FELDA GLOBAL VENTURES HOLDINGS BERHAD
EXTERNAL GIFT, ENTERTAINMENT AND HOSPITALITY
POLICY
GLOBAL VENTURES HOLDINGS BERHAD
1
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page:
Table of Contents
1.0
PURPOSE........................................................................................ 2
2.0
APPLICATION AND SCOPE.................................................................... 2
3.0
DEFINITIONS ................................................................................... 3
4.0
RESPONSIBILITY AND COMPLIANCE TO THE POLICY .................................... 6
5.0
ADMINISTRATION OF THIS POLICY ......................................................... 6
6.0
GENERAL PRINCIPLES......................................................................... 7
7.0
RECEIVING OF GIFTS .......................................................................... 8
8.0
PROVISION OF GIFTS ......................................................................... 9
9.0
RECEIVING OF ENTERTAINMENT ...........................................................10
10.0
PROVISION OF ENTERTAINMENT...........................................................11
11.0
RECEIVING CORPORATE HOSPITALITY ....................................................11
12.0
PROVISION OF CORPORATE HOSPITALITY ...............................................12
13.0
FACILITATION PAYMENT ....................................................................13
14.0
RECORDS AND MONITORING OF GIFT, ENTERTAINMENT AND HOSPITALITY .......13
APPENDIX 1 ............................................................................................14
APPENDIX 2 ............................................................................................15
APPENDIX 3 ............................................................................................21
APPENDIX 4 ............................................................................................24
Appendix 5 .............................................................................................25
1
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 2
1.0
PURPOSE
1.1
The purpose of this Policy is to establish the framework by which the External Gift,
Entertainment and Hospitality (“GEH”) will be dealt with by Felda Global Ventures
Holdings Berhad (“FGV”) and its Group of Companies (collectively referred to as the
“FGV Group” or “Group”) to promote integrity and adherence to legal requirements
and ethical standards.
1.2
This External Gift, Entertainment and Hospitality Policy is based on legal, ethical and
cultural considerations involved in the giving and receiving of Gifts, Entertainment
and Hospitality by FGV Group’s Directors, Employees and Advisors from/to third
parties and provides guidance concerning how to deal with improper solicitation and
bribery that may arise in the course of business.
1.3
FGV Group endeavours to maintain a good image of integrity, transparency and
accountability in all aspects of its business through efficient, productive and
disciplined behaviour.
2.0
APPLICATION AND SCOPE
2.1
This policy is named the External Gift, Entertainment and Hospitality Policy
(hereinafter referred to as the “GEH Policy” or “Policy”) and is intended to apply to
the FGV Group and all the Directors, Employees and Advisors (“DEA”) of the FGV
Group.
2.2
Under this policy, any reference to the DEA shall extend to the Gift, Entertainment
and Hospitality received or given via Family Members as defined in Paragraph 3.
2.3
This Policy makes reference to, and shall be read together with, FGV Group’s
Delegated Authority Limit ("DAL”) and other relevant codes and policies.
2.4
If a law conflicts with this Policy, the DEA should comply with the law. If the DEA
perceive that a provision in this Policy conflicts with the law in their jurisdiction, the
DEA should consult with FGV Group Human Resources Business Partner (“HRBP”)
immediately, rather than disregard the Policy without consultation.
2.5
Appendix 1 includes some Frequently Asked Questions to guide the users of this
Policy on the application of the GEH Policy whilst Appendix 2 highlights the Do’s and
Don’ts of the GEH Policy.
External Gift, Entertainment
and Hospitality Policy
3.0
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 3
DEFINITIONS
“Advisor”
:
Means a person appointed by FGV Group to perform a
specific task or purpose who is not categorised as an
Employee and shall exclude the Advisors appointed
to advise the Chairman of FGV, FGV Board, FGV
Board Committees, FGV Cluster Boards and Board of
Directors of FGV’s subsidiaries
“Board”
:
Means the Board of Directors of FGV Group
“COBCE”
:
Means the Code of Business Conduct and Ethics for
Employees
“Company”
:
Means the FGV Group or FGV Group’s subsidiaries in
which FGV Group holds a controlling interest and
have management control
“Corporate
hospitality” or
“Hospitality”
:
Means corporate events or activities organised by an
organization for the benefit of the organization
which include but are not limited to sporting events,
gala dinners, concerts or activity-based events such
as golf tournaments, treasure hunt or activities
involving the hosting of multiple stakeholders of the
invitee
“Corporate Gifts”
:
Means any gift by or for corporate entities
incorporating a conspicuous advertisement or logo of
the business or product samples or any gifts which
are given out by FGV Group or Third Party to
members of the public, delegates, customers,
partners and key stakeholders attending events such
as conferences, exhibitions, training, trade shows
etc. and deemed as part of the giver’s brand building
or promotional activities
