Agricultural Bank China (DIFC Branch)’s (hereafter “ABC DIFC”) Whistleblowing policy encourages and protects employees, former employees, candidates, and third parties with whom ABC DIFC has a business relationship (such as contractors, subcontractors and suppliers) who speak up when they encounter behavior by or within ABC DIFC that is/seems unethical, illegal, against ethical corporate values, standards of fair dealing, honesty, integrity or have a regulatory concern.

The DFSA GEN Rule 5.4 defines “regulatory concern” held by any person that the Authorised Person, an officer or employee of the Authorised Person, an Affiliate of the Authorised Person or an officer or employee of an Affiliate of the Authorised Person has or may have: (i) contravened a provision of legislation administered by the DFSA; or (ii) engaged in money laundering, fraud or any other financial crime”.

ABC DIFC encourages reporting of any instances of suspected unethical, illegal, corrupt, fraudulent or undesirable conduct involving ABC DIFC’s business and provides protections and measures to individuals who make a disclosure in good faith in relation to such conduct without fear of any civil or contractual liability.

The Whistleblowing Policy applies to concerns about, suspected or actual criminal conduct, unethical conduct or other misconduct including a (suspected) breach of DFSA laws by or within ABC DIFC, including but not limited to:

• Criminal activity or offences, including fraud, theft, and embezzlement.

• Corruption, bribery or blackmail.

• Financial malpractice, impropriety or mismanagement.

• Facilitating tax evasion.

• Failure to comply with any legal or professional obligation or regulatory requirements of ABC DIFC or Head Office.

• Conduct likely to damage reputation or financial wellbeing ABC DIFC or Head Office.

• Actions which endanger the health and safety of employee or the public.

• The deliberate provision of false information to stakeholders.

• Contravene any provision of legislation administered by the DFSA. Engaged in money laundering or any other financial crime activity or offences.

• Unauthorized disclosure of confidential information.

• The deliberate concealment of information relating to any of the above matters.

• Any retaliation against someone for speaking up or “whistleblowing”.

ABC DIFC’s whistleblowing channel (via email whistledifc@abchina.com ) can be used to raise concerns (anonymously or not), without fear of retaliation. It alerts to allegations of crimes or other suspected misconduct and helps ensure appropriate and adequate action is taken to address the situation.

After the Whistle blowing concern has been received by ABC DIFC an acknowledgement of receipt will be sent within seven working days. Based on the provided information Whistle blowing concern will be investigated. Often, follow-up contact is needed for further clarification, contact will be sought via the available (anonymous) communication channels. An update on the follow-up of the concern will be shared within one months after ABC DIFC acknowledgement of receipt.

ABC DIFC will investigate all matters reported under Whistle blowing concern as soon as practicable after the matter has been reported. The Whistle blower Protection Officer will investigate the matter and where necessary, appoint an external investigator to assist in conducting the investigation. All investigations will be conducted in a fair, independent and timely manner and all reasonable efforts will be made to preserve confidentiality during the investigation.

If the report is not anonymous, the Whistle blower Protection Officer or external investigator will contact you, by your preferred method of communication to discuss the investigation process and any other matters that are relevant to the investigation.

Where you have chosen to remain anonymous, your identity will not be disclosed to the investigator or to any other person and ABC DIFC will conduct the investigation based on the information provided to it.

Where possible, the Whistle blower Protection Officer will provide you with feedback on the progress and expected time frames of the investigation. The person against whom any allegations have been made will also be informed of the concerns and will be provided with an opportunity to respond (unless there are any restrictions or other reasonable bases for not doing so).

ABC DIFC will document the findings in a report however, any report will remain the property of ABC DIFC and will only be shared with you or any person against whom the allegations have been made if the ABC DIFC deems it appropriate and with the DFSA as required by DFSA GEN Rule 5.4.

ABC DIFC is committed to ensuring that any person who makes a disclosure is treated fairly and does not suffer detriment and that confidentiality is preserved in respect of all matters raised under Whistle blowing policy.

You will not be subject to any civil, criminal or administrative legal action (including disciplinary action) for making a disclosure under whistle blowing. Any information provided will not be admissible in any criminal or civil proceedings other than for proceedings in respect of the falsity of the information.

All information received from you will be treated confidentially and sensitively.

If you report on an anonymous basis, you will still qualify for the protections in Whistle blowing policy.

If you make a disclosure under whistle blowing policy, your identity (or any information which would likely to identify you) will only be shared if:

· You give your consent to share that information; or

· The disclosure is allowed or required by law; or

· The concern is reported to the DFSA or any other government body.

Where it is necessary to disclose information for the effective investigation of the matter, and this is likely to lead to your identification, all reasonable steps will be taken to reduce the risk that you will be identified. For example, all personal information or reference to you witnessing an event will be redacted from any report, you will be referred to in a gender-neutral context, where possible you will be contacted to help identify certain aspects of your disclosure that could inadvertently identify you. Any disclosure under Whistle blowing policy will also be handled and investigated by senior qualified staff.

ABC DIFC will also take the following measures for protecting your identity:

· All papers and electronic documents and other materials relating to disclosures will be stored securely;

· Access to all information relating to a disclosure will be limited to those directly involved in managing and investigating the disclosure;

· Only a restricted number of people who are directly involved in handling and investigating a disclosure will be made aware of your identity (subject to your consent) or information that is likely to lead to your identification;

· Communications and documents relating to the investigation of a disclosure will not be sent to an email address or to a printer that can be accessed by other staff; and

· Each person who is involved in handling and investigating a disclosure will be reminded about the confidentiality requirements, including that an unauthorised disclosure of your identity may be a criminal offence.

If you are concerned that your identity has been disclosed in relation to a disclosure, and without your consent, you should inform a Whistle blower Protections Officer.

Where you do not feel comfortable making disclosure to ABC DIFC, or where you have reported a concern, but no action has been taken within a reasonable time, you may disclose any concern to the DFSA: whistle@dfsa.ae