Wint & Partners Conflict of Interest Policy

The ethical standards of the legal profession and the fiduciary duty of lawyers to their clients, prohibits us from representing clients if there is a conflict of interest. This is why we always check whether a conflict of interests exists before we accept an engagement to act for a new client or when existing clients ask us to advise on a transaction between those existing clients. Our conflict of interest policy is as follows:

1. For all new matters that come to us, we carry out an internal conflict check in our client records and consult the Wint & Partners legal personnel so that we can identify whether any interests conflict or are likely to conflict in relation to the matters. We check your name, the names of other people involved in the transaction or matter, and any related business entities, through our record keeping system to see if we have ever represented anyone related to the transaction or matter.

2. A conflict of interest will exist when we know confidential information of one client and could only act in the best interests of another client by breaching our duty of confidence to the first client.

3. If you are aware or become aware of a possible conflict of interest arising from our representation of a client, please raise it with us immediately. If a conflict of interest arises, then we may be able to continue to act for both you and the other client, subject to our compliance with paragraph 4 (c) in relation to the disclosure and management of any conflict of interest, provided each of you gives informed consent to us continuing to act and provide advice.

4. If a conflict of interest exists, we will disclose to the parties the general nature of the conflict and work out a solution to address the conflict of interest, which may include:
(a) assist those parties to find alternative legal representation;
(b) obtaining a written waiver of the conflict of interest, where a party does not consider there is a material conflict of interest in relation to our knowledge of the confidential information; or
(c) putting appropriate safeguards (such as an effective information barrier) in place to ensure that access to the relevant confidential information within Wint & Partners is restricted and does not come to the knowledge of the Wint & Partners legal personnel advising the other party. Where such appropriate safeguards are in place, with written consent of both parties, we can continue to act for a client notwithstanding we hold confidential information about one of the parties.

5. If such consent is not given by both parties, as described in paragraph 4 (c), then it will be up to us, taking account of our professional obligations, legal rules and your and the other client’s interests, to decide whether there is a material conflict of interest and whether we should continue to act for you only, or for the other client only, or for neither party.

6. There are circumstances where there is no conflict with our professional obligations and we can continue to act for clients who may consider they are competitors, such as:
(a) when the legal services for competing clients are in relation to wholly different types of work; 
(b) when we are asked to perform non-contentious work, such as due diligence enquiries, in relation to a transaction and do not have direct contact with, or provide substantive legal advice to the ultimate client; or
(c) when we are asked to perform registration services, such as the registration of trademarks or service marks or any other intellectual property right.

All questions about our conflict of interest policy, and to discuss our representation of you in any matter, please contact our managing partner, Wint Thandar Oo; mobile +95 (0) 95455565, +95 (0) 9401529447; This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.,

Dr. Morris Averill;

This email address is being protected from spambots. You need JavaScript enabled to view it.

Anti-bribery and Corruption Policy

Wint & Partners strictly complies with the anti-corruption laws of Myanmar and assists foreign clients operating in Myanmar with complying with the anti-corruption legislation of other countries that clients may be subject to.

Wint & Partners is committed to achieving the highest standards of ethical conduct and to ensuring that our lawyers, employees and other representatives, who may provide services on our behalf, act in compliance with the Anti-Corruption Law (No 23/2013). The bribery of public officials is also regulated by the Myanmar Penal Code, Chapters IX and XIA, and corruption-related offenses and penalty clauses are contained in other laws.

Our position on bribery is clear: it is wrong - it is illegal. We practice law with integrity and we do not condone or participate in bribery or other forms of corruption.

Bribery includes offering, promising, giving, accepting or seeking a bribe, facilitation payment, kickback or other improper payment to induce a person to perform a function or activity improperly or to reward them for doing so.

A "bribe" is a financial or other advantage that is promised, requested or given as improper influence to someone to breach their duty, or to otherwise improperly influence someone with the underlying purpose of obtaining/retaining business, or an advantage in the course of business.