“Conflict of Interest”
:
Means when personal interests and relationships
impair, or appear to impair the independence of any
judgement in which, the DEA may need to make in
discharging his/ her duties to FGV Group. It could
also arise in a situation in which an individual is in a
position to take advantage of his or her role in FGV
Group for his or her personal benefit, including the
benefit of his or her family/household and friends.
This would undermine the duties of good faith,
fidelity, diligence and integrity as expected by FGV
Group from its DEA in the performance of their
duties and obligations
“DAL”
:
Means the Delegated Authority Limit
“Director”
:
Means the Director(s) of FGV Group in accordance
with the definition provided in the Companies Act
1965
“DEA”
:
Means the Directors, Employees and Advisors
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 4
“Employee”
:
Means employees who serve FGV Group worldwide on
a permanent, contract, secondment, temporary or
assignment basis
“Entertainment”
:
Shall include:
(a) the provision of food, drink, recreation or
entertainment of any kind; or
(b) the provision of accommodation or travel in
connection with or for the purpose of facilitating
entertainment of the kind mentioned in paragraph
(a) above,
with or without consideration paid whether in cash
or in kind, in promoting or in connection with a trade
or business activities and/ or transactions
“Facilitation
Payment”
:
Means the payment made to a person or a company
in order to facilitate, expedite and/ or secure the
interest of the giver or persons connected to the
giver through the performance of a routine or
administrative duty or function
“Family Members”
:
Means in relation to a person means such person who
falls within any one of the following categories:
(a) spouse;
(b) parent including parents in-law, grandparents and
grandchildren;
(c) child including an adopted child and step-child;
(d) brother or sister, nieces, nephews, uncles, aunts,
cousins and any persons related through adoption
and legal guardianship; and
(e) spouse of the person referred to in subparagraphs
(c) and (d) above.
“FGV”
:
Means Felda Global Ventures Holdings Berhad
“FGV Group” or “the
“Group”
:
Means the FGV Group of Companies, including FGV’s
subsidiaries worldwide and FGV’s listed subsidiaries,
in which FGV holds a controlling interest and have
management control
“GCCD”
:
Means the Group Corporate Communications
Department
“GPCEO”
:
Means the Group President/ Chief Executive Officer
of FGV
“GEH” or the “Policy” :
Means the External Gift, Entertainment and
Hospitality Policy
“GGD”
:
Means the Group Governance Division
“GHRD”
:
Means the Group Human Resources Division
“Gifts”
:
Means something that is bestowed voluntarily and
without any form of compensation or any object or
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 5
favour given or promised. These shall constitute
money, donation, loan, fee, reward, valuable
security, goods, services, movable or immovable
property, interest or use of FGV Group’s facilities or
property that may provide any other similar
advantage or benefits. The definition shall include
but not be limited to the following;
a) any office, dignity, employment, contract of
employment or services, and any agreement to
give employment or render services in any
capacity;
b) any payment, release, discharge or liquidation or
any loan, obligation or other liability, whether in
whole or in part;
c) any valuable consideration of any kind, any
discount, commission, rebate, bonus, deduction
or percentage;
d) any forbearance to demand any money or
money’s worth or valuable thing;
e) any other service or favours of any description,
such as granting any favourable terms outside
the ordinary course of business without prior
approval from the Board, 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;
f) any offer, undertaking or promise, whether
conditional or unconditional, of any gratification
within the meaning of any of the preceding
paragraphs; and
g) Any cash or cash equivalents in the form of
vouchers, discounts, coupons, shares and
commission etc.
“Infrequent”
:
“Third Party/ Parties” :
Means once or twice a year
Means any external person or company independent
of FGV Group which may include customers,
potential customers, contractors, external
companies and any other external stakeholders with
whom a business relationship, whether current,
prospective or historic exists
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 6
4.0
RESPONSIBILITY AND COMPLIANCE TO THE POLICY
4.1
The DEA of FGV Group shall demonstrate integrity and transparency by complying
with this Policy, other applicable codes and policies of FGV Group and all applicable
laws and regulations.
4.2
Failure by the Employee and Advisors to comply and observe this Policy which
includes failure to declare the GEH may result in disciplinary action, up to and
including termination of employment or contract of services, where applicable. GHRD
shall report any violations of the Employees and Advisors or suspected violations of
this Policy by the Employees and Advisors which shall be investigated in accordance
with FGV Group’s Disciplinary Policy. In the event that a violation is confirmed,
appropriate actions shall be taken in accordance with FGV Group’s Disciplinary
Policy. This Policy may extend to the commencement of the civil or criminal
proceedings by FGV Group.
4.3
Any written reports of failure by the Directors to comply and observe this Policy from
any party which includes failure to declare the GEH shall be submitted to the Group
Secretarial Department which in turn shall report to the Board.
