Protect your business, comply with laws and effectively address bribery and corruption.
This collection of resources proposes steps to take when instances of bribery or corruption occur, or when there are near misses. Develop your business’ understanding of what has occurred and promote a culture of action, self-reporting, remedy and organisational learning.
United States (US) authorities investigate and prosecute foreign bribery that takes place outside of the US, including where US citizens are involved, where payments are in US dollars and where companies are 'issuers' in US capital markets. This policy sets out the US Department of Justice's policy for giving significant discounts in penalty and circumstances in which authorities may not prosecute. Scroll down to view.
The United States (US) Department of Justice has an extensive track record of enforcing foreign bribery matters, including against companies that are not registered in the US. This site shows the Department of Justice's foreign bribery enforcement track record.
In 2019 the Serious Fraud Office in the United Kingdom (UK) entered into a deferred prosecution agreement with a small UK resources sector company concerning bribery in South Korea. The company was required to disgorge its profits from the bribery but did not receive a penalty because of its small size and the fact that it had thoroughly investigated and self-reported the issues.
A useful and simply laid out tool that offers suppliers guidance on developing a site-based grievance mechanism for their workers. This resource applies the United Nations Guiding Principles effectiveness criteria for grievance mechanisms to clearly illustrate good practice in implementing such mechanisms, that align with universally accepted standards. Although tailored to the retail industry, this resource is useful for other sectors with complex supply chains.
This case study of the AWB class action examines allegations that can be made when a company does not report suspected corruption. Bribery and corruption allegations can have serious consequences for companies, including fines, loss of business and reputation, loss of licenses and inability to recover payments. For listed companies, those potential consequences may be material enough to need to be reported to the ASX.
The United States (US) Securities Exchange Commission (SEC) is the regulator for companies that are listed in, or raise capital in, the US. It frequently brings enforcement action against companies for 'books and records' offences related to foreign bribery under the Foreign Corrupt Practices Act. This resource includes an annotated list of enforcement actions under this Act.
Part of a comprehensive toolbox on human rights duties developed for the Federal Institute of Sustainable Development (Belgium), this resource offers an accessible introduction to operational-level grievance mechanisms. Learn how such mechanisms can support your business to identify potential human rights risks and impacts stemming from your business operations. This resource includes extensive links to useful grievance frameworks and mechanisms. Published in English, French and Dutch.
This easy to read resource explains the importance of operational-level grievance mechanisms for businesses and offers good practice guidance on effective grievance management. While specific to the mining and metals sector, this guidance is applicable to other sectors. The use of case studies, a glossary and infographics makes this resource an excellent entry point to learning about effective operational-level grievance mechanisms.
This practical guide offers support to businesses in the resource development industry to design and implement site-level grievance mechanisms. It includes solutions to common challenges, including, building community awareness of and trust in site-level grievance mechanisms, creating organisational buy-in to make these mechanisms effective, and growing an internal culture to support the resolution of grievances.
This news story reports on the 2017 case where three individuals pleaded guilty and were convicted of conspiring to bribe an Iraqi foreign public official to secure infrastructure contracts for their construction company. One, a middleman who facilitated the bribe, was sentenced to four years’ imprisonment. The other two, directors of the company, were sentenced to imprisonment for three years and four months and fined A$250,000 each.
Suspected bribery of foreign public officials can be reported to the Australian Federal Police (AFP). This fact sheet tells you how. Companies that discover foreign bribery and do not report to the AFP may face increased liability for maintaining a corporate culture that tolerates bribery. Companies that report their own conduct can receive discounted penalties (and may not be prosecuted at all).
The United Kingdom's Serious Fraud Office provides an index of publicly listed enforcement actions, including matters related to foreign bribery. Access brief overviews of bribery-related cases that include the nature of the investigation, date of the investigation announcement, status of the case and associated case press releases. Cases are classified under criminal investigations, proceeds of crime, and deferred prosecution agreements.
As Australia's corporate, markets and financial services regulator, the Australian Securities and Investments Commission (ASIC) is cable of receiving reports of misconduct. This resource outlines how ASIC assesses reports of misconduct, what it does with such reports, how it communicates with a person who makes a misconduct report, and other issues including confidentiality and whistleblowing. It also includes a link on how to report misconduct to ASIC.
Geared towards the banking sector, this briefing paper offers guidance from global experts on how to develop effective grievance mechanisms. It proposes 10 straightforward recommendations, which can be applied to other sectors. This resource explains the United Nations Guiding Principles effectiveness criteria for grievance mechanisms and applies these to case studies. It offers justification for why SMEs in high risk jurisdictions and sectors would benefit from implementing an operational-level grievance mechanism.
Australia’s powerful confiscation laws ensure there can be no profit in bribery. Under the Proceeds of Crime Act, law enforcement agencies are equipped with a range of powers to trace, restrain and confiscate proceeds of crime against Commonwealth laws such as foreign bribery. Any asset can potentially be subject to confiscation if it is the ‘proceeds' or an 'instrument' of a Commonwealth offence.