Director of LINK and Bank Negara Malaysia offices
Source: Bank Negara Malaysia
By publishing its whistleblowing policy on its corporate website and disclosing all pertinent information to support whistleblowers, Bank Negara makes it accessible, convenient and secure for employees and members of the public to report any misconduct. It also signals to stakeholders that the bank is committed to fighting fraud, bribery and corruption.
Case Study 2: Khazanah Nasional’s Code of Conduct and Code of Business Ethics
Khazanah Nasional Berhad, as the sovereign wealth fund of the government of Malaysia, is mandated with growing the country’s long-term wealth and contributing to its economic development.
Khazanah has published a Code of Conduct for its employees, which provides guidance on the standards of behaviour for all of the organisation’s staff, including those in the regional offices. The handbook explains the company’s core values and outlines the company’s code which covers duty of confidentiality, independence and conflict of interest and professional conduct, and provides a framework for ethical decision making to guide employees how to approach real-life situations. The Code of Conduct is available online to inform the public of the standards of behaviour that Khazanah’s employees are to hold themselves to when dealing with, among others, Khazanah’s business associates.
As a counterpoint reference for their business associates, Khazanah has established a Code of Business Ethics which provides guidance on how to conduct sustainable business relationships with Khazanah, and applies to, among others, contractors, consultants, agents, advisors, and suppliers. The code is based on seven key principles:
In addition to complying with the key principles of Khazanah’s Code of Business Ethics, the fund’s business associates must also demonstrate that they have implemented their own anti-corruption measures such as policies, processes and procedures to prevent misconduct committed by their officers.
By clearly outlining its code of business ethics and making the guidelines publicly available via its website, Khazanah helps its vendors understand and manage the bribery and corruption risks that might arise within their organisations.
Using both its Code of Conduct and Code of Business Ethics, Khazanah helps its vendors understand and manage the bribery and corruption risks they may face, whether those risks arise within the vendors’ organisation, among their employees or agents, or externally within the course of their relationship or activities with Khazanah and/or its employees.
To underscore and enforce its commitment to champion integrity and corporate governance, Khazanah specifies a whistle-blowing channel in the Code of Business Ethics by which its business associates may escalate their concerns. Details of that whistle-blowing channel is also publicly available via the Khazanah website, making it accessible to individual employees or agents of Khazanah’s business associates.
Case Study 3: KWAP’s Integrity and Governance Office
KWAP is a statutory body that manages pension funds for Malaysian civil servants. In 2019, KWAP established its Integrity and Governance Office, an independent body that reports to the organisation’s Board Integrity Committee and is given the authority to enforce the organisation’s anti-bribery and anti-corruption compliance measures.
In December 2021, KWAP was certified with ISO 37001:2016 Anti-Bribery Management System (ABMS). Complying with external standards such as ISO 37001 supports KWAP’s efforts in strengthening its ethical practices by offering a clear framework for action that is aligned with its own risk profile.
What is ISO 37001?
ISO 37001 is an international standard for Anti-Bribery Management Systems and was published by the International Organization for Standardization (ISO) in 2016. It is designed to help organisations prevent, detect and respond to bribery incidences and is applicable to organisations of any size or sector. Under the ABMS standard, a compliant Anti-Bribery Management System should cover:
Although ISO 37001:2016 is applicable only to bribery , organisations can choose to extend the scope of their management system to include other aspects such as fraud or money laundering.
Corporate Integrity System ™ Malaysia (CISM)
As an alternative or in preparation for the ABMS certification, all organisations can voluntarily enroll for CISM programme which is carried out via self-assessment and self-monitoring. (Ref. cism.iim.gov.my )
KWAP’s Integrity and Governance Office, which is an integral component that helps maintain its ISO 37001 certification, is responsible for undertaking the following tasks:
The Integrity and Governance Office is also tasked with verifying and investigating the authenticity of claims of abuse of power and bribery. To facilitate its anti-corruption efforts, the IGO has established online platform on its intranet for sharing integrity and anti-corruption information among its employees. Additionally, a dedicated section on Integrity and Governance is available on KWAP’s official website which is open to the public, providing easy access to integrity and governance information and documents along with their whistleblowing channels.
