ANTI CORRUPTION POLICY
Definitions Used in this Policy
“Agent” means a person, corporation or other entity retained by the Company to represent its business interest or act on its behalf.
“Bribe” means any authorization, promise and, or payment of any money, gift, reward, advantage or benefit of any kind, offered or given to or received from a Public Official or contractor either directly or through an agent, to influence the making (or not making) or implementation of a decision or action.
“Company” means PT Agra Energi Indonesia (PT AEI).
“Contractor” means a person, corporation or other entity retained to supply services, materials or labor to the Company (includes distributors or resellers).
“Employees” includes members, permanent, temporary or contract staff.
“Facilitating Payment” means any occasional small payment made solely to expedite or secure the performance of non-discretionary Government actions such as:
- Obtaining licenses, permits and other official documents to qualify to do business.
- Processing Governmental papers, such as visas and work permits.
- Providing or obtaining police protection, telephone service, utilities and mail services.
- Loading / unloading cargo, inspection of goods and protecting goods from deteriorating.
“Improper Payment” means a Bribe or Kickback.
“Kickback” means the authorization, promise and / or payment of a portion of contract consideration to or from a public official or contractor - including the improper utilization of sub contracts, purchase orders, consulting agreements or gifts to channel payments to a Public Official, employees or other representatives of a public official or contractor, their relatives or business associates.
“Public Official” means:
- Any person employed or appointed by a Government, state, province, municipality, or public international organization, or state owned or controlled commercial entity.
- Any owner, director, officer or employee of an organization that performs a Governmental function.
- Any person employed, appointed or acting in an official capacity for an agency, department, corporation, board, commission or enterprise that is controlled by a Government, state, province, municipality or public international organization.
- Elected officials, candidates for public office, political parties, and officers or employees, of political parties.
Management has given consideration to the needs of the business to adequately control its day to day operations and has approved and delegated certain signature authorities and approval guidelines. In addition, this policy establishes guidelines and procedures to ensure no unlawful acts or inappropriate behavior is undertaken by the Company, its employees, agents or contractors without management’s knowledge.
PT AEI’s management provides oversight and direction for the Company's operations and at least yearly, complete reports on the compliance program (including any actual or potential violations).
The Company, its members, employees and agents & contractors shall not, either directly or through an intermediary:
- Demand, solicit or accept an Improper Payment (bribe or kickback).
- Promise, offer or pay (or authorize the promise, offer or payment of) an Improper Payment (bribe or kickback).
- Create any false or misleading records to circumvent PT AEI’s internal controls system.
In particular, the Company, its members, employees, agents and contractors shall not, either directly or through an intermediary pay or offer anything of value to a public official or close relative of a public official to influence any act within the recipient’s official capacity, or to induce the recipient to violate his or her lawful duty, or to induce the recipient to use his or her influence with any level of Government to affect or influence any act or decision of such Government for the purpose of obtaining, retaining or directing business or any undue advantage.
Oversight & Controls
The primary oversight & control point for this policy rests with the management who shall for example:
- Create and maintain adequate books and records, as well as devise and maintain a system of internal accounting controls.
- Ensure that a training program on the substance of this policy is completed & an Annual Compliance Certificate obtained from all employees.
- Research and document the reputation & past performance of any agent or contractor not affiliated with a reputable local or internationally known group or company. A Certification of Compliance will be also obtained.
- Oversee the Company's general rule that it does not provide for political gifts or contributions or employ public officials - unless it is lawful & management have determined the services to be rendered do not conflict in any manner with the Governmental duties of such person.
Violations and Corrective Actions
Any employee who becomes aware of a violation of this policy must promptly report the matter to a member of management who shall immediately investigate and report any violation of this policy to the entire management team.
Retaliation by anyone as a consequence of an Employee making a good faith report of a possible violation of the law or this policy is strictly prohibited and will result in disciplinary action, including termination.
If an employee or agent is found to be in violation of this policy, appropriate corrective disciplinary action, including where appropriate dismissal or termination of contract, shall be taken and immediately reported to management.