A "facilitation payment" is a small payment made to government or public officials to speed up routine administrative processes or other functions or activities.

A "financial or other advantage" includes cash or cash equivalent, loans, discounts, preferential treatment or anything else of value. See our Acceptance of Gifts and Hospitality Policy for the giving or receiving of culturally appropriate gifts and hospitality.

A "function or activity" includes a function of a public nature (such as, the job of a public official) or an activity connected with a business or performed in the course of employment and the person performing the function or activity is expected to perform it in good faith and impartially or is in a position of trust by virtue of performing it.

Duties of employees and other representatives of Wint & Partners

Engaging in bribery or corruption on behalf of a client would damage our reputation and expose Wint & Partners and our lawyers and other representatives, to the risk of investigation by the Anti-Corruption Commission (the "Commission"), fines and imprisonment.

Employees and other representatives of Wint & Partners must not:

• conspire with, aid or abet, counsel, solicit or procure any third party (including any client of Wint & Partners) to contravene the Anti-Corruption Law (No 23/2013) or the anti-corruption legislation of other countries that clients may be subject to;
• consent to, or connive in, aid or abet, counsel, solicit or procure the commission of any bribery or corrupt activity (whether or not it was done to obtain or retain business or a business advantage); or
• solicit, request, agree to receive or accept, directly or indirectly, any financial or other advantage or anything of value that is (or may appear to be) related to inducing or rewarding improper performance by any employees and other representatives of Wint & Partners of any work they are engaged in for the law firm.

Anti-Corruption Law (No 23/2013)

The 2018 amendments to the Anti-Corruption Law set out the definition of “corruption” as:

The misuse of his post by any person in using his authority to do or to avoid the lawful act or to give the legal right to someone or to prohibit the legal right incorrectly, or giving, accepting, obtaining, attempt to obtain, proposal, promise or discussion by any means the corruption from someone either directly or indirectly.

Anyone who in the process of handling public finance of a government department, government organization, public organization or any other organisation or claiming acquiring, managing, liquidating proprietary rights of those organizations, or participating, administrating in the agreement relating to those organisations, causes loss or damage to revenue, property and proprietary rights by breaching any existing law, rule, regulation and procedure.

The Commission is tasked with take action effectively against those who commit corruption. The 2018 amendments to the Anti-Corruption Law allow any person to inform or complain to the Commission or and any investigation board formed under the law or relevant government department or organization. The Commission also has the power to consider indications of unusual wealth as information to justify an investigation.

The 2018 amendments to the Anti-Corruption Law extending the prohibition of corrupt acts to all persons - not just government officials. The Anti-Corruption Law applies to “any person” to include any Myanmar national or resident foreigner or a foreigner residing permanently in Myanmar. This definition of “any person” could also include Myanmar legal entities or foreign legal entities.

Breach of the Anti-Corruption Law can also lead to corporate liability, against a company, entity or association, including fines or restraining measures, as well as fines or imprisonment of individuals involved in bribery and corruption.

The long arm of anti-corruption laws

Many anti-corruption laws impose burdens that extend beyond national boundaries and impact on businesses operating in Myanmar and apply to their Myanmar advisers including lawyers.

The effect of these anti-corruption laws means that actions Wint & Partners take on behalf of their clients in Myanmar can create liability for clients under their domestic law. Wint & Partners never acts as an intermediary for committing any bribery or other forms of corruption or any other unlawful practices by its clients, and never renders legal services for any illegal or unethical purposes.

The Foreign Corrupt Practices Act 1976 (FCPA) of the United States of America applies to businesses, such as U.S. corporations and partnerships, as well as many non-U.S. businesses with some connection with the U.S.; with the long arm of the FCPA extending to the operations of those businesses in the countries in which they operate (such as Myanmar). The FCPA criminalises bribery and other corrupt acts done by or on behalf of businesses in the countries in which they operates either by managers and employees of the businesses or by their agents and representatives, including their lawyers.