The FGV Group Company Secretary shall record in the minutes of the Meeting of the
Board the disclosure of interest or Conflict of Interest as and when the GEH Form is
declared by the Directors in order to comply with the requirements of the Companies
Act, 1965. The Board shall determine the appropriate action to be taken against the
Director who fails to comply with this Policy.
4.4
Where the violation occurs in any country outside of Malaysia, any disciplinary or
legal action shall be in accordance with FGV Group’s Disciplinary Policy in so far as
it does not conflict with the law of the country where the violation takes place.
5.0
ADMINISTRATION OF THIS POLICY
5.1
This Policy is approved and adopted by the FGV Board including any amendments
thereto. Any proposal for revision to this Policy shall be tabled to the Executive
Committee of FGV and FGV’s Board Governance & Risk Management Committee for
recommendation and subsequently to the FGV Board for its approval.
5.2
GHRD is the owner of this Policy and shall ensure that the Policy is reviewed and
updated to be kept relevant. This Policy shall be reviewed periodically especially
when there are changes in any applicable laws, code or regulations relevant to this
Policy or at least once every two (2) years. The review of this Policy shall be
undertaken by the Chief Human Resources Officer and supervised by GGD.
5.3
GGD, as the custodian of the Policy is responsible to ensure that the Policy is
disseminated by the owner of this Policy and made accessible to all the Employees
and Advisors through the Group’s internal portal and/ or other channels as
appropriate. Communication and administration of the Policy in relation to the
Directors shall be conducted by the Group Secretarial Division.
5.4
In certain circumstances, it may be deemed more appropriate for FGV Group to
publish for public or external consumption a policy statement containing the general
principles of this Policy and other relevant contents (“the General Principles”) as
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 7
opposed to publishing the full contents of this Policy. In this connection the contents
of the said General Principles shall be prepared by the owner of this Policy and upon
its completion, GCCD shall be responsible for any external communication of the
General Principles of this Policy to all Third Party/ Parties and the general public.
5.5
It is the responsibility of the GCCD and DEA to inform external parties involved in any
business dealings with FGV Group that FGV Group practices this Policy and to request
the external party’s understanding for and adherence with this policy.
6.0
GENERAL PRINCIPLES
6.1
FGV Group and its DEA shall not give or receive any Gifts, Entertainment or
Hospitality except in specific circumstances as stipulated in this Policy.
6.2
In all circumstances, the DEA shall abide by the GEH Policy and the Employees shall
refer to FGV Group’s Code of Business Conduct and Ethics for Employees
(“CoBCE”) to avoid Conflict Of Interest or the appearance of Conflict Of Interest at
all times, including in an on-going or potential business dealings between FGV Group
and the external parties. The DEA shall follow the Policy upon exercise proper care
and judgment before accepting/providing the Gift, Entertainment or Hospitality
from/to a Third Party so as to safeguard the Company’s reputation and to protect the
DEA’s from allegations of impropriety or undue influence.
6.3
The Gift, Entertainment or Hospitality received or provided from/to FGV Group or its
DEA shall not be:
6.4
6.3.1
inappropriate, illegal or immoral in nature within the respective jurisdictions
where they are received or provided;
6.3.2
perceived as extravagant, lavish or excessive which may adversely affect the
reputation of FGV Group;
6.3.3
perceived to exert or cause undue influence over a Third Party/ Parties or
the DEA;
6.3.4
causing any negative perception irrespective of the business motives or
tarnish the reputation of the Group for the Gift, Entertainment or Hospitality
received or provided;
6.3.5
perceived as or deemed to be a bribe or that may be in violation of any
relevant anti-bribery and corruption laws worldwide;
6.3.6
providing an advantage to another person if accepted or with the intention of
inducing the person to perform a relevant function improperly; and/ or
6.3.7
allowed if there is knowledge that acceptance of the advantage would in
itself be an improper performance.
FGV Group and its DEA shall not offer or provide the Gifts, Entertainment or
Hospitality by way of a direct or an indirect political contributions to political
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 8
parties, political party officials, candidates for political office or to an individual or a
group of individuals for the purpose of facilitating or benefiting a political objective
either in monetary form or in-kind. Refer to the Sponsorship and Donation Policy for
further details.
6.5
Approval for any and all Gift, Entertainment or Hospitality activities shall comply
with the DAL.
7.0
RECEIVING OF GIFTS
7.1
Pursuant and subject to Paragraph 6, FGV Group and its DEA shall not receive the
Gift unless the Gift possesses all the following characteristics:
7.1.1
gifts are of nominal value e.g. promotional, commemorative items or
Corporate Gifts;
7.1.2
the provision of the Gift(s) is legally acceptable and culturally appropriate;
and
7.1.3
the provision of the Gifts is Infrequent and not excessive e.g. a value which
may adversely affect the reputation of FGV Group.
In the limited circumstances as permissible under Paragraph 7.1, the DEA is expected
