Key Requirements of the MACC Act

The main offences under the MACC Act are:

1. Soliciting or receiving gratification

• Any person who solicits or receives or agree to receive (for himself or for any other person) or gives, promises or offers to any person any gratification as an inducement to or a reward for any person doing or forbearing to do anything;

• Any person accepts or obtains, or agrees to the same, any gratification as an inducement or reward for doing or forbearing to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business commits an offence;


2. Offering or giving gratification

• Any person who gives or agrees to give or offers any gratification to any agent as inducement or reward for doing or forbearing to do, or for having done or forbone to do the same in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business;


3. Intending to deceive

• Any person who gives to an agent, or being an agent he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal;


4. Using office or position for gratification (abuse of position);


5. Failing to report when offered bribery

• Any person to whom any gratification is given, promised or offered in contravention of MACC 2009 shall report the same.

The Policy.

1. BRANDTHINK condemns any form of bribery or corruption. All Associated Persons shall take all measures to prevent corrupt practices in its dealings with BRANDTHINK.

2. In relation to anti-bribery and corruption, BRANDTHINK requires all Associated Persons to:

• Act lawfully, ethically and in the public interest;

• Prohibit bribery and corruption; and

• Not tolerate illegal or unethical behavior by clients, suppliers or by public officials.

• Avoid any situation or activity that compromises, or may compromise, their judgement or ability to act in the best interest of BRANDTHINK.

• Avoid being in a position where their personal interests are in conflict (or could be in conflict) with the interests or business of BRANDTHINK.

• Avoid engaging in activities that will bring direct or indirect profit, commercial or business advantages to BRANDTHINK’s competitor.

• Avoid acting in ways that may compromise BRANDTHINK’s legality

• Identify and disclose any conflicts of interest.

3. Offer or provide, directly or through any intermediaries, any bribe, gift, reward, consideration, favour or any other advantage, whether material or immaterial (to any representative of BRANDTHINK for the purpose of-

• influencing them to act contrary to BRANDTHINK’s interest; or

• obtaining or rewarding favourable treatment by BRANDTHINK with respect to the terms, conditions, price or performance of a contract;

• Act illegally including bribes, blackmail, inducements, secret commissions, other rewards and similar improper actions.

4. Offer or provide directly or through any intermediaries, any bribe, gift, reward, consideration, favour or any other advantage, whether material or immaterial which might be considered a bribe under international legislation, to a government official, either in Malaysia or any other country;


5. BRANDTHINK adopts a strict stance that prohibits “Facilitation” payments or other provision made personally to an individual in control of a process or decision. The Associated Persons are expected to notify their immediate superior when encountered with any requests for a facilitation payment. 

6. It is the responsibility of all Associated Persons, that any ethical, legal, financial or other conflicts of interest be avoided and that any such conflicts (where they do arise) do not conflict with the obligations to BRANDTHINK.

Gifts Policy.

1. Offering or receiving any gifts that may be perceived to unfairly influence a business relationship must be strictly avoided at all time. They should only be provided and received where they are appropriate, consistent with reasonable business practice, and would not be perceived to have any improper influence on the recipient.

2. Any gift must be unsolicited and not affect, or be perceived as affecting, business judgment. Gifts should only be offered to and received in connection with a customary business or cultural occasion. Cash, loans, kickbacks or the equivalent advantages are absolutely prohibited.

3. Gifts must not exceed RM150 and in any event, must not occur more than 3 times a year with the same person.

4. No gift must be given to government officials on BRANDTHINK’s behalf.

5. Hospitality must be unsolicited and not affect, or be perceived as affecting, business judgment. Meals and entertainment should only be offered to and received from the BRANDTHINK representative dealing with the customer or service provider in their role in BRANDTHINK, is for purposes supported by BRANDTHINK and may only be offered in conjunction with legitimate business meetings, conferences or events hosted, supported or sponsored by BRANDTHINK.

6. Associated Persons must never avoid their obligation to report or seek approval for any business gift by paying personally for it in circumstances where they would otherwise be required to report and/or seek approval for it.

7. All Associated Persons should use good judgment in offering or receiving the above-mentioned. In determining whether a specific gift item lies within the bounds of acceptable business practice, Associated Persons are encouraged to discuss the issue with the administrative team at BRANDTHINK.

Donations, Contributions and Sponsorships.

1. Associated Persons may only make or receive a charitable donation provided it has been subject to due diligence and management approvals and is appropriate in all the circumstances.

2. No donations or payments may be made to political parties or candidates.

3. No donations or payments may be made to any official in any government, local or foreign.

Whistle-Blowing and Reporting Channels

Please report any suspected instances of corruption or attempted corruption in matters or dealings relating to BRANDTHINK and its employees and any Associated Persons so that we may take steps to address this urgently.

Our whistle-blowing email is: [email protected].

FAILURE TO COMPLY

Failure to comply with this Policy may lead to Employees being subject to disciplinary action, up to and including dismissal, as well as termination of any contracts with any Associated Persons connected.

BRANDTHINK reserves the right to amend, modify, suspend or terminate this policy at any time, with or without notice.