In 2020, KWAP developed an Organisational Anti-Corruption Plan, which is a 5-year programme designed to strengthen the organisation’s governance and anti-corruption measures.
In conclusion, the case studies above indicated that there are multiple ways where organisations can implement systems to combat bribery and fraud risk. While these examples highlight the best practices implemented by Malaysian prominent organizations, companies are recommended to tailor their own policies on anti-bribery and corruption to meet organisational needs and industry standards.
Managing third party integrity risks.
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By themalaysianlawyer.com
I set out six cautionary lessons for Malaysian companies arising from the Airbus US$4 billion global resolution for bribery involving authorities from the UK, France and the United States.
In the UK, Airbus faced five counts of failure of a commercial organisation to prevent bribery. This was under section 7 of the UK Bribery Act. This section 7 is a similar provision to Malaysia’s section 17A of the Malaysian Anti-Corruption Commission Act, known as the corporate liability provision. I have written about the elements of Malaysia’s corporate liability here .
You can read the UK High Court grounds of judgment in relation to the Airbus settlement through the deferred prosecution agreement. You can also read the detailed agreed Statement of Facts for all the background facts.
From the Airbus case study, I set out below six cautionary lessons for Malaysian companies, especially where we are on the brink of seeing the introduction of corporate liability on 1 June 2020.
In summary, persons associated with Airbus, including Airbus employees and other intermediaries, offered very substantial sums of money by way of bribes to third parties in order to secure the purchase of Airbus aircrafts.
The first category of ‘persons associated’ was what was referred to as Business Partners or BPs (sometimes referred to as intermediaries or agents) of Airbus. BPs were third parties used to increase Airbus’ international footprint and to assist it in winning sales contracts in numerous jurisdictions. When Airbus made a successful sale of aircraft, it would typically pay BPs a commission based on a percentage value of the sale, or a fixed amount per aircraft sold.
The second category of ‘persons associated’ were senior employees of Airbus itself. For example, several senior Airbus employees helped to facilitate a sports sponsorship agreement with certain airline executives.
Under Malaysia’s section 17A, the person associated with a commercial organisation will be as wide as the UK position. The categories of persons such as an employee, or an agent or intermediary carrying out services for a Malaysian company, would be such a person associated. The corrupt activities of the person associated would then expose the commercial organisation to the offence under section 17A.
In both the UK and Malaysia, a commercial organisation can raise the defence that it had adequate procedures in place to prevent the bribery or corrupt activity.
However, in the Airbus case, the High Court Judge noted the following (see generally [65] of the grounds of judgment).
First, Airbus did have bribery prevention policies and procedures in place. There were written policies which governed payment and contractual relationships with third parties, and Business Ethics Policy and Rules, and with detailed due diligence process to be undertaken. However, those policies and procedures were easily bypassed or breached. There existed a corporate culture which permitted bribery by Airbus business partners and/or employees to be committed throughout the world.
Second, the Judge took note of the wrongdoing of a number of very senior, senior and other employees of Airbus. This included employees with compliance responsibilities. Some of the conduct included creation of false invoices, false payment and other compliance material, and the deliberate circumvention of both Airbus’ internal compliance procedures and external compliance procedures.
Third, the weakness of senior corporate oversight, and the seriousness of the offending overall, must be considered in the context of the increased awareness internationally of the pernicious nature of corrupt business practices. Also, taken into account was the obvious vulnerabilities of businesses operating in and selling in international markets, as Airbus does.
The Airbus entity was essentially a Dutch and French domiciled company. But Airbus accepted the extraterritorial effect of the UK Bribery Act.
In Malaysia’s corporate liability, there is also extraterritorial effect especially for Malaysian incorporated companies. The corporate liability will extend to these Malaysian companies, whether carrying on business in Malaysia or elsewhere. Liability would also extend to foreign companies carrying on a business or part of a business in Malaysia.
Malaysia does not have the option of a commercial organisation entering into a deferred prosecution agreement (DPA). A DPA provides a mechanism for an organisation to avoid prosecution for certain economic offences through an agreement with the prosecuting authority.
There are certain advantages of a DPA as highlighted in the Airbus decision (see [119] of the grounds).