to immediately declare the Gift received, irrespective of its individual value, in the
GEH Registration Form (refer to Appendix 3) for approval in accordance with the
DAL and subsequently the DEA shall submit the said Form to the Group HRBP.
Group HRBP shall conduct a monthly review and analysis on the information collected
through the records on Gift, Entertainment and Hospitality for the purpose of
monitoring the efficacy of this Policy and ensuring all breaches have been actioned
upon in accordance with the relevant policies and procedures.
7.2
7.3
In the event that a Gift is approved within the limited circumstances as stipulated in
Paragraph 7.1, the approver under the DAL shall also determine the treatment of the
Gift which may be one of the following:
7.2.1
donate the Gift or its sale proceeds to charity; or
7.2.2
hold it for departmental display; or
7.2.3
share it with other DEAs (consumable items only); or
7.2.4
permit it to be retained or consumed by the DEA.
In determining the acceptance of the Gift as stipulated in Paragraph 7.1, proper care
and judgement shall be exercised on a case-to-case basis by taking into account the
following factors but not limited to:
7.3.1
the character of the Gift;
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 9
7.3.2
its purpose, the position/ seniority of the person providing the Gift;
7.3.3
the business context;
7.3.4
reciprocity;
7.3.5
applicable laws; and
7.3.6
cultural norms.
7.4
Even if it may appear disrespectful to decline a Gift from Third Party/ Parties, the
Gift shall be politely returned either with a polite verbal explanation or with a
note of explanation pertaining to FGV Group’s GEH Policy (refer to Appendix 4)
once the conditions stipulated in Paragraph 7.1 are not fulfilled.
7.5
Each Department or Division in FGV Group shall establish a Gift, Entertainment &
Hospitality Register (refer to Appendix 5) which will list down all the Gifts that were
received from or given to Third Party irrespective of the amount, including:
7.5.1
the date the Gift was received / given;
7.5.2
identity of the giver or recipient of the Gift;
7.5.3
the value of the Gift;
7.5.4
the event under which such Gift was received or given;
7.5.5
the name of the approver as authorised by the DAL (if applicable); and
7.5.6
if the Gift was rejected, whether a note of explanation was issued.
8.0
PROVISION OF GIFTS
8.1
Pursuant and subject to Paragraph 6 , FGV Group and its DEA shall not provide Gifts
except when all the following conditions are met :
8.1.1
it is a provision of Corporate Gifts; and
8.1.2
it is a provision of Gifts which are of nominal value, given infrequently, not
excessive, legally acceptable and morally and culturally appropriate under
the following limited circumstances:
a)
gifts from FGV Group to external institutions or individuals in relation to
the Company’s official functions, events and celebrations (e.g.
commemorative gifts or door gifts offered to all guests attending the
event); and
b)
gifts from FGV Group to external parties who have no business dealings
with FGV Group (e.g. monetary gifts or gifts in-kind to charitable
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 10
organisations) which complies with the provisions of Paragraph 6 of this
Policy.
9.0
RECEIVING OF ENTERTAINMENT
9.1
Pursuant and subject to Paragraph 6, FGV Group and its DEA shall not receive
Entertainment except when all the following circumstances exist:
9.2
9.1.1
the Entertainment received has a direct or indirect legitimate business
purpose e.g. in conjunction with a business meeting, is for the convenience
of the participants or process and not excessive in cost; and
9.1.2
the Third Party/ Parties providing the Entertainment shall be present at the
occasion/ activity/ event.
When the Entertainment is accepted by FGV Group and its DEA in the limited
circumstances as stipulated in Paragraph 9.1, the DEA shall immediately declare the
Entertainment received, irrespective of its individual value, in the GEH Registration
Form (refer to Appendix 3) for approval in accordance with the DAL and
subsequently the DEA shall submit the said Form to the Group HRBP.
In the event the Entertainment is provided to a few FGV Group personnel, the most
senior person or his/ her designated personnel shall make the declaration via the
GEH Registration Form.
Group HRBP shall conduct a monthly review and analysis on the information collected
through the records on Gift, Entertainment and Hospitality for the purpose of
monitoring the efficacy of this Policy and ensuring all breaches have been actioned
upon in accordance with the relevant policies and procedures.
9.3
In the event the approval is given in respect of the Entertainment, the approver shall
determine whether the Entertainment shall be given on a rotation basis amongst the
DEA in a fair manner where practicable.
9.4
Even if it may appear disrespectful to decline the entertainment from Third
Party/Parties, the Entertainment shall be politely declined either with a polite
verbal explanation or with a note of explanation pertaining to FGV Group’s GEH
Policy (refer to Appendix 4) once the conditions stipulated in Paragraph 9.1 are not
fulfilled.
9.5
Each Department or Division shall establish a Gift, Entertainment & Hospitality
Register (refer to Appendix 5) which will list down all the Entertainment that were
received from or given to Third Party/ Parties irrespective of the amount, including:
9.5.1
the date the Entertainment was received / given;
9.5.2
identity of the giver or recipient of the Entertainment;
9.5.3
the value of the Entertainment;
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 11
