Anti Bribery & Corruption

1 Anti-Bribery Policy

1.1)  Kellys Express has a zero tolerance policy towards bribery. Kellys Express prohibits all forms of bribery whether direct or through third parties. Employees are also prohibited from soliciting, arranging or accepting bribes either directly or for the employee’s benefits through family, friends, associates or acquaintances.

1.2)  Kellys Express expressly recognizes that even small value payments or gifts paid to motivate or acknowledge a service (so-called facilitation payments) are bribes and are therefore prohibited.

Such prohibited facilitation payments include, but are not limited to, payments made to secure or speed up routine actions usually by government employees, such as obtaining permits, licenses or other official documents, processing government papers such as visas or work permits, providing police protection, providing mail pickup and delivery, providing telephone service, power or water supply, loading and unloading cargo, or protecting perishable products and scheduling inspections associated with contract performance or transit of goods across country or other actions similar to this list. They are typically small and paid in cash.

Kellys Express must be vigilant to ensure that our sub agents, vendor’s joint ventures, contractors and other suppliers do not make facilitation payments on our behalf, or in relation to business sub-contracted by the company to any third party. If you have any doubts about a payment and suspect that such payment(s) request is in breach of either 1.1 or 1.2 you are required to follow the company “Procedures for Dealing with Facilitation Payments” set forth in section 4 below.

1.3)  Bribery is defined as the offer, promise or giving of an advantage as a reward or inducement for the improper performance of an activity or function. An act, or a failure to act, is improper if it breaches a duty or relevant expectation. An advantage includes money in any form, gifts, or other benefits in kind. Bribery of a foreign public official occurs where a financial or other advantage is offered, promised or given to influence the official in the performance of his / her duties with the intent to secure or retain business or to secure an advantage in the conduct of our business, and the official is neither permitted nor required by the local country’s written law to accept the payment in connection with performance or non-performance of a specific act.

1.4) It is the company’s policy that no employee will suffer demotion, penalty or other adverse consequences for complying with this policy.

1.5) It is recognized that there may be circumstances in which staff are left with no alternative but to make payments in order to protect against loss/threat of life, limb or liberty.  Any such occurrence (including a full description of the circumstances) must be reported in writing to management immediately.

1.6) If there is any doubt or question about this policy guidance must be sought from the relevant President Director or Officer as appropriate.

1.7) All transactions on behalf of Company must be appropriately, accurately and promptly described in the books of account of the Company and available for audit. Any documentation associated with the transaction should be readily available.

 2. Conflicts of Interest 

2.1) It is in the interest of employees that employees do not place themselves in a position whereby they could be liable to criticism that they have acted in such a way as to derive personal benefit from an action by the Company.

2.2) Personal interests in outside organizations which will affect an individual’s performance of his or her responsibilities to the Company will require authorization by his or her line manager.

2.3) In particular, employees are expected to devote their full working time, energies and abilities to the business of the Kellys Express and may not, without obtaining approval from the President Director.

Act as a director, officer, employee or partner of any other organization outside the Company.
Engage any outside organization or firm in which the employee has a personal interest to undertake any work for the Company.

2.4) Employees will not enter into any transaction on behalf of Kellys Express or its principals with any person or organization with whom they or their families derive any personal financial or other benefit. If an employee believes that such a conflict of interest exists or may develop, he or she will fully disclose the circumstances to his or her manager, and such transactions will only proceed with the specific approval of President Director. If the President Director is conflicted similarly, the matter requires approval of the board of Directors.

2.5) The matters proscribed in 2.1 to 2.4 above do not prohibit employees from investing in publicly available securities, in the absence of inside information relating to those securities.

2.6) Corporate assets and business relationships will not be used by employees for their personal gain.

2.7) Solicitation or receipt of any personal commission, rebate or similar payment from any third party by an employee is prohibited.

2.8) Where conflicts of interest between principals arise, full disclosure will be made to the relevant principals and, where appropriate, it will be recommended that a principal appoints a protective agent. Any such conflict will be discussed with the President Director prior to any action being taken.