First, the DPA requires a significant financial penalty and this has an important deterrent message to corporate wrongdoers. Second, the DPA recognises and rewards what Airbus did to address the wrong, and there was a discount of 50% in the financial penalty. Third, the DPA gave Airbus the opportunity to demonstrate its corporate rehabilitation and commitment to effective compliance. Fourth, with the DPA, it avoids the significant expenditure in time and money in any prosecution of Airbus. Fifth, the DPA is likely to provide an incentive for the exposure and self-reporting of organisations in similar situations to Airbus.
At [74] of the grounds, the Judge noted the significant cooperation by Airbus in the investigation by the UK Serious Fraud Office. I set out some of the examples:
Without the mechanism of a DPA in Malaysia, it remains to be seen whether a Malaysian company would cooperate so extensively with the anti-corruption agency and other enforcement agencies. Would a Malaysian company and its management ‘lawyer up’ and try to withhold information to prevent a successful prosecution? Or would a Malaysian company cooperate in order to fully mitigate any sentence or fine imposed?
Airbus also took significant steps to demonstrate that it had fully transformed itself from past bad practices. These are noteworthy items to demonstrate the level of compliance and steps taken to stamp out future misconduct.
At [78] of the grounds, first, the Judge noted that Airbus now had a change in management team, with a largely different Board of Directors.
Second, Airbus conducted disciplinary investigations against existing and former employees. Since 2015, Airbus parted with 63 of its top and senior management employees.
Third, Airbus had commissioned an Independent Compliance Review Panel for a complete independent review of Airbus’ ethics and compliance procedures.
Fourth, Airbus Ethics and Compliance teams had been restructured to ensure functional independence from the business. There was a merger of legal and compliance functions and the change of the reporting line to the newly appointed General Counsel.
Fifth, the creation of a sub-committee of the Board, entitled the Ethics & Compliance Committee, to provide independent oversight of Airbus’ Ethics & Compliance programme.
Sixth, Airbus appointed a new Ethics & Compliance officer with changed reporting lines directly to the General Counsel and the Ethics & Compliance Committee.
Seventh, and at [80] of the grounds, the Judge also noted other examples of steps taken by Airbus including:
In the UK, the Bribery Act provisions on personal liability of senior officers are different from the Malaysian corporate liability provision.
In the UK, it would have to be shown that the senior officer consented or connived to the committing of the bribery offence. This also applies only to the general bribery offences and bribing a foreign official, and does not apply to the section 7 Bribery Act corporate offence of failing to prevent bribery.
In Malaysia however, the corporate liability provision is graver. Where an offence is committed by the commercial organisation, it is then already deemed that the senior officer (i.e. director, controller, officer, concerned in the management of the company’s affairs) has also committed the offence. The burden then reverses on the senior officer to have to show that the offence was committed without his consent or connivance, and that he exercised due diligence to prevent the commission of the offence.
If it occurred to a Malaysian company, the facts of the Airbus case would have exposed the directors and senior management to a grave risk of personal liability under Malaysia’s corporate liability provision.
The content was originally published on TheMalaysianLawyer.com . Photo by 贝莉儿 DANIST on Unsplash.
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Corporate Governance
ISSN : 1472-0701
Article publication date: 8 June 2012
The purpose of this paper is to investigate whether there has been a change in the level of corporate social responsibility (CSR) disclosure and to determine whether corporate governance attributes influence CSR disclosure in corporate annual reports of Malaysian government‐linked companies (GLCs).
The annual reports of 27 GLCs for two years (2005 and 2007) were analysed using content analysis. Multiple regression analysis was performed to identify factors influencing CSR disclosure in annual reports.
Consistent with expectations, the paired‐sample t ‐tests showed that there was an increase (significant at the 1 percent level) in the extent of CSR disclosure. The multiple regression analysis revealed that board size was positively associated and statistically significant (at the 1 percent level) with the extent of CSR disclosure.
The regression model reported an R 2 of 33.9 percent, which means that almost 66 percent of factors influencing CSR disclosure in Malaysian GLCs have not been captured by the model. These other factors may perhaps be identified through other research methods such as questionnaire surveys or interviews.
The findings appear to suggest that the government efforts in promoting CSR among GLCs through the introduction of the Silver Book in 2006 have had some positive impact on CSR disclosure in annual reports. The results also imply that larger board size through wider exchange of ideas and experience could lead to better appreciation and involvement in corporate social activities and hence disclosure in annual reports.
