Bumi plc and its subsidiaries (“Bumi Group”), including PT Berau Energy Tbk and all of its directly or indirectly owned subsidiaries (“Berau Group”) is committed to achieving high standards of business conduct. This Policy provides a key mechanism to support achievement of this goal. Non controlled, affiliated businesses are made aware of, and are encouraged to comply with, this Policy.
Policy requirements and application
This policy applies to all management, employees and business partners of Berau Group together with other third parties. It should be used when any of these parties have reasonable grounds to believe that malpractice is known, suspected or perceived to have occurred, be occurring or be likely to occur in relation to our operations.
Examples of malpractice include, but are not limited to:
- Conduct which is an offence or a breach of law, or failure to comply with legal obligations;
- Occurrence of miscarriages of justice;
- Non-compliance with our Code of Conduct or other Group policies;
- Other unethical conduct; and
- Concealment of any information relating to any of the above matters.
Reporting under the Ethics Alerts Line Policy
In reporting known, suspected or perceived malpractice the following criteria must be met:
- Information must be disclosed in good faith.
- The individual must believe it to be substantially true.
- The individual must not act maliciously or make false allegations.
- No personal gain must be sought through reporting the concern.
We urge individuals to raise any concerns immediately after being identified. We encourage individuals reporting a concern to disclose their name whenever possible. However, we recognize that in some cases individuals will want to maintain anonymity.
Ideally concerns should be initially dealt through line management who should escalate the concern immediately. Where it is a member of management who is suspected of malpractice, a more senior level of management should be approached or if individuals prefer they may bring the matter to the attention of the Head of Group Audit. If a concern needs to be brought directly to the attention of the Board, the Head of Group Audit should be contacted directly or via the number set out below. The Head of Group Audit reports functionally to the Chairman of the Audit Committee of Bumi plc and the President Director and is independent of line management.
An independent third party helpline is in place to enable individuals to come forward on a confidential anonymous basis:
PT Berau Ethics Alerts Line
Indonesia: 007-803-011-4324 (toll free)
Any concerns reported through this confidential line will be sent to, and dealt with by, the Head of Internal Audit in the relevant subsidiary or the Group Head of Audit at Bumi plc or in their absence the Company Secretary of Bumi plc. All concerns will be treated in confidence and every reasonable effort will be made not to reveal the identity of the individual who has made the report and maintain anonymity unless such person is required to come forward as a witness.
We will consult internally as we develop and review our procedures and practices on whistle blowing, in particular the mechanisms for confidential reporting.
We will not tolerate any harassment or victimisation (including informal pressures or any way of disadvantaging any individual) and will take appropriate action to protect anyone who raises a concern in good faith. If anyone tries to discourage an individual from coming forward to express a concern, we will treat this as a violation of the Code of Conduct and of this Policy, and as a disciplinary offence. In the same way, any abuse of the confidential reporting process is considered a disciplinary matter.
Approved by the Bumi plc Board on 11th April 2011 and by the PT Berau Energy Tbk and PT Berau Coal Boards of Directors on 11th November 2011.