to commit criminal offence;
- Conduct which is in contravention of the established written policies and guidelines including but not limited to breach of confidentiality, abuse of power or misuse of the Company’s resources;
- Failure to comply with legal and statutory obligations;
- Any other conduct that undermines the ethical values of the Company or may cause loss / detrimental to the interest of the Company; or
- Any attempt to conceal or suppress information relation to the above.
Whistle-blower who acts in good faith will be accorded protection, subject to appropriate action, up to and including legal action. The Whistleblower will be protected from “detrimental treatment” within the Company as a direct consequence of the disclosure.
Acting in good faith means acting without malicious intentions, in the better interest of the Company and ensure that the disclosure is not for personal gain or motivated by ill intention.
Yes, your identity will be kept confidential, except if required by law. However, your consent will be sought should there be a need to disclose your identity for certain circumstances e.g., requirement to testify in court.
- The complaint can be submitted to any of the following Authorised Officers:
- President/ Chief Executive Officer;
- Chairman of the Board of Directors;
- Chairman of the Group Board Audit Committee.
- If the complaint is against:
- the President/ Chief Executive Officer, the report should be submitted to the Chairman of the Board of Directors; and
- the Chairman of the Board of Directors, the report is to be submitted to the Chairman of the Group Board Audit Committee.
- A whistle-blower should not submit a report to a designated officer who is the subject of reporting.
Fill up the Whistleblowing Form (download from here) together with the relevant supporting document(s) and submit using one of the following channels:
|firstname.lastname@example.org||Sealed letters with indicative labels “Strictly Confidential. To be opened by Addressee only” on the left hand corner of the envelope, addressed to:
[“Name of Appropriate Designated Person”] (Refer to Q 6 above)
Level 32, The Gardens North Tower,
Lingkaran Syed Putra,
Mid Valley City,
59200 Kuala Lumpur
Yes, you can.
Kindly deliver or send your request in writing, stating the reason(s) for withdrawal. Notwithstanding such withdrawal, the Company reserves the right to proceed with investigation on the matters arising from the disclosure.
Subject to legal constraints, the Whistleblower will be notified of the outcome of the investigation as soon as practicable. If the Whistleblower is dissatisfied with the outcome of the investigation, the Whistleblower may submit another detailed report explaining why this case should be investigated again.