3. Confidential Information

3.1) Confidential or proprietary information which an employee obtains in the course of his or her employment must not be disclosed to persons outside the Company nor used for his or her benefit or for the benefit of others. Such confidential information may include, amongst other things, revenue and cost figures, projections, customer lists, tax records, personnel information, accounting records, trading patterns or procedures, software systems and processes, trade secrets and other trade knowledge not already in the public domain.

3.2) Information received in confidence in relation to other organizations must be respected using the same standards as applies to protect the confidentiality of the Company’s own information. Thus, if information is provided on a confidential basis to evaluate an acquisition or other business opportunity, that information may not be used for any other purpose.

3.3) Information related to the activities of one principal, customer or vendor will be kept confidential and not shared with another principal, customer or vendor.
4. Procedures for Dealing with Facilitation

4.1) As per 1.1 and 1.2 the Company policy explicitly prohibits bribes, including facilitation payments.

4.2) It is recognized that in some jurisdictions across the world it is still common practice to request payment as per paragraph 1.2 in exchange for services and in order to combat and/or prevent such practices following is setting out suggested strategies covering:

• avoiding facilitation payments,
• what to do if you suspect facilitation payments are being made on our behalf by a vendor, joint venture partner, or the third party, and
• what to do if you discover a payment has been made

4.3) Techniques for avoiding facilitation payments

• If a payment is requested directly by a government official ask to see an official confirmation of the validity of the fee.
• Ask for an official receipt to substantiate the payment.
• If that doesn’t work make it clear that this is a contravention of Indonesian law.
• If that doesn’t work ask to speak to their superior to see if the payment can be avoided.
• Discuss with the local community and customers how payments can be avoided and see if we can form an industry group that can take collective action.

4.4) What to do if you suspect facilitation payments are being made on our behalf

• Communicate our policy to our staff, vendors, joint venture partners, and other third parties that may be involved.
• Offer to train their staff using our Ethics training material.
• Ask them to confirm in writing that no such payments are being made and that we enter into a contract that makes it clear that if payments are made then we are able to terminate the contract immediately.

4.5) What to do if a payment has been made

• If a payment has been made under duress (where your physical well being is at risk) then make sure it is properly recorded such that we know who it was paid to, a record of the dialogue, and report it immediately to a superior.

4.6) It is important to recognize that it is not possible to cover all eventualities or variations of such requests and consequently if in doubt seek advice from your superior.

4.7) Failing to act by any member of staff will lead to immediate dismissal without compensation.

5.0 COMMUNICATIONS

5.1) All communications with customers, principals, vendors and other employees will be truthful and accurate and not be misleading.

5.2) All communications with the public must be truthful and accurate and in accordance with regulatory policies and rules governing such communications. This applies equally to the news media and to marketing and advertising. 

6.0 REPORTING AND RIGHT OF ACCESS

6.1) If an employee has knowledge of an illegal act or one that is contrary to this policy statement, he or she has a duty to report it to their manager or to a senior person as set out in 6.2 below in the first instance.

6.2) All employees have a duty and right of access to the relevant Manager, President Director and board of Director if they wish to bring to the Company’s attention any matter of concern regarding a breach or potential breach of this policy statement if they believe that the matter has not been dealt with adequately. All matters so brought will be treated confidentially but employees who make mischievous or frivolous allegations will be subject to disciplinary action.

6.3) Kellys Express has no tolerance for illegal or unethical conduct. Championed by the President Director, the Senior Management Team is strongly committed to complying with all of our local and host countries’ laws and regulations, the terms of our contracts and business arrangements, and the Kellys Express policies and procedures we have adopted to govern our business operations.

6.4) In addition to 6.1 and 6.2 we recognize that some staff may find reporting of any of the above offenses difficult and we have therefore to that extent established Kellys Express “hotline”. This will help Kellys Express personnel raise issues about compliance or ethical concerns without providing their personal details. The hotline is available working hours, 5 days a week (Monday to Friday) at Indonesia – +6221 8370 7866.