9.5.4
the event under which such Entertainment was received or given;
9.5.5
the name of the approver as authorised by the DAL (if applicable); and
9.5.6
if the Entertainment was rejected, whether a note of explanation was issued.
10.0
PROVISION OF ENTERTAINMENT
10.1
Pursuant and subject to Paragraph 6, FGV Group and its DEA shall not provide
Entertainment except when all the following circumstances exist:
10.1.1 the Entertainment provided has a direct or indirect legitimate business
purpose e.g. in conjunction with a business meeting, is for the convenience
of the participants or process, given in the course of a conference or event
organised by FGV Group and not excessive in cost; and
10.1.2 the cost of the Entertainment provided is consistent with the acceptable
range as defined by the DAL.
11.0
RECEIVING CORPORATE HOSPITALITY
11.1
Pursuant and subject to Paragraph 6, FGV Group and its DEA shall not receive
Corporate Hospitality except when all the following circumstances exist:
11.1.1 Corporate Hospitality received has a legitimate business purpose; and
11.1.2 the Third Party/ Parties are in attendance of the Corporate Hospitality being
provided.
11.2
The acceptance of any Corporate Hospitality by FGV Group and its DEA shall be given
due consideration on a case-to-case basis by taking into account the following factors
but not limited to:
11.2.1 the scale and value of the Corporate Hospitality being offered;
11.2.2 the recipient or provider of the Corporate Hospitality; and
11.2.3 the timing of the receipt of Corporate Hospitality.
11.3
When the Corporate Hospitality is accepted by FGV Group and its DEA in the limited
circumstances as stipulated in Paragraph 11.1, the DEA shall immediately declare the
Entertainment received, irrespective of its individual value, in the GEH Registration
Form (refer to Appendix 3) for approval in accordance with the DAL and
subsequently the DEA shall submit the said Form to the Group HRBP.
In the event the Corporate Hospitality is provided to a few FGV Group personnel, the
most senior person or his/her designated personnel shall make the declaration via the
GEH Registration Form.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 12
Group HRBP shall conduct a monthly review and analysis on the information collected
through the records on Gift, Entertainment and Hospitality for the purpose of
monitoring the efficacy of this Policy and ensuring all breaches have been actioned
upon in accordance with the relevant policies and procedures.
11.4
In the event approval is given for the acceptance of the Corporate Hospitality, the
approver shall determine whether the Corporate Hospitality shall be given on a
rotation basis amongst the DEAs in a fair manner where practicable.
11.5
Even if it may appear disrespectful to decline the Corporate Hospitality from Third
Party/Parties, the Corporate Hospitality shall be politely declined either with a
polite verbal explanation or with a note of explanation pertaining to FGV Group’s
GEH Policy (refer to Appendix 4) once the conditions stipulated in para 11.1 are not
fulfilled.
11.6
Each Department or Division shall establish a Gift, Entertainment & Hospitality
Register (refer to Appendix 5) which will list down all the Corporate Hospitality that
were received or given from/to Third Party/ Parties irrespective of the amount,
including:
11.6.1 the date the Corporate Hospitality was received / given;
11.6.2 identity of the giver or recipient of the Corporate Hospitality;
11.6.3 the value of the Corporate Hospitality;
11.6.4 the event under which such Corporate Hospitality was received or given;
11.6.5 the name of the approver as authorised by the DAL (if applicable); and
11.6.6 if the Corporate Hospitality was rejected, whether a note of explanation was
issued.
12.0
PROVISION OF CORPORATE HOSPITALITY
12.1
Pursuant and subject to Paragraph 6, FGV Group and its DEA shall not provide the
Corporate Hospitality except when all the following circumstances exist:
12.1.1 the Corporate Hospitality provided has a legitimate business reason and made
in accordance with the DAL; and
12.1.2 the Corporate Hospitality is provided to FGV Group and its invited
stakeholders for the purpose as stipulated in Paragraph 12.1.1.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 13
13.0
FACILITATION PAYMENT
13.1
FGV Group and its DEA shall be absolutely prohibited from offering, promising,
paying, receiving or requesting Facilitation Payments for the benefit of FGV Group,
the DEA or for any other person.
13.2
The Facilitation Payment need not necessarily involve cash or other financial assets
and can be in any form of advantage with the intention to create undue influence
over the giver or the recipient in performing their duties.
13.3
However, there are certain situations or circumstances where DEA are faced with
having to make Facilitation Payments in order to protect life, limb or liberty. In
dangerous or life threatening situations like this, DEA are allowed to make payments
but he/ she shall immediately report to Group HRBP. Making Facilitation Payment in
such critical situation is the only exception which can be used as a defence when
faced with allegations of bribery and corruption.
If a DEA receives or offers Facilitation Payments, a report shall be immediately
lodged by the person who has knowledge of such conduct through the Group HRBP
who will investigate the matter in accordance with the Disciplinary Policies and
procedures of FGV Group and determine the appropriate course of action.
14.0
RECORDS AND MONITORING OF GIFT, ENTERTAINMENT AND HOSPITALITY
14.1
