There is increasing global enforcement of anti-bribery and corruption laws and the consequences imposed can be severe, including significant penalties and reputational damage. Businesses can be liable for the actions of their employees and agents under Australian and foreign laws including under the laws of third party countries. This collection of resources includes Australian and foreign cases that have involved civil and criminal foreign bribery enforcement action against companies and senior corporate office holders. Comprehensive lists of enforcement actions by the United Kingdom’s Serious Fraud Office and under the US Foreign Corruption Practices Act, are included. These cases highlight the serious consequences that can result when businesses do not take active steps to prevent foreign bribery.
Category: Offences & Enforcement
Foreign bribery is a serious offence attracting significant penalties. Under section 70.2 of the Criminal Code, individuals face a fine of up to AUD$2.2 million and 10 years imprisonment for the bribery of foreign public officials. Companies face even larger fines including up to 10% of their annual turnover. There are also offences for related misconduct, such as false accounting and money laundering.
In 2011, two subsidiaries of the Reserve Bank of Australia plead guilty to charges of bribing foreign officials in relation to a Malaysian bank during the period of 1999-2004 and were fined over A$22 million. Four employees, including the CEO and CFO of Securency, pleaded guilty to charges of conspiring to bribe and/or false accounting, each receiving between 6-24 months imprisonment.
Exporters need to be aware of the risks of bribery and corruption in international transactions and requirements to comply with laws in multiple jurisdictions. Bribery committed outside Australia can be captured under Australian laws and have serious consequences. Export Finance Australia provides useful links to assist exporters in understanding their obligations to comply with relevant laws against bribery and corruption.
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.
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.
United States Department of Justice chronological list of enforcement action
by Department of Justice (US)
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.