Gift Policy


1. INTRODUCTION
At Kohai Esports, we are dedicated to upholding a culture ofintegrity, professionalism, and ethical behavior in all our operations. We strictly oppose any form of bribery or corruption and comply fully with all applicable anti-bribery and corruption laws, including the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009), UK Bribery Act 2010, and US Foreign Corrupt Practices Act (FCPA). Our commitment to these principles ensures that our business dealings remain transparent, fair, and free from improper influence.
To support these principles, all Kohai Esports employees, directors, and their family members are strictly prohibited from giving or receiving gifts, directly or indirectly, except as specifically permitted by this policy. Any gifts received must be promptly and politely refused or returned.
We greatly value your support and believe that your trust and goodwill are the greatest gifts we can receive.


2. OBJECTIVES OF THE GIFT POLICY
The objectives of this policy are to:

  • Reinforce Ethical Standards: Promote a transparent and ethical business environment where all decisions are free from influence or bias.
  • Support Compliance: Ensure compliance with the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009), UK Bribery Act 2010, US Foreign Corrupt Practices Act (FCPA), and other relevant anti-bribery laws and standards.
  • Mitigate Risk: Protect the company, employees, and business partners from reputational and legal risks associated with bribery and corruption.
  • Clarify Responsibilities: Define the roles and responsibilities of employees, directors, and third parties in upholding the gift policy.


3. SCOPE OF THE POLICY
This policy applies to all employees, directors, officers, agents, contractors, consultants, suppliers, and third-party partners of Kohai Esports. It also extends to family members of these parties, as they may be used as intermediaries to offer or receive gifts on behalf of employees.
This policy applies to all forms of gifts, including but not limited to cash, gift cards, discounts, loans, rewards, prizes, products, services, travel, hospitality, entertainment, and any other item of value.


4. PROHIBITED CONDUCT
All employees, directors, and third-party partners are strictly prohibited from:

  • Giving or Receiving Cash or Cash Equivalents: Cash, gift cards, checks, or any monetary equivalent are strictly prohibited.
  • Offering or Accepting Gifts from Government Officials: Offering, giving, or accepting gifts from government officials, regulators, or authorities is strictly forbidden.
  • Gifts During Business Negotiations: Offering or accepting gifts during tender processes, contract negotiations, or decision-making processes is not allowed.
  • Disguised Gifts: Gifts provided as "sponsorships", "donations", or "charitable contributions" that aim to influence a business decision are not allowed.
Any attempt to circumvent this policy through the use of family members, agents, or intermediaries will be treated as a direct violation of the policy.


5. PERMISSIBLE GIFTS
While most gifts are prohibited, certain gifts may be permissible if they comply with the following criteria:

  • Promotional Items: Low-value, company-branded promotional items such as pens, calendars, or mugs are generally acceptable.
  • Customary Gifts: Gifts given as part of local customs or cultural traditions (e.g., during festive occasions like Chinese New Year) may be permitted, provided the value is modest and the gift is declared.
  • Token of Appreciation: Small gifts given as a token of appreciation (e.g., flowers or small food items) are allowed as long as they are of low value and do not influence decision-making.
All permissible gifts must be recorded in the Gift Register and disclosed to the Compliance Officer.


6. REPORTING AND RECORDING GIFTS
All gifts, whether received or given, must be reported and recorded in the Gift Register . The following steps should be taken:

  • Notification: Inform your supervisor or line manager immediately upon receipt or offer of a gift.
  • Disclosure: Submit a Gift Disclosure Form to the Compliance Officer with details of the gift (type, value, recipient, and reason).
  • Review and Approval: The Compliance Officer will review the disclosure and decide on the next steps (acceptance, refusal, or return of the gift).
The Gift Register is regularly reviewed by internal auditors to ensure full compliance with this policy.


7. RESPONSIBILITIES OF EMPLOYEES AND BUSINESS PARTNERS
All employees, directors, and business partners are responsible for:

  • Understanding and Complying: Fully understanding and adhering to the terms of this policy.
  • Reporting Gifts: Promptly reporting any offers, acceptance, or giving of gifts in accordance with the policy.
  • Declining Prohibited Gifts: Politely refusing gifts that violate this policy and explaining the company's commitment to ethical business practices.
  • Avoiding Indirect Offers: Ensuring that family members, agents, and intermediaries do not offer or accept gifts on their behalf.
Failure to comply with this policy may result in disciplinary action, contract termination, and/or reporting to authorities .


8. CONSEQUENCES OF POLICY VIOLATION
Violations of this policy are taken very seriously and may result in the following actions:

  • Internal Disciplinary Action: Verbal or written warnings, suspension, or dismissal.
  • Termination of Business Relationships: Termination of contracts or agreements with third-party service providers.
  • External Reporting: If required by law, Kohai Esports may report the violation to regulatory authorities, including the Malaysian Anti-Corruption Commission (MACC).


9. REPORTING AND WHISTLEBLOWING
If you suspect a violation of this policy, you are encouraged to speak up. Employees and third-party partners may report violations through the following channels:

  • In-App Reporting Tool (if applicable)
  • Email: info@kohai.gg
  • Anonymous Reporting Line: [Insert Toll-Free Number]
All reports will be treated confidentially and without retaliation. Kohai Esports guarantees protection for whistleblowers who report policy breaches in good faith.


10. MONITORING, REVIEW, AND CONTINUOUS IMPROVEMENT
Kohai Esports is committed to continuously improving its Gift Policy to ensure it remains effective and compliant withanti-bribery and anti-corruption laws. This policy will be reviewed annually or as necessary to reflect changes in business operations, legal requirements, and industry best practices.Internal audits and compliance checks will be conducted to ensure adherence to the policy.


11. QUESTIONS AND SUPPORT
For questions or support regarding this policy, please contact Kohai Esports Compliance Team at:
Email: info@kohai.gg
Address: IWG Esports Sdn Bhd, Suite M-04, Mezzanine Floor, Menara Tan & Tan, No. 207, Jalan Tun Razak, 50400 Kuala Lumpur, Malaysia.


Effective Date: 18 December 2024