This paper is one of the few studies to examine CSR disclosure and corporate governance attributes in GLCs after the introduction of new initiatives to promote CSR.
Esa, E. and Anum Mohd Ghazali, N. (2012), "Corporate social responsibility and corporate governance in Malaysian government‐linked companies", Corporate Governance , Vol. 12 No. 3, pp. 292-305. https://doi.org/10.1108/14720701211234564
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2017, Advanced Science Letters, Volume 23, Number 8, August 2017, pp. 7966-7969(4)
This study examines the design elements of corporate brand characters or also called mascots of two prominent Malaysian financial institutions, Maybank and CIMB Bank. Generally mascots have been introduced in many organizations as representative. The presence of mascots can also be seen in the Malaysian banking sector. Hence three questions are posed; What forms does the bank mascots take?; How the bank mascots communicate corporate philosophy to consumer?; What meaning do the bank mascots convey? The findings of the study show that the sampled bank mascots display anthropomorphic features, which takes the form of human and animal. This characteristic can be specifically referred to another term called Zoomorphic. In addition to that, the mascots also display unique qualities that reflect company's identity and philosophy. In regards to meaning, it is noticed that the bank mascots suggest emotional expression that Malaysian consumers can easily relate to. We conclude that the two Malaysian bank mascots sampled in this study possess anthropomorphic characteristic which are important for marketing purpose and have the capabilities to represent the corporate banks and capture the attention of Malaysian consumers.
Sevtap O Z E R Unal , Kadir Deligöz
Sosyoekonomi
Sevtap O Z E R Unal
Yusra Khogeer
There is no end to the brands that lend themselves to anthropomorphic comparison. As an area under researched, the ultimate aim of this thesis is to improve our understanding of the phenomenon of brand anthropomorphism via focusing on one of the most prominent tactics currently being used by industry – the use of marketing mascots. This research begins by theoretically positioning the topic in a rich body of literature. Drawing on branding literature, the multidimensional nature of brands is explored as a starting point for understanding brand mascots. The fundamental theories referred to are integrated to form the Brand Puzzle. Next, the phenomenon of anthropomorphism is examined by referring to literatures from the disciplines of anthropology, animal behaviour, English literature and religion. To complete the extensive literature review, this thesis draws on marketing, advertising, psychology and consumer behaviour literature to reveal any existing classifications for brand anthropomorphism prior to introducing a new typology. Additionally, an investigation into the use of mascots is carried out paying particular attention to their conceptual development and their ‘humanity’. By designing an interpretive case study methodology that relies on a variety of research techniques, including netnography, interviews and photo-essays, as well as a provocative style of presentation, this thesis sets out firstly to explore the development of three marketing mascots on the social media site of Facebook: Aleksandr Orlov mascot for price comparison website CompareTheMarket.com; The M&M’s Spokescandies mascots for Mars’ M&M’s chocolate; and Mr Peanut mascot for Planters peanuts. A literary approach was adopted when tackling this mysterious process of creating marketing mascots. Secondly, this thesis sets out to analyse consumer engagement with the brands via their engagement with the selected marketing mascots. Six forms of consumer engagement were identified which were perceived to have an effect on the narrative of marketing mascots. The discussion section of this thesis creatively links the empirical evidence presented in the findings chapters and the insights from the literature with novels, storytelling and genre reading. The prominence of these have led to the development of a Literary Wheel model that has scope for use by industry and offers a direction for future research. In conclusion, this research contributes to knowledge in the field of brand anthropomorphism. It provides a formula for the creation of captivating marketing mascots that fulfil the needs of our increasingly communication hungry culture, encouraging elevated consumer engagement and the development of stronger consumer-brand relationships.