Records on Gift, Entertainment and Hospitality approved and expenses incurred shall
be maintained by Group HRBP for record keeping for a duration of seven (7) years, in
accordance with the Income Tax Act 1967 and the Companies Act 1965 and shall
comply with FGV Group’s Document Retention Policy.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 14
APPENDIX 1
Frequently Asked Questions
Question 1:
I have a standing lunch meeting with a vendor who is frequently in town. Can I continue
meeting the vendor regularly for lunch and have the vendor pay for my lunches?
Answer 1:
Vendor-paid meals are allowed only if, in each instance, they serve a legitimate business
purpose. In general, on-going lunches with the same vendor would not appear to serve a
legitimate business purpose unless there are extenuating circumstances. The DEA should make
efforts to meet with the vendor outside of meal periods to avoid the appearance of
impropriety (i.e., the possibility of the vendor exerting undue influence on decisions by
continually paying for lunches). If a lunch meeting is required with the vendor, the DEA will
need to follow the guidelines of the GEH Policy.
Question 2:
I am attending a quarterly business review meeting at the vendor’s corporate office overseas.
The travel and hotel will be paid for by FGV Group. However, along with the meetings, there
will be dinners as well as Entertainment activities paid for by the vendor. Can I accept the
meals and Entertainment?
Answer 2:
It is acceptable for you to receive reasonable dinners paid by the vendor while at the business
meetings as long as you have received the requisite pre-approval in writing for the trip in
advance from GPCEO and the approver of the Entertainment as assigned under the DAL who
will make a decision whether the Entertainment would be considered appropriate and
consistent with the business purpose of the meeting based on the circumstances.
Question 3:
In the country where one of our offices are located and which I visit on a periodic basis,
refusing a Gift from a business partner is considered an insult. What should I do if a supplier
offers me a Gift that the Group policy prohibits me from receiving?
Answer 3:
Consult with the GHRD. If refusing the Gift might severely damage a business relationship, it
may be permissible to accept it on behalf of the company and then depending on the type of
Gift, determine the best treatment as specified in the GEH Policy.
Question 4:
When visiting a foreign country on a business trip, the immigration officer requests for a token
sum to expedite the processing of my visa to enter the country. Is it acceptable for me to pay
him, given that the amount is not excessive?
Answer 4:
No, under the provisions of the GEH Policy, any form of facilitation payment is strictly
prohibited when conducting business activities and this extends to travelling to foreign
countries for business trips. Consider beginning the processing for the required documents
earlier to avoid any need to expedite the process.
However, Facilitation Payments may be made in certain situations in order to protect life,
limb or liberty.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 15
APPENDIX 2
DO’s and DON’Ts for Giving and Receiving Gifts
DO’s
DONT’s
FGV Group DEA shall inform all Third
Parties of the General Principles of
the GEH Policy i.e. DEA shall not give
or receive any gifts and request for
the aforementioned Third Parties to
respect and adhere to the principles
of the Policy.
FGV Group DEA shall not receive or
provide Gifts should it involve any of the
following:
DEA shall refrain from giving or
receiving any gifts unless provided
for in the general exceptions in
Paragraph 7.1 and Paragraph 8.1.
Acceptance of any Gifts as provided
in the general exceptions in
Paragraph 7.1 shall be evaluated on
a case-to-case basis taking into
account the character, the purpose
and the seniority of the person
providing the Gift, the business
context, reciprocity, applicable laws
and cultural norms.
DEA shall complete the GEH
Registration Form and submit it for
approval in accordance with the DAL
to determine if the Gift can be
acceptedor should be returned.
DEA shall record the Gifts received,
irrespective of the amount in their
respective Department’s Gift,
Entertainment Hospitality Register.
Any Gift which is not of a nominal
value (e.g. commemorative,
promotional or a Corporate Gift) or
appears lavish, excessive in cost or
given frequently.
Any Gift which is illegal in the
jurisdiction it is provided or received
in or is culturally offensive.
Any Gift which is given before, during
or after a competitive bidding
process in which the provider of the
Gift is directly or indirectly
connected to.
Any Gift which is perceived to exert
or cause undue influence or put the
DEA in a Conflict of Interest
situation.
Any Gift which may be perceived as a
bribe or may be in violation with any
relevant anti-bribery and corruption
laws worldwide.
Any Gift which would tarnish the
reputation of the Group.
Any Gift provided as a form of
facilitation payment.
In any of the circumstances mentioned
above the Gift shall be declined and
returned
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 16
APPENDIX 2 (cont’d)
Flowchart for Receiving fts
Rejected
Gift is returned with a note of
explanation (Appendix 3).
Record in the Department’s
GEH Register.
DEA records
the Gift in the
GEH
Registration
Form and
submits for
approval
Gift is provided
to the DEA or
FGV Group by
Third Party/
Parties
Treatment of the Gift is
determined by the approver in
accordance with the DAL. The
Gift is either:
Consider the following before
approving/ rejecting the Gift:

