Purpose

1. This Conflict of Interest Policy affirms the commitment of Action for Change in Southeast Asia’s (“ActSEA”) to prevent situations where there may be real, potential or perceived conflicts of interest which may arise. It further affirms the obligations of all members to act in the best interest of ActSEA.
2. Such conflicts may create problems that may result in the following:
   1. Cause damage to ActSEA’s reputation and/or risk the impression that ActSEA has acted improperly, which may lead to its inability to sustain operations;
   2. Influence the members’ judgement and compromise objectivity when conducting ActSEA’s affairs; and
   3. Restrict free discussion, thus resulting in decisions or actions that are not in the best interests of ActSEA.
3. This Policy aims to protect both ActSEA and its members from any impropriety.

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Definitions

1. “Member” refers to a board member or management member or staff member or volunteer member of ActSEA.
2. “Policy” refers to the Conflict of Interest Policy.
3. “Interest” means any commitment, investment, relationship, obligation, or involvement, financial or otherActSEA that may influence a person’s judgement. This would include:
   1. Direct interest – ownership in the name of the member/staff;
   2. Indirect interest – ownership beneficially held through another investment, estate, trust or other intermediary;
   3. Vested interest – personal stake or involvement, which may or may not include an expectation of financial gain; and
   4. Deemed interest – a member/staff is deemed to have an interest which their spouse/domestic partner holds an interest.
4. A conflict of interest arises when the personal interests of the member/staff may potentially interfere with the performance of their duties in ActSEA. When actual, potential or perceived conflict of interest arises, the integrity, fairness and accountability of the person may be affected, which could impede the best interest of ActSEA.

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Declaration of interests

1. Given the stated purpose of this Policy, the following ought to be adhered to:
   1. Board and management members to declare their interests, and any gifts or hospitality received in connection with their role in ActSEA; and
   2. Staff and volunteers to declare when a transaction to be effected may result in a conflict of interest.
2. A declaration of interests form is provided for this purpose. The types of interest to be declared will include, but not limited to the following:
   1. Members who have friends or other personal or business relationships must carefully consider whether those relationships create conflicts of interest with their entrusted role in ActSEA. Examples include, but are not limited to:
      1. Hiring a relative or friend as an employee or vendor,
      2. Buying or selling goods or services from / to a family business for which others might compete,
      3. Having a personal relationship where there is an immediate reporting relationship,
      4. Volunteering and/or having memberships in any other organisations, or
      5. Receiving goods/services as beneficiaries.
   2. Members must disclose any outside activities, financial interest or relationship that may pose a real, potential or perceived conflict of interest. Disclosures are to be made to the Board/Core Team/supervisors, with the required approval obtained before accepting any position as an officer or director of an outside business.
3. To be effective, the declaration of interests needs to be updated in written form at least annually and also when any changes occur.
4. In situations where members are unsure on what is to be declared, or whether/when the declaration needs to be updated, they are to err on the side of caution or seek advice from the Board/Core Team/supervisors.
5. All disclosure of interest made by members and decisions made by the Board/Core Team of ActSEA on such matters must be recorded, updated and filed.
6. A register of interests shall also be used to record all gifts of an estimated value over US$10 received by members.

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Operating procedures

1. If the Board needs to make a decision on an issue where a Board member(s) has/have an interest, it is the responsibility of the Board member(s) to:
   1. Declare  the potential conflict of interest, which is to be put on record;
   2. Abstain from participating in discussion(s) of the program or motion being considered; and
   3. Abstain from voting  on the program or motion being considered.
2. If the Board needs to make a decision on an issue where one or more Board member(s) has/have an interest, it is the responsibility of the Board to ensure that:
   1. All decisions are made by vote, with a two-thirds majority required based on the presence of a quorum; and
   2. Interested board members must not vote on matters affecting their own interests.
3. It is the responsibility of the Board to:
   1. Procure goods and/or services from any vendor if they are the best qualified individuals available, and willing to provide the goods or services needed at the best price.
   2. The Board’s decision shall not be influenced in any way by the fact that a Board member has an interest in the contract.
   3. Record in the minutes of the Board Meeting the potential conflict of interest, and the use of the procedures and criteria of this policy.
4. It is the sole responsibility of any member of ActSEA to report any possible real, potential or perceived conflict of interest. If it is an oversight of ActSEA, the member shall promptly inform ActSEA that they have been put in such a position of conflict of interest. Except with approval from [insert authority], they shall not participate in any transaction in connection with the conflicted party.
5. No member of ActSEA shall derive any personal profit or gain, directly or indirectly, by reason of their participation with ActSEA. Each individual shall disclose to ActSEA any personal interest which they may have in any matter pending before the organisation and shall refrain from participation in any decision on such matter.
6. Any member of ActSEA or its Consultants / Business Partners shall refrain from obtaining any list of clients for personal or private solicitation purposes at any time during the term of their affiliation. Any such acts are to be reported to the Board.
7. Any member who is also a user of ActSEA’s services, or the carer of someone who uses ActSEA’s services shall not be involved in decisions that directly affect the service received by them or by the person they care for. They shall declare their interest at the earliest opportunity and withdraw from any subsequent discussion. The same applies if the conflict concerns any other reason(s). This clause does not preclude them from providing feedback on said matter.
8. A member of ActSEA may, however, participate in discussions from which they may indirectly benefit, for example where the benefits are universal to all users.
9. The Board of ActSEA shall have the right to take action, including but not limited to suspending any member/staff from all activities of ActSEA, when it has come to their attention that a potential actual or perceived conflict has arisen, but has not been voluntarily disclosed by the relevant member.

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Violations

Any violation will result in discipline, up to and including termination from employment or removal from the board, or expulsion from being a volunteer member of ActSEA.

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References

Sample of Conflict of Interest Policy Operating Procedures. Social Service Institute.November 2013.  Accessible at: https://www.charities.gov.sg/PublishingImages/Resource-and-Training/Guides-Templates-Awards/SOP-and-Templates/Documents/SampleConflictofInterestPolicy.pdf