Journal of Marketing Management
Julien Cayla
Suparada Prapawong
Article history: Received: 05 November, 2020 Accepted: 21 December, 2020 Online: 30 December, 2020 The purpose of this study is to show how to design the character used as the symbol or Mascot of the educational institution and how to apply the design results into advertising and Brand identity design such as printing art, poster, digital media, toy, and souvenir. In this study, the ideas of mascot design have been leaded to present a contemporary design under the conceptual framework from local culture, organizational culture, theories of society, arts and design through the analysis and synthesis of the organization, which is CAMT from Chiang Mai University, as the model of this study. CAMT has 7 bachelor’s degree majors, namely Animation and Visual effects (ANI), Software Engineering (SE), Digital Film (DF). Modern Management and Information Technology (MMIT), Digital Game (DG), Digital Industry Integration (DII) and Knowledge Innovation Management (KIM). These Mascot design grou...
Sameer Hosany
Brand characters are ubiquitous in marketing. Previous studies establish their relevance in advertising. Surprisingly, little research exists on how to build and sustain brand characters. Adopting a case-study approach, this paper explores the brand management strategies of Sanrio's iconic character Hello Kitty, a cat epitomising cuteness and innocence. Findings indicate that eight tactics help to build and sustain the Hello Kitty brand: keep it simple, character licensing, third-party collaboration, capitalising on nostalgia, product-line extensions, brand extensions, sustaining consumer interests, and harnessing technology. The paper also identifies some challenges facing Hello Kitty
Documentos de Trabalho em Gestão ( …
Ana Corte-Real
Michael R Hyman
To examine design antecedents and consumer responses to ascriptions of anthropomorphic features for logos, we applied a best-practices conceptual framework to evaluate 120 US collegiate sports logos. Data collected from three logo experts and 119 consumers indicate that (1) processing fluency mediates the relationship between elaborateness and all logo personality dimensions, and (2) ascriptions of aggressiveness (negatively) and activeness (positively) influence consumer affect and purchase intentions. These findings imply that universities should benefit from brand management informed by anthropomorphic ascriptions to their sports logos. Possible future research could consider the effect of sports logo elements (i.e. colour, parallelism, symbolic meaning) on yet-to-be-assessed anthropomorphic ascriptions.
International Journal of Industrial Ergonomics
Rungtai Lin
Azahar Harun
This paper sets out to examine the Anthropomorphic Mascots of SUKMA games (1990-2010). The main aim is to establish understanding regarding its Strengths, Weaknesses, Opportunities and Threats (SWOT). The outcome of the analysis (observation analysis and SWOT analysis) indicates that some of the Anthropomorphic Mascots of SUKMA games from 1998-2010 lack credibility thus fail to depict sporting image as well as representing the host state. Despite this set back, we discovered some unique features that can be utilized to increase brand perception. For example in 2010, the organizing committee of SUKMA XIII introduced Tuah as the official mascot to represent Melaka state. The design of Tuah is based on two popular local legends, Sang Kancil (legendary animal) and Hang Tuah (legendary hero). We believe that this factor can help build strong personality (anthropomorphic visualization) and enhance the promotion and branding of SUKMA games. We hope that the result from this study will benefit the organizing committee of SUKMA and the National Sport Council in Malaysia.
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Dandeswar Bisoyi, Ph.D
Razeef Razak
Amina Syarfina Abu Bakar
Journal of Place Management and Development
Kaewta Muangasame
KnE Social Sciences
Dimas Rifqi Novica
4th European Marketing Congress, Paris
Paulo de Lencastre
nassiriah shaari
International Journal of Affective Engineering
Toshimasa Yamanaka
Proceedings of the 9th Conference of the International Committee for Design History and Design Studies
Daniel Raposo
Banung Grahita , triyadi guntur
NMSU Business Outlook
The International Journal of Visual Design
Cinzia Bottini , M. Javad Khajavi , Juan Camilo González
Asian Journal of Islamic Management (AJIM)
Anya Safira
International Journal of Advanced Scientific Research and Management
Pavan Patil
Journal of Islamic Marketing
muhammad ahmed
Strategic Design Research Journal
Mittheera Leelayudthyothin
Proceedings of the Fourth …
Oya Demirbilek
1st ICBB & CSR-UN Conference Proceedings hosted by STIE Perbanas Surabaya, 2010
Shawyun Teay
Tina Merlina
Miriam Flores
Journal of Brand Management
Alessandro M. Peluso , Gianluigi Guido
Proud Arunrangsiwed
Nova Joseph
Interdisciplinary journal of contemporary research in business
Dr.Yasir A. Soomro
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