Anti-Corruption Policy
I. Purpose
Being a Singapore association, we strive to conduct ourselves according to the highest standards of ethical conduct. Throughout its operations, the Association of Educational Therapists (Singapore) seeks to avoid even the appearance of impropriety in the actions of its members and officers.
This Policy reiterates our commitment to integrity and explains the specific requirements and prohibitions applicable to our operations under anti-corruption laws, including, but not limited to, the Singapore Prevention of Corruption Act of 1960 (the “PCA”). This Policy contains information intended to reduce the risk of corruption and bribery from occurring in the Association activities. The Association strictly prohibits all forms of corruption and bribery and will take all necessary steps to ensure that corruption and bribery do not occur in its business activities.
II. Scope
This Policy is applicable throughout the Association’s operations. This Policy applies to all of the Association’s office bearers, staffers, agents, consultants, joint venture partners and any other third-party representatives (collectively as “stakeholders”) that, on behalf of the Association, have conducted or likely to conduct business outside the Singapore when interacting with non-Singapore government officials.
II. Policy
1. Under the PCA, it is illegal for Singapore persons, including Singapore associations, and stakeholders to bribe non-Singapore government. The concept of prohibiting bribery is simple. However, understanding the full scope of the PCA is essential as this law directly affects everyday business interactions between the Association and non-Singapore governments and government-owned or government-controlled entities.
2. Violations of the PCA can also result in violations of other Singapore laws, including anti-money laundering, mail and wire fraud and conspiracy. The penalties for violating the PCA are severe. In addition to being subject to the Association’s disciplinary policies (including termination), individuals who violate the PCA may also be subject to imprisonment and fines. Aside from the PCA, the Association may also be subject to other non-Singapore anti-corruption laws, in addition to the local laws of the countries in which the Association conducts business. This Policy generally sets forth the expectations and requirements for compliance with those laws, including, without limitation, the PCA.
3. The Association’s employees and agents are prohibited from directly or indirectly making, promising, authorising or offering anything of value to a non-Singapore government official on behalf of the Association to secure an improper advantage, obtain or retain business, or direct business to any other person or entity. This prohibition includes payments to third parties where an Association’s employee or agent knows, or has reason to know, that the third-party will use any part of the payment for bribes. Although the PCA prohibits such payments to non-Singapore government officials, the Association also prohibits employees and agents from making such payments to Singapore government officials.
A. Cash and Non-Cash Payments: “Anything of Value”
Payments that violate the PCA may arise in a variety of settings and include a broad range of payments beyond the obvious cash bribe or kickback. The PCA prohibits giving “anything of value” for an improper purpose. This term is very broad and can include, for example:
- Gifts
- Travel, meals, lodging, entertainment, or gift cards
- Loans or non-arm’s length transactions
- Charitable or political donations
- Business, employment or investment opportunities
B. Non-Singapore Government Official
The PCA broadly defines the term non-Singapore government official to include:
Payments that violate the PCA may arise in a variety of settings and include a broad range of payments beyond the obvious cash bribe or kickback. The PCA prohibits giving “anything of value” for an improper purpose. This term is very broad and can include, for example:
Officers or employees of a non-Singapore government or any department, agency or instrumentality thereof
Officers or employees of a company or business owned in whole or in part by a non-Singapore government (state owned or controlled enterprises).
Officers or employees of a public international organization (such as the United Nations, World Bank or the European Union)
Non-Singapore political parties or officials thereof
Candidates for non-Singapore political office
This term also includes anyone acting on behalf of the above. On occasion, a non-Singapore government official may attempt to solicit or extort improper payments or anything of value from the Association’s employees or agents. Such employees or agents must inform the non-Singapore government official that the Association does not engage in such conduct and immediately contact the Director of Compliance in Legal Services.
C. Commercial Bribery
A. Facilitating Payments
The PCA includes an exception for nominal payments made to low-level government officials to ensure or speed the proper performance of a government official’s routine, non-discretionary duties or actions, such as:
Clearing
Processing governmental papers such as visas, permits, or
Providing police
Providing mail, telephone, or utility
Because these types of facilitating payments are not legal in many countries in which the Association conducts business, it is Association’s policy to prohibit employees and agents from making such payments. If there is a circumstance in which an Association employee or agent believes a facilitating payment is necessary and is legal, the Association’s employee or agent must consult with and obtain authorisation from the Director of Compliance in Legal Services prior to making such payment.
