"I learn over the years that Company culture and Company policy are two different things in essence. Culture is a heritage passed down from generations of predecessors/founders of the company. Policy is something changeable as time goes by while culture has survived for centuries without change but may be assimilated although rarely. Culture can be incorporated into policy and it will boost the policy. But policy cannot be incorporated into culture as it will kill the culture"
Saturday, February 25, 2023
Thursday, February 23, 2023
KENANGAN TIDAK BERAPA LAMA DAHULU - SKETSA/REALITI KEHIDUPAN/KEPALSUAN MANUSIA
DON'T GET SCAMMED. POSSIBLE FAKE RECRUITER
Wednesday, February 22, 2023
PART 7 - ANTI BRIBERY MANAGEMENT SYSTEM - by Nik Zafri
(Anti Bribery Management System = ISO 37001:2016)
Note : This is the most critical element in ABMS, failure to understand and comply to this element may prove negative to the organization.
5. OPERATION - Planning and Control
Process to comply to ABMS requirements should be planned and implemented. They should also be controlled and reviewed. (Process requires criteria, control and proper documented information)
Do not change the process unnecessarily. Apart from internal, focus also on outsourced process (sub-contractor, supplier, vendor, consultant etc)
Due Diligence - Bribery Risk Assessment
Potential bribery risk should be assessed no matter how insignificant (conducted on defined frequency for updated information) - transactions - projects/activities, if necessary - always involved business associates and certain important positions of the organization. Despite the organization may conclude that it is unnecessary, unreasonable or disproportionate to undertake due dilligence on certain personnel and business associate, but it is advisable and highly recommendable that apart from prioritization, assessment should also cover the rest of the organization as well. (no stone left unturned)
Financial Controls
is required to manage risk. Non-Financial control managing such risk should also be prioritized such as purchasing/procurement, operation, sales, commercial, HR and legislation-related activities. It's recommended to encourage business associates/service providers to understand, implement and consistent with the organizational strong view on bribery and ensure the implement their own anti-bribery controls/mitigation as well. (subject to assessment) It's recommended that the business associate/service providers/3rd party to submit evidence of anti-bribery controls/mitigation.
Assessment should be reasonable and proportionate.
Anti-Bribery Commitments
Business associates with low risk of bribery should still be subject to assessment. They should show evidence of commitment and be willing to be assessed on any transaction, project, activity, or relationship. Failure to do so; in the event of proven bribery; the organization may terminate the business associates.
The organization must also be ready to assist in assessing, managing and help business associates understand the risk.
Gifts, Hospitality, Donations or equivalent
Procedure(s) is required to ensure any offering, gifts, hospitality, donations or equivalent could be perceived as bribery. (Clear definitions and situations are required to address these issues)
Managing Inadequacy of Anti-Bribery Controls
Not all risks are manageable. The organization may change the nature of transaction, project, activity or relationship where applicable in order to better manage the risks. (It is recommended that business associates, supplier, sub-contractor, consultants should share the responsibility and accountability to manage risks of bribery that is found difficult to control)
(Should there be "red flags" situation (proven bribery has been committed), the organization may terminate, discontinue, suspend or withdraw (even taking legal action where necessary).
Raising concerns
Procedure(s) is/are required especially for smooth reporting or whistleblowing any possible or ongoing bribery activities to the appropriate personnel such as Management Representative or anyone with authority to make decision such as members of the governing body. (Although the personnel may also; out of fear that such action may possibly jeopardize his work/duty; directly report the alleged incident to the authorities) All reports should be treated in strictest of confidence and the identity of the person reporting the incident must be protected whether or not the alleged corruption activity result to be genuine or otherwise.
The person in charge should investigate as soon as possible without partiality.
Investigating and Dealing with bribery
Procedure (s) is/are required for investigation process determining the extent of such alleged acts (based on the law, anti-bribery policy or ABMS). The personnel that is/are conducting such investigation should be given authority to do so. (transparency should be genuine with no attempts to "sweep the matter under the carpet" or intimidating investigators or intervening in the investigation. On the other hand, the personnel and witness should also be given ample opportunity to defend themselves, prove their innocence or provide evidence)
Organization may also; to avoid partiality; hire a 3rd party (such as private investigator) to investigate the matter.
