POLICY AND GUIDELINES FOR PREVENTING CORRUPTION IN PROCUREMENT AND CODE OF BUSINESS ETHICS

          To comply with the announcement of the Anti-Corruption Cooperation Committee regarding the Procurement Budget and Minimum Standards for Policies and guidelines on preventing corruption in procurement processes that entrepreneurs must implement under Section 19 of the Public Procurement and Supplies Administration Act B.E. 2560 (2017), published in the Royal Gazette on October 16, 2024, and effective from April 13, 2025. It is stipulated that entrepreneurs wishing to participate in bidding with government agencies for projects with procurement budgets exceeding 300,000,000 million Baht must establish appropriate anti-corruption policies and guidelines for procurement, clearly documented in writing.

          DataOne Asia (Thailand) Company Limited established the policies and guidelines for preventing corruption in procurement processes, along with a code of business ethics as following;

1. DEFFINITION

          “Government Agency” means Central government agencies, regional government agencies, local government agencies, state enterprises under the Budget Procedures Act, public organizations, independent organizations, organizations under the Constitution, administrative units of the judiciary, autonomous universities, agencies under or supervised by the legislature, independent state agencies, and other agencies as specified in ministerial regulations.

          “Government officials” means Governmental Officer or Local Government Officer holding positions or salaries, working in government agencies or state enterprises, local government executives, deputy local government executives, assistant local government executives, and local council members of local administrative organizations as prescribed by law. This also includes members of boards, subcommittees, employees of government agencies, state enterprises, and individuals or groups of individuals authorized by law to exercise or delegated administrative powers within the government, state enterprises, or other state activities. It also refers to political office holders, Constitutional Court judges, individuals holding positions in independent organizations, and the National Anti-Corruption Commission.

          “Corruption” means the misuse of power or assets for inappropriate personal gain, the benefit of others, companies, or associated parties, or actions that cause harm to the interests of others. This includes unfair obstruction of competition, omits to exercise any of his functions, bribery, offering things or other benefits, and conflicts of interest between personal and public interests involving entrepreneurs and government agencies, as well as between Government officials or among entrepreneurs themselves.

          “Bribery” means offering, promising, or providing benefits related to things of value or other objects, whether directly or indirectly, to secure business or maintain other improper advantages. Examples include giving gifts or services, providing cash or cash substitutes, lending things, colluding on bid submission, and accepting work inspections.

          “Things or Benefits” means money, assets, or any other benefits provided as a gesture of goodwill, a reward, or a token of appreciation. This includes granting special privileges, covering expenses for travel or leisure, accommodation, meals, or similar things, whether provided in the form of tickets, vouchers, or other forms of evidence.

          “Unfair obstruction of competition” means actions by one or more entrepreneurs that hinder, obstruct, or prevent fair competition in submitting proposals to government agencies for procurement. Such actions may include collusion, offering, requesting, or agreeing to give or accept money, assets, or other benefits; using or threatening violence; presenting false documents; or committing other fraudulent acts during the proposal process. These actions are intended to gain advantages during the bidding process, to favor a particular entrepreneur in securing a contract with the government agency, to avoid fair competition, or to unfairly gain an advantage over the government agency outside of normal business practices.

          “Conflict of interest between personal and public benefits” means an entrepreneur uses their position or authority to seek personal gain or benefits for a group or associates, causing impact or harm to Interested person in the Government Agency 's procurement process. This also includes leveraging business or family relationships to gain advantages for oneself, a group, or a business in government procurement. Examples include having overlapping business interests or holding shares in similar enterprises where such enterprises submit proposals for the same project, or submitting proposals for a project where a relative is involved in the procurement process.

          “Company” means DataOne Asia (Thailand) Company limited.

          “Director” means Company’s director.

          “Executive” means persons assigned to be responsible for supervising and conducting the activities of the entrepreneur.

          "Employees" means regular employees under an employment contract, probationary employees, and employees under a special contract.

          “Interested person” means individuals or groups who are directly or indirectly affected by the business operations or have any interest in the business activities.

1. Scope and Responsibility of Company

          This Announcement Applies to all Levels of Company Personnel, Including Directors, Executives, Employees, and Interested person related to the Company

          The Legal Department is internal department to responsible for implementing anti-corruption measures.

2. Anti-Corruption Policy in Procurement

          Policy and guidelines for preventing corruption in procurement.

