Resource Type: Web
Remuneration and promotion structures are one of the most powerful ways that companies communicate their values and priorities to staff. Section nine of the Austrade publication "Anti-bribery and Corruption (ABC): A guide for Australians doing business overseas" gives a simple overview of how compliance, risk management and ethical behavior can be reinforced through incentive structures (and how the wrong behaviors can also be reinforced). This resource is part of Austrade’s “Guide to exporting”.
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.
Authorities in the United Kingdom (UK) can investigate and prosecute foreign bribery that took place outside of the UK. This includes where UK citizens are involved, if some of the conduct occurred in the UK or for foreign companies that 'carry out business or part of a business', or are listed in the UK. This portal puts you in touch with the correct authorities in the UK if you wish to report foreign bribery. An A-Z of company cases is included.
Under the Government’s proposed deferred prosecution agreement (DPA) scheme, companies that cooperate with authorities can be invited to enter a DPA for foreign bribery and related offences. If a company complies with the DPA, it will not be convicted. This draft code of practice sets out the expectations of authorities for companies that wish to enter a DPA.
CDPP and AFP Best Practice Guideline on self-reporting foreign bribery and related offending by corporations
by Australian Federal Police Commonwealth Department of Public Prosecutions
Self-reporting is a significant first step in addressing suspected foreign bribery. This Guideline is designed to provide companies with information about how self-reporting will be taken into account by the CDPP when determining whether or not to commence a prosecution, and highlights the reasons why a company may choose to self-report including to comply with directors’ duties and limit liability. Information about early guilty pleas is also provided.
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).