B. Promotional Hospitality and Marketing Expenses or Pursuant to a Contract
The Association may pay for the reasonable cost of a non-Singapore government official’s meals, lodging or travel if, and only if, the expenses are bona fide, reasonable, and directly related to the promotion, demonstration or explanation of the Association products or services, or the execution of a contract with a non-Singapore government or agency.
C. Promotional Gifts
Promotional gifts of nominal value may be given to a non-Singapore government official as a courtesy in recognition of services rendered or to promote goodwill. These gifts must be nominal in value and should generally bear the trademark of the Association or one of its products.
5. Political and Charitable Contributions. Contributions to candidates for non-Singapore political office are prohibited unless the Chief Executive Officer pre-approves them in writing. Charitable contributions to non-Singapore charities must also be pre-approved in writing by the Chief Executive Officer.
6. Record Keeping. It is the Association’s responsibility to implement and maintain internal accounting controls based upon sound accounting principles. All accounting entries in the Association’s books and records must be timely and accurately recorded and include reasonable detail to fairly reflect its transactions. These accounting entries and the supporting documentation must be periodically reviewed to identify and correct discrepancies, errors, and omission.
A. Authorisation for Transactions
All transactions involving the provision of anything of value to a non-Singapore government official must occur only with appropriate authorisation from the Association president.
B. Recording Transactions
All transactions involving the provision of anything of value to a non-government official must be recorded by the Accounting Department in accordance with generally accepted accounting principles.
C. Tracking Transactions
All transactions involving the provision of anything of value to a non-Singapore government official must be tracked by the Accounting Department in a separate log or record, with supporting documentation identifying, and reviewed annually by the Accounting Department:
The name and position of the employee requesting and authorising the
The name and position of the non-Singapore government official involved in the
A description, including the value, of the payment or provision of anything of value, and where applicable, a description of the the Association’s products or services being promoted or the relevant contractual provision if the payment was made pursuant to a contract.
7. Cash Payments. Cash payments of any kind to a third-party, other than documented petty cash disbursements or other valid and approved payments, are prohibited. The Association’s checks shall not be written to “cash,” “bearer” or anyone other than the party entitled to payment except to replenish properly used petty cash funds.
8. Representatives. All third-party of the Association’s representatives must fully comply with the PCA and all other applicable laws.
9. Compliance. The Association’s employees and agents must be familiar with and perform their duties according to the requirements set out in this Policy. The Association’s employees or agents who violate this Policy are subject to disciplinary action, up to and including dismissal. Third-party representatives who violate this Policy may be subject to termination of all commercial relationships with the Association.
IV. Administration
1. To ensure that all the Association’s employees and agents are thoroughly familiar with the provisions of this Policy, the PCA and any other applicable anti-corruption laws, the Association shall provide anti-corruption training and resources to those Association employees and agents, as appropriate. Any Association’s employee or agent who suspects that this Policy may have been violated must immediately notify The Association as specified in the section entitled “Reporting Policy Violations” below. Any Association’s employee who, in good faith, reports suspected legal, ethical or policy violations will not suffer any adverse consequence for doing so. When in doubt about the appropriateness of any conduct, the Association requires that you seek additional guidance before taking any action that may subject the Association to potential PCA liability.
2. The Association may at times undertake a more detailed review of certain As part of these reviews, the Association requires all employees, agents and third-party representatives to cooperate with the Association, outside legal counsel, outside auditors, or other similar parties. The Association views failure to cooperate in an internal review as a breach of your obligations to the Association and will deal with this failure severely in accordance with any local laws or regulations.
3. If you have any questions relating to this Policy, please contact the Director of Compliance in Legal Services.
4. All reports of policy violations shall be and remain anonymously. To report potential violations of this Policy via our third-party administrator, please email legal@aet.sg.