The Bribery Act 2010 of the United Kingdom also has a long arm, as it includes an offence of bribing a foreign official. This anti-corruption law applies to activities of U.K. registered business as well as businesses with some connection with the U.K. It also criminalises bribery and other corrupt acts done by or on behalf of businesses in the countries in which they operates either by managers and employees of the businesses or by their agents and representatives, including their lawyers.

The Prevention of Corruption Act (PCA) of Singapore has extra-territorial effect and Singapore citizens committing bribery or corruption in other countries may be charged under the PCA.

The South Korean law regulating overseas bribery is the Act on Combating Bribery of Foreign Public Officials in International Business Transactions, which also has extra-territorial effect and citizens of South Korea committing bribery or corruption in other countries may be charged under the this law it they promise, give, or express an intent to give a bribe to a foreign public official, in relation to any international business transaction and with the intent of obtaining any improper advantage for that transaction.

Acceptance of Gifts and Hospitality Policy

This gift and hospitality policy applies to all of employees and other representatives of Wint & Partners, including those who make purchasing decisions and/or decisions regarding the award of contracts, services or other material benefits or are in a position to influence such decisions.

This policy does not prohibit the giving and receiving of appropriate gifts or hospitality unless otherwise specifically stated. Appropriate gift-giving is when the gift is given openly and transparently, provided only to reflect esteem or gratitude, and given in accordance with the cultural values and traditions of Myanmar.

Appropriate gifts and hospitality can be recognized as:

• any gift or hospitality (meals and/or entertainment activities) of an appropriate type and value and given at an appropriate time taking into account the reason for the gift; and
• given openly, not secretly and not made with the expectation of favorable treatment in return.

What is not acceptable?

Gifts or hospitality:

• must not include cash or a cash equivalent (such as a discount);
• must not include entertainment activities, airline tickets, hotel or resort accommodation for the personal benefit of the recipient;
• must not be made with the intention of improperly influencing someone with the underlying purpose of obtaining/retaining business; or to reward the provision or retention of business; or gain or influence the giving of a business advantage; or in explicit or implicit exchange for favours or benefits;
• must not be offered to, or accepted from candidates for political office, politicians or political parties; or
• must not be offered to any government official, agent or representative to facilitate or expedite any routine administrative processes or other functions or activities.

The offer or receipt of gifts or hospitality is permitted when it is in accordance with Myanmar cultural values and traditions, however employees and other representatives of Wint & Partners must not accept payment, gifts and hospitality offered by any person where it is known or suspected that it is offered or given with an expectation that a legal concession or business advantage will be improperly provided by the Wint & Partners in return. Such an offer can be, or can be seen to be, a bribe or reward or create an obligation which can hinder proper and impartial decision-making. That is, the receiving of any gift or hospitality by employees and other representatives of Wint & Partners must not impact or influence the work and decisions of the recipient of the gift or hospitality

The following are examples of gifts and hospitality that employees and other representatives of Wint & Partners can accept:

• product samples, souvenirs or promotional products, with reasonable values, that include the trademark or logo of the organization or services supplied by the client on whose behalf the gift is made; and
• boxes, baskets or hampers of food or products, with reasonable values, made during festive seasons, such as during Thadingyut.

If there is any doubt as to whether the receipt of a gift or hospitality is permitted or required to be reported, employees and other representatives of Wint & Partners should discuss the gift or hospitality with the managing partner of Wint & Partners.

Contact Wint & Partners

Should you have any questions or concerns about the impact on your business of the Anti-Corruption Law (No 23/2013) of Myanmar or questions about Wint & Partners' Anti-Bribery and Corruption Policy or Gifts and Hospitality Policy, please contact our managing partner, Wint Thandar Oo;

Mobile +95 (0) 95455565; +95 (0) 9401529447; This email address is being protected from spambots. You need JavaScript enabled to view it., This email address is being protected from spambots. You need JavaScript enabled to view it.,

Dr. Morris Averill;

This email address is being protected from spambots. You need JavaScript enabled to view it.