          2.1 The directors, executives, employees, Interested person, and third parties associated with the company are prohibited from engaging in any form of corruption, including bribery, which involves offering, promising, or agreeing to provide assets or other benefits, or inducing others to participate in any activities, whether directly or indirectly, aimed at securing an advantage in bid submissions or colluding in bidding to Government officials, resulting in unfair advantages and receiving certain benefits in the procurement process or in the performance of contracts, both before, during, and after the bidding process, or to preserve any improper advantage contrary to the principles of business ethics.

          2.2 The directors, executives, employees, and Interested person shall not engage in any form of corruption, including political assistance, charitable donations intended to benefit their own business, payments made for business purposes that provide an unfair advantage, and any other expenses that may create opportunities for individuals involved to commit corruption, such as gifts, client hospitality, which may result in the improper use of authority, including bribery of government officials, offering gifts or services, providing cash or cash equivalents, and colluding in bidding.

3. Code of Ethics for Directors, Executives, Employees, and Interested person in Procurement

          3.1 The individual shall not act as an intermediary for the solicitation or acceptance of bribes, offer, request, or agree to provide gifts, hospitality, or other expenses, whether in the form of things or benefits, to Interested person involved in activities within government agencies, government officials, or governmental officer, if such actions could lead to the inducement or failure to perform duties by the said officials, for the benefit of the company, the briber themselves, or their family, which constitutes corruption or providing an advantage in bidding or colluding in bidding.

          3.2 Charitable donations and financial support for any activities must be considered in accordance with the law, aligned with good ethical standards, socially responsible, and not intended for bribery, corruption, or to provide an advantage in bidding or collusion in bidding.

          3.3 The use of authority, resources, funds, work time, including the company name, for any purpose benefiting a political party, political group, or politician, or to influence, instruct, or persuade employees or subordinates to participate in activities of any political party, political group, or politician is prohibited. The exercise of political rights or support for any political party, political group, or politician is a personal action that may be undertaken without violating the law and ethical standards.

          3.4 In procurement of goods or services, or in the submission of bids, the company must follow the procedures outlined in the company's regulations or applicable laws, ensuring transparency and accountability.

          3.5 If any actions are observed that constitute or suggest corruption, bribery, collusion in bidding, or any fraudulent activities whether directly or indirectly affect the company, such actions must not be ignored or overlooked. They must be reported to the company immediately through the whistleblowing channels established by the company.

4. Communication and public relations

          Communication and public relations have following;

          4.1 The Company shall issue or disseminate the policy and guidelines for preventing corruption in procurement within the company through appropriate channels.
          4.2 The Company shall provide training on the policy and guidelines for preventing corruption in procurement to directors, executives, and employees at all levels.
          4.3 The Company shall disseminate the policy and guidelines for preventing corruption in procurement to external parties through appropriate channels.

5. Penalties

          In the event that an executive or employee violates the policy and business ethics in preventing corruption in procurement, if the investigation finds wrongdoing, the individual found in violation shall be subject to disciplinary action, considering the severity of the conduct, in accordance with the company's work regulations, as follows

          1. Verbal warning
          2. Written warning
          3. Suspension without pay for up to 5 working days
          4. Termination of employment

          Additionally, the individual who commits such violations may be subject to legal penalties for offenses related to corruption, such as the Anti-Corruption Laws or offenses under the Criminal Laws, which may result in both fines and imprisonment. In the event that the company suffers damages, the company may also consider seeking civil compensation for such damages.

6. Contact Channel

          Contact Channel as following;

          6.1 An individual who becomes aware of a tip-off or action, or possesses information regarding corruption in procurement, shall report the tip-off through the designated channels.

               6.1.1 Report the tip-off and complaints directly to a trusted supervisor at all levels, management, human resources, internal audit department,                             or the board of directors.
               6.1.2 Company’s Website http://www.d1asia.co.th
               6.1.3 By E-mail sent to the Board of director at dataoneinfo@d1asia.co.th
               6.1.4 By postal delivery in writing directly to the Board of Directors at
                         DataOne Asia (Thailand) Co., Ltd.
                         1023 MS Siam Tower, 30th Floor,
                         Rama 3 Road, Chongnonsi, Yannawa, Bangkok 10120

          6.2 The Company shall promptly conduct an investigation into the tip-off or complaint.

          This Announcement shall be effective on 2 January 2025