Tuesday, February 21, 2023
SEDIKIT PESANAN
Hidup berkeluarga banyak cabarannya. Jika kita merasakan ianya satu beban dan bukan tanggungjawab, maka kita akan sedikit demi sedikit mengabaikan mereka. Terutamanya apabila kita ditekan dengan kesulitan dan menganggap kesulitan itu sebagai satu pengakhiran.
Sunday, February 19, 2023
PART 6 - ANTI BRIBERY MANAGEMENT SYSTEM - by Nik Zafri
(Anti Bribery Management System = ISO 37001:2016)
4.0 Support
Support = Resources required to implement, maintain and improve ABMS.
Competence
a) Determine the competence of employees,
b) Education background, training and experience,
c) Possible additional training required?
d) Reasignment or 3rd party support?
e) Document them as evidence
(It's a good practice to run a background check/screening of person(s) holding significant positions having authority on approval of financial matters)
Employment Process
Procedure (s) required.
- employment regulations - to address the need to comply with ABMS Policy and System and action that will be taken against non-compliances
(Bribery; once proven; IS A CRIME! Report it to the authorities and immediate termination should be executed - There is no need for reminders or warnings or showcause/domestic inquiries, even industrial courts as this is not a disciplinary matter, it's a crime)
- employee should receive a copy of such policy/regulations. Conduct refresher training/briefing/inductions at the right intervals if necessary.
- just like a whistleblower, employee must also be equally protected in case reports of bribery or possible bribery or rejecting bribery - being lodged disregarding position or social status.
- investigations, risk assessments and; if necessary; due diligence to be made once reports are lodged, if necessary - declaration of assets,
The anti-bribery compliance declaration can stand alone or be a component of a broader compliance declaration process.
Awareness and training
Adequate training/workshops/inductions on ABMS are required - if possible, not only on the key staff but also throughout the organization. Contents of training to include :
a) ABMS overall awareness, policy, procedures, roles/responsibility/authority
b) need for compliance, risks and opportunities,
c) how to recognize, react, prevent potential or actual events of bribery and corruption.
d) aspects of communication,
e) scope of bribery/corruption to include internal and external parties,
(those involving service providers - the contractual requirements can add a clause on "Bribery and Corruption")
Retain documented information.
Communication
- internal and external
a) What, When, With Whom, How, Who to communicate on ABMS various issues.
b) Medium of communication to be used - although one language shall prevail in case of ambiguity - other translated versions should be in multiple languages accordingly)
c) ABMS Policy; apart from all staff; should also be communicated/extended to Service Providers as well.
Documented information
A must have - Policy, Objectives, Plans, Manual, Procedures, methodologies, checklist, relevant codes of practice etc.
The extent of documented information can differ from one organization to another depnding on size, scope of work, processes (complexity/interaction),
products and services, competency etc. A banking and financial institution may differ in scope to a construction company.
So, APPLY ONLY THE NEEDED DOCUMENTS, not everything - not hijacked from others - not copy and paste from others!
ABMS documented information can be retained separately or part of other systems - compliance, financial, commercial, audit etc.)
(My advice? separate them! Unless you know what to omit and what to add without overlapping)
Format (Creating/Updating)
- identification/description - title/date, author, approval, reference number, revision/issue number,
- hardcopies or electronic (online) (online versions may subject to a stricter audit - identifying the authorized users acess, authorized to make amendment (s), the approval parties, encryption, firewall etc.)
- review for adequacy at intervals.
Control of documented information
Control :
a) available for use, location and when to use
b) protected (confidentiality, unauthorized access, loss of integrity (printed version can be compromised in the long run)
b) distribute, access, retrieval and use
c) storage and preservation
d) retention and disposition.
Superseded documents; if retained; must be quarantined and not to be filed together with the active ones. Justification is required of why the superseded documents are kept. Among reasons for retaining is for future reference and may also serve as evidence in the court of law.