Does the receiving of the Gift
comply with Paragraphs 6 and
7.1 of the GEH Policy;

the character of the Gift;

the purpose of the Gift;

the seniority of the person
providing the Gift;

the business context; and

reciprocity
Approved

donated/ sold and
proceeds given to
charity

set as departmental
display

shared with other DEAs
(consumables only; or

permitted to be retained
and consumed by the
DEA.
Record in the Department’s
GEH Register.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 17
APPENDIX 2 (cont’d)
DO’s and DON’Ts for Giving and Receiving Entertainment
DO’s
DONT’s
FGV Group DEA shall inform all
Third Parties of the General
Principles of the GEH Policy i.e.
DEA shall not give or receive any
Entertainment and request for the
aforementioned Third Parties to
respect and adhere to the
principles of the Policy.
FGV Group DEA shall not receive or
provide Entertainment should it involve
any of the following:
DEA shall refrain from giving or
receiving any Entertainment unless
provided for in the general
exceptions in Paragraph 9.1 and
Paragraph 10.1.
The Entertainment given or
received shall have a direct or
indirect legitimate business
purpose e.g. in conjunction with a
business meeting or is for the
convenience of the participants or
process. The Third Party giving the
Entertainment to the DEA is
present at the event.
DEA shall complete the GEH
Registration Form for
Entertainment and submit for
approval in accordance with the
DAL to determine if the
Entertainment can be accepted or
should be declined.
DEA shall record Entertainment
received, irrespective of the
amount in their respective
Department’s Gift, Entertainment
Hospitality Register.
The Entertainment received shall
be given on a rotation basis as
determined by the approver in
accordance with the DAL.
Any Entertainment which does not
have a direct or indirect legitimate
business purpose e.g. stand-alone
Entertainment.
Any Entertainment which is
excessive in cost, illegal or
culturally offensive.
Third Party/ FGV Group
representatives are not in
attendance of the Entertainment
provided.
Any Entertainment which is given
before, during or after a
competitive bidding process in
which the provider of the Gift is
directly or indirectly connected to.
Any Entertainment that may be
perceived as a bribe or may be in
violation with any relevant antibribery and corruption laws
worldwide or put the DEA in a
Conflict of Interest situation.
The Entertainment given/ received
would tarnish the reputation of the
Group.
Any Entertainment provided as a
form of Facilitation Payment.
In any of the circumstances mentioned
above, the Entertainment shall be
declined.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 18
APPENDIX 2 (cont’d)
Flowchart for Receiving Entertainment
Rejected
Entertainment is declined
by the DEA.
Record in the
Department’s GEH
Register.
DEA records the
Entertainment
in the GEH
Registration
Form and
submits for
approval
Entertainment
is provided to
FGV Group and
its DEA by
Third Party/
Parties
Ask the following questions
before approving/ rejecting
the Entertainment:

Does the Entertainment
comply with Paragraphs 6
and 9.1 of the GEH
Policy;

Does the Entertainment
have a legitimate
business purpose?

Is the Entertainment
given frequently?

Is the Entertainment
lavish or expensive?

Are any competitive
bidding activities going to
take place, has already
taken place or is in
progress?
Approved
DEA accepts the offer of
Entertainment
Record in the
Department’s GEH
Register
Approver to decide if
Entertainment should be
given on a rotation basis.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 19
APPENDIX 2 (cont’d)
DO’s and DON’Ts for Giving and Receiving Corporate Hospitality
DO’s
DONT’s
FGV Group DEA shall inform all Third
Parties of the General Principles of the
GEH Policy i.e. DEA shall not give or
receive any Corporate Hospitality and
request for the aforementioned Third
Parties to respect and adhere to the
principles of the Policy.
FGV Group DEA shall not receive or
provide Corporate Hospitality should it
involve any of the following:
DEA shall refrain from giving or
receiving any Corporate Hospitality
unless provided for in the general
exceptions in Paragraph 11.1 and
Paragraph 12.1.
The Corporate Hospitality given or
received shall have a direct or indirect
legitimate business reason.
Acceptance of any Corporate Hospitality
as provided in the general exceptions in
Paragraph 11.1 shall be evaluated on a
case-to-case basis taking into account
the scale and value of the Corporate
Hospitality offered, the recipient and
provider of the Corporate Hospitality
and the timing of the receipt of the
Corporate Hospitality.
DEA shall complete the GEH
Registration Form for Corporate
Hospitality and submit for approval in
accordance with the DAL to determine
if the Corporate Hospitality can be
accepted or should be declined.
DEA shall record Corporate Hospitality
received, irrespective of the amount, in
the respective Department’s Gift,
Entertainment Hospitality Register.
The Corporate Hospitality received shall
be given on a rotation basis as
determined by the approver in
accordance with the DAL.
Any Corporate Hospitality that
does not have a direct or indirect
legitimate business reason e.g.
stand-alone Corporate Hospitality.
Any Corporate Hospitality which is
excessive in cost, illegal or
culturally offensive.
Third Party/ Parties are in not
attendance of the Corporate
Hospitality being provided.
Any Corporate Hospitality which is
given before, during or after a
competitive bidding process in
which the provider of the Gift is
directly or indirectly connected to.
Any Corporate Hospitality that may
be perceived as a bribe or may be
in violation with any relevant antibribery and corruption laws
worldwide or put the DEA in a
Conflict of Interest situation.
Any Corporate Hospitality that
would tarnish the reputation of the
Group.
Any Corporate Hospitality provided
as a form of Facilitation Payment.
In any of the circumstances mentioned
above, the Corporate Hospitality shall
be declined.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 20
APPENDIX 2 (cont’d)
Flowchart for Receiving Corporate Hospitality
Rejected Corporate Hospitality is
declined by the DEA
Record in the
Department’s GEH
Register
Corporate
Hospitality is
offered to FGV
Group and its
DEA by Third
Party/ Parties
DEA records the
Hospitality in
the GEH
Registration
Form and
submits for
approval
DEA accepts the offer of
Corporate Hospitality.
Consider the following before
approving/ rejecting the
Corporate Hospitality:

