Anti – Corruption Policy
It is a core policy of TMB Bank Public Company Limited (the Bank) that the Bank and its subsidiaries shall operate their business on the basis of best practices with integrity to all stakeholders, namely customers, shareholders, employees, business partners, creditors, investors, governing authorities and society as a whole, under principles of good governance as also reflected in the Bank’s Code of Conduct to ensure transparency, to act with zero-tolerance for corruption in any form, and to prevent any person from seeking benefits which would cause unfairness or damage to the Bank and related persons.
This policy applies to directors and employees of the Bank and manifests the Bank’s intention on anti-corruption. Giving and accepting a bribe or undue benefit is prohibited. Directors and employees in any position must not exploit their position for personal or other person’s benefit. In this regard, the Board of Directors and the management acknowledge the principle and the practice pertaining to this policy, give importance to the governance to ensure compliance with the policy, and encourage the employees to adhere fully to the business principles as prescribed in the Bank’s Code of Conduct. Severe penalties will be applied to anyone not complying with this policy.
1. Objectives The objectives of this policy are:
1.1 To set out the Bank's core policy and provide for its implementation, to ensure that the Bank acts as a zero-tolerance organization on anti-corruption with full transparency.
1.2 To ensure directors and employees abide by this policy strictly, including awareness of the participation and responsibility of the Bank to prevent corruption.
1.3 To ensure prudent and appropriate decision making in any business that carries a potential risk of corruption.
1.4 To ensure good governance together with social responsibility on anti-corruption according to good principles and guidelines, as also reflected in the Bank’s Code of Conduct.
1.5 To help building the culture of the Bank to avoid any corruption within the Bank, and provide guidance on anti-corruption to the directors and employees at all levels.
2.1 The Bank refers to TMB Bank Plc.
2.2 Directors refer to the Bank’s directors.
2.3 Employee refers to any person who is employed and is given salary by the Bank.
2.4 Subsidiary refers to any business in which the Bank holds shares equivalent or over 50%, or has management power.
2.5 Corruption means the offering such as promising or act leading to (including the expectation of) benefit in any manner or form (cash, gifts, loans, rewards, payments, entertainment or preferential treatment) from bribe and inducement or receipt of and any request for such bribe, inducement including benefit in any manner or form by the Bank, any of its directors or employees, any government or private sector entity or official or employee thereof or any person in authority, whether directly or indirectly, whereby it causes an act of breaching the laws, Bank’s rules, regulations and orders, or an act of misconduct or negligence in performing a duty in order to receive inappropriate benefits or personal benefits, or benefits of relevant persons and/or cause damages to the Bank.
3.1 This policy covers directors and employees of the Bank and strictly prohibits them from acts of corruption, including giving and/or receiving any bribe or undue inducement or benefit in any form, directly or indirectly, for personal benefits or benefits of family, acquaintance, or third person.
3.2 Directors and employees shall not neglect, refrain, or ignore any incident or action in the Bank which can be corruption, but shall report the matter to supervisor or responsible person to take action according to the Bank’s rules and regulations.
3.3 The Bank provides justice and protection to employees who duly report any incident of corruption or possible corruption, as well as to anyone submitting a “whistle blower” report regarding corruption, even though such action may cause the Bank losing business opportunity. The employee will not be demoted, punished, or receive any bad impact. On the contrary, severe penalties will be applied to anyone not complying with this policy, including not reporting any violation.
3.4 If any director commits corruption or fails to comply with this policy, the Board will ensure that appropriate action is taken.
3.5 In case of corruption by any employee, it will be considered as a violation of the Code of Conduct and the penalty action will be determined according to the Bank’s regulation. If the corruption is considered to be a violation of laws, the case will be brought into the legal process.
3.6 The Bank gives importance to the communication on the compliance with the Bank’s Anti-Corruption Policy to employees, third party and public, namely persons having vested interest with the Bank, governmental units, and private entities making transactions with the Bank, or any action having impact or damage to the Bank and its reputation.
3.7 The Bank will not support or participate in any suspicious business which may lead to be corruption.
3.8 To create and sustain the culture of non-tolerance with corruption is the Bank’s ambition. In this regard, the Bank also encourages all employees to embed a culture of non-tolerance with corruption in dealing with government entities or private entities.
3.9 The anti-corruption practice is implemented along with the practice on anti-money laundering.
3.10 The system for internal and external complaints is available through such as https://www.tmbbank.com/en/page/view/whistleblower-detail.html. In addition, the internal and external controlling procedure, audit of operations and accounting treatment, as well as fraud investigation are imposed to follow up and evaluate the Bank’s business operations with transparency and corruption-free.
3.11 The Bank will publish the Anti-Corruption Policy to the employees and public through the Bank’s communication channels and determine Compliance to be responsible for providing the consultant service on anti-corruption to the employees under confidentiality.
4. Compliance with Policy
4.1 All practices in this policy are determined in line with the Code of Conduct, the Corporate Governance Policy, and the policies and the regulations concerning the vested interest persons with the Bank, as well as the regulations, the guidelines, and the practices to be determined in the future.
4.2 The Bank shall have processes and procedures on human resources which reflect the Bank’s intention on anti-corruption, for example nomination and selection procedure especially on any position with specific qualification, promotion, training, performance evaluation, justification and punishment.
4.3 The Bank shall conduct the overall assessment on corruption risk on annual basis, together with considering to determine or improve measures or practices on anti-corruption to be appropriate for all high risk business units and including the identification of units and transactions which by their nature involve a potentially high corruption risk.
4.4 To ensure the clear understanding on transactions with high-risk of corruption such as giving or accepting gifts, presents, entertainment, donation for charity, or providing financial support or donation to political parties, activities, or procurement, directors and employees must adhere to the process, procedure, revision procedure, controlling measure, and reporting procedure as prescribed pursuant to this policy, the Bank’s Code of Conduct, or other policies or governance documents.
4.5 Instruction on the Anti-Corruption Policy must be included in the orientation for new directors and employees with details so as to ensure the appropriate practice. Also, the penalty actions are to be communicated and clarified.
4.6 Continual planning and training is conducted for directors and employees to emphasize the Bank’s intention on the implementation of the Anti-Corruption Policy and to encourage the zero-tolerance culture.
4.7 In case of significant or urgent issue which may cause corruption, the employees shall report the incident to their unit’s chief officer or to the Head of Compliance.
4.8 Measures of anti-corruption must be documented according to the Bank’s principle of internal control and regulation to be in compliance with the Anti-Corruption Policy. The Bank shall set out guidelines and practices as well as audit according to the principle of internal control which are in compliance with the Anti-Corruption Policy. The guideline and practice are documented and communicated to the employees for acknowledgement and adherence, and reviewed to be up-to-date
4.9 This policy is provided as the guideline on anti-corruption for the Bank’s subsidiaries. In this regard, each subsidiary shall be notified in writing of the policy in order to prepare its Anti-Corruption Policy which shall be concurred by the Bank and be in line with the Bank’s Anti-Corruption Policy.
4.10 All business units shall consider the Bank documents within their own responsibilities which can be related to an anti-corruption matter and revise them as necessary to be in line with this policy.