1.0 POLICY STATEMENTS

1.1 BAB is committed to a high degree of integrity, transparency and good governance in the conduct of its operations. In view of this, the Whistleblowing Policy and Procedure (“WBPP”) has been established to encourage and provide an avenue for a whistleblower to raise concerns of any wrongdoings or misconduct without fear of reprisals.

1.2 The Whistleblowing policy and procedure is:

a) To help develop a culture of accountability and integrity within Blue Arhipelago Berhad (“BAB”) and its subsidiaries;
b) To provide a safe and confidential avenue for all employees, external parties, and other stakeholders to raise concerns on any wrongdoings or misconduct;
c) To reassure whistleblowers that they will be protected from detrimental action or unfair treatment for disclosing concerns in good faith; and
d) To deter wrongdoings or misconduct and promote standards of good governance practices.

2.0 SCOPE

2.1 The WBPP will cover from the receipt of information and/or report from whistleblower (internal or external) on any wrongdoings or misconduct until the report and / or case is resolved and / or closed.

2.2 The wrongdoings or misconduct includes, but not limited to:

a) Corruptly solicits or receives or agrees to receive bribery;
b) Corruptly gives, promises or offers bribery to any person;
c) Intending to deceive / false claim;
d) Using office or position for gratification;
e) Attempts to conceal any of the above.

2.3 If it was determined during the investigation that the matter reported does not fall within the scope of the WBPP, such matters will be transferred to the relevant department for appropriate procedures and actions to be taken.

2.4 The WBPP is to ensure that all whistleblowing reports are handled / carried out in a systematic, efficient manner, effectively and timely whilst protecting the identity of the whistleblower.

2.5 Whistleblower shall be protected from any detrimental action in accordance with the Whistleblower Protection Act 2010.

3.0 PROCEDURE

3.1 Introduction

3.1.1 The WBPP is important to develop the integrity culture especially amongst employee as well as prevent corrupt activities in the BAB and its subsidiaries. The main objectives of having the WBPP are to:

a) Combat corruption and other wrongdoings or misconduct by encouraging and facilitating disclosure of improper conduct in the BAB and its subsidiaries;
b) Promote the development of compliance culture throughout the BAB and its subsidiaries;
c) Encourage employee to report, in confidence and in good faith, any wrongdoings or misconduct that they witnessed or reported to them by internal or third party;
d) To provide a channel for external parties or non-employee to report any potential wrongdoings of the employee inclusive of Board of Directors and Senior Management; and
e) Accelerate the reporting of such wrongdoings to enable the BAB and its subsidiaries to conduct investigation and implement appropriate action(s) and corrective measures that will mitigate the risk and reduce further losses.

3.2 Reporting channel

3.2.1 All disclosure or information of any wrongdoings or misconduct should be reported through the following reporting channels: 

a) Email address (whistleblowing@bluearchipelago.com); or
b) Postal (in a sealed letter with label: Private & Confidential – To Be Opened By Addressee Only) attention to:

i. Chairman of Whistleblowing Committee,
   Agrifood Resource Holding,
   No 3, Jalan Perindustrian Puchong,
   Bandar Metro Puchong,
   47160 Puchong, Selangor Darul Ehsan.

ii. Chairman of the Board of Director, Blue Archipelago Berhad,
    Khazanah Nasional Berhad,
    Level 22 Mercu UEM,
    Jalan Stesen Sentral 5,
    Kuala Lumpur Sentral,
    50470 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur

3.2.2 The whistleblower can choose to remain anonymous or to disclose his/her identity to any of the Whistleblowing Committee. 

3.2.3 The identity of the whistleblower will be protected (if disclosed to any of the Whistleblowing Committee) provided that the disclosure is made in good faith and free from any malicious intent.

3.2.4 The report should contain the followings: 

a) Name & contact details of the whistleblower (optional);
b) Details of the person (s) involved (alleged wrongdoer);
c) Details of the allegation including but not limited to the nature of the allegation, where (location) and when (date & time) the alleged wrongdoing or misconduct took place;
d) Particulars of witness to the misconduct / wrongdoing (if any);
e) Documentation or any supporting evidence (if available); and
f) Money or assets involved (if any).

3.3 Operational Guidelines 

3.3.1 All actions in dealing with whistleblowing cases shall be guided by the Whistleblower Protection Act 2010 or any other act that is related to whistleblowing. 

3.3.2 Any whistleblowing by employee which is not made in good faith and is found to be deliberately falsified with malicious intent will be subject to disciplinary action in accordance with the BAB’s disciplinary procedure.

3.3.3 The whistleblower shall be notified / informed of the final outcome of the investigation if the detail of the whistleblower is available.

3.3.4 Any whistleblower and / or witness (if any) who makes any disclosures in good faith will be protected from detrimental actions. 

3.3.5 The protection to the whistleblower will be revoked under the following, among others, circumstances:-

a) the whistleblower has participated in the wrongdoings reported;
b) the whistleblower willfully discloses a false statement;
c) the whistleblower made a disclosure with the motive to avoid dismissal or other disciplinary action; or
d) the disclosure is proven to be frivolous (not serious) or insufficient grounds.

3.3.6 Any party that retaliates and / or takes detrimental actions against the whistleblower who has reported any wrongdoing in good faith shall be subject to appropriate disciplinary action.

3.3.7 Only genuine concerns should be reported. If the investigation revealed that the disclosure was made with malicious intent, appropriate action can be taken against the whistleblower.

3.3.8 Any member of WBC will not be able to view the report if the report is connected to his/her department.

3.3.9 Whistleblowing Committee shall determine on the relevant parties (internal / external) to conduct the investigation.

3.3.10 A whistleblowing report on wrongdoings or misconduct may also be made:  

a) Although the person making the report is not able to identify a particular person to which the report relates;
b) Although the wrongdoings or misconduct occurred before the commencement of the WBPP;
c) In respect of information acquired while the whistleblower is still employed by the BAB and its subsidiary; and
d) Any wrongdoings or misconduct of the alleged wrongdoer while he/she is employed by the BAB and its subsidiary.

3.3.11 Action will be taken against the BAB and its subsidiary’s vendor / consultant / business associates who fails to abide by the WBPP or equivalent anti-corruption standards, which includes legal action i.e. termination of business relationship with them. 

3.3.12 All employees are encouraged to report any wrongdoings or misconduct immediately. All reporting will be handled in confidential and the BAB is committed to ensuring support are granted to employee that reports any wrongdoings or misconduct in good faith. 

3.3.13 For any reports received that are not construed as whistleblowing, will be forwarded to the relevant department.

3.3.14 Cases involving whistleblowing should be resolved within 60 working days upon receipt of satisfactory evidence / proof gathered after investigations and appropriate measures taken