Does the Corporate
Hospitality comply with
Paragraphs 6 and 11.1 of
the GEH Policy;

the scale and value of
the Corporate Hospitality
offered;

the recipient and
provider of the Corporate
Hospitality; and

the timing of the receipt
of the Corporate
Hospitality.
Approved
Record in the
Department’s GEH
Register
Approver to decide if
Corporate Hospitality
should be given on a
rotation basis.
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 21
APPENDIX 3
GIFT, ENTERTAINMENT & HOSPITALITY (GEH)
REGISTRATION FORM FOR GEH RECEIVED
Date:
Category:
Gift
Entertainment
Name of recipient
:
Job title/ designation
:
Department
:
Name of giver
:
Job title
:
Company
:
Reasons for offer
:
Description of item/s
received
:
Hospitality
Description of item/s received:
NO.
ITEMS
QUANTITY
ESTIMATED
VALUE (RM)
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 22
I hereby confirm that this item/s complies with FGV Group GEH Policy, that there are no
concurrent business, negotiations, litigation or arbitration which may be perceived to be
influenced by the Gift/ Entertainment/ Hospitality or that which would put me in a conflict
of interest situation.
Registration by [name of the person receiving Gift or Entertainment or Hospitality]:
Signature
Date
:
:
*For office use only
Please circle either one
:
Accept
Reject
Reason for acceptance of the GEH (tick all that are applicable, if any item below is not
ticked, the GEH is deemed to be not in compliance with the GEH policy and cannot be
accepted)
GEH is not inappropriate, illegal or immoral in nature within the respective jurisdictions where
they are received or provided
GEH is not putting the Directors, Employees and Advisors under Conflict of Interest situation at
any time
GEH is not perceived as extravagant, lavish or excessive which may adversely affect the
reputation of FGV Group
GEH is not perceived to exert or cause undue influence over the Directors, Employees and
Advisors or any Third Party/ Parties
GEH is not causing any negative perception or tarnishing the reputation of the Group for the
GEH received
GEH is not perceived as a bribe or that may be in violation of any relevant anti-bribery and
corruption laws worldwide
GEH is not providing an advantage to another person if accepted or with the intention of
inducing the person to perform a relevant function improperly
Gifts
Entertainment
Corporate Hospitality
Nominal value*
Direct or indirect
legitimate business
purpose**
Direct or indirect
legitimate business
purpose**
Legally acceptable and
culturally appropriate
Third Party/ Parties are
present at the occasion/
activity/ event
Third Party/ Parties are
present at the occasion/
activity/ event
Infrequent and not
excessive
* e.g. promotional, commemorative items or Corporate Gifts
**e.g. in conjunction with a business meeting, is for the convenience of the participants or process and not excessive
in cost
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 23
Gift if accepted, actions to be taken:
Donate
Display
Share with other employees
Retain or consume
Entertainment/ Corporate Hospitality if accepted, actions to be taken:
Rotate
Name:
Endorsed by
Name:
Designation:
Signature
:
Date
:
Approved by
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 24
APPENDIX 4
Template for Return of Offer of Gift/ Hospitality
(The content of this template should be tailored to suit each circumstance)
Contact name
Name of company
Address of company Office Address
Name of Business
Manager/Head of Division:
Date
Dear Mr/Madam,
The FGV Group operates an External Gift, Entertainment and Hospitality Policy to ensure high
standards of propriety in the conduct of its business. It is FGV Group’s Policy not to receive any Gift,
Entertainment or Hospitality from any and all party/ parties external to FGV Group with on-going or
potential business dealings.
In compliance with this policy, I am obliged to return your offer of INSERT: Name of Gift /
Hospitality.
This is not in any way meant to offend or to imply that your [Gift/Hospitality] was offered in
anything but the utmost good faith, but is designed to protect both individual members of staff and
the FGV Group from conflict of interest or appearance of conflict of interest.
I hope you will accept our response in the spirit of good governance and that we can look forward to
continued effective working relationships.
Felda Global Ventures
Level 45, Menara Felda,
Platinum Park, No. 11, Persiaran KLCC,
50088 Kuala Lumpur,
Malaysia
External Gift, Entertainment
and Hospitality Policy
Policy Number:
FGV / GHR / POL / 041
Revision:
1.0
Effective Date:
01 / 09 / 2016
Page: 25
Appendix 5
Sample of GEH Register maintained by each Department/ Division in FGV Group
GEH Register - GEH given
Date
given
Recipient
Type of GEH
& description
Value of
GEH
Event under which GEH
was given
Name of approver (as
per DAL)
GEH Register - GEH received
Date
received
Name of
recipient
Type of GEH
& description
Estimated
value of
GEH
Event
under
which
GEH was
received
Name of
approver
(as per
DAL)
Approved/
Rejected
Explanation
note issued
for GEH
rejected?
(Y/N)