Part of Austrade’s “Guide to exporting”, this comprehensive resource offers headline points that all Australian businesses must be aware of when seeking to prevent corruption in their overseas operations. It links to a detailed guide with 12-steps to an effective anti-bribery and corruption program, and provides country-specific information.
This comprehensive guidance document provides a detailed analysis of the United States Foreign Corrupt Practices Act (FCPA) and its enforcement. Topics include who and what is covered by the FCPA, the jurisdictional reach of the FCPA, relevant definitions and features of effective compliance programs. The guidance also contains hypotheticals, examples of enforcement actions and summaries of applicable case law.
This resource explains the role of an internal audit in an effective anti-bribery and corruption program. It provides specific guidance – including sample audit procedures and sample questions – for assessing the effectiveness of an organisation’s system of internal controls to prevent bribery and corruption. Risk types and common red flags are identified, and audit activities are suggested.
This resource is used by prosecutors at the United States Department of Justice to assist their evaluation of the effectiveness of a corporation’s compliance program. The sample topics and questions contained in the resource may also assist businesses to self-assess their own compliance programs and ensure their programs are well-designed, adequately resourced, empowered to function effectively and work in practice.
Understand what red flags for bribery can look like with this list of warning signs provided as part of the “Guide to Combating Corruption and Fraud in Development Projects”. The list includes specific actions and signs that can indicate an increased risk of bribes or kickbacks occurring.
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.
To carry out effective risk assessments, Australian businesses operating overseas should be aware of the bribery and corruption risks in the country in which they operate. Designed for Australian exporters, this resource provides risk profiles for 50 countries, including the corruption rating, sectors where corruption may occur, and applicable laws and regulatory bodies. This resource is provided as part of Austrade's suite of anti-bribery materials.
The Australian Government is proposing reforms that will require companies to implement and maintain adequate procedures to prevent an associate (such as an employee, agent or subsidiary) from bribing foreign public officials. This draft principles-based guidance sets out the types of measures companies should consider implementing and includes case studies to demonstrate how these measures could be applied in practice.
Prevent and address bribery and corruption risks with this practical training tool designed to raise employee awareness and capacity on this topic. The RESIST tool uses 22 scenarios, including a description of the possible situation, preventative steps and actions to address instances of bribery. The tool also includes good practice recommendations that can apply to many situations.
Create cost-effective due diligence procedures that help to minimise corruption risks and adhere to international anti-corruption standards. This guidance is targeted at small and medium enterprises (SMEs) and recognises the unique challenges SMEs face. It gives a detailed overview of how and when to undertake due diligence, including practical advice. Sample due diligence tools and templates are provided.
Download and print foreign bribery resources including a brochure and poster outlining key information about the foreign bribery offence and how to report suspected foreign bribery to the AFP. These resources are designed to be printed and made available to employees and contractors who require easy to understand information about foreign bribery.
Companies that have paid bribes can try to undo some of the harm through reparations. Enforcement agencies might also compel reparations to be made. This article outlines some of the forms that reparations can take and provides case studies from past enforcement actions.
Detect bribery and corruption by leveraging technology based strategies such as data analytics. This resource unpacks how a data analytics strategy can help ensure effective and efficient compliance programs by automating compliance testing and going beyond manual reviews. The guidance is supported by tips, practical advice and case studies.
This fourth edition of the Corporate Governance Principles and Recommendations sets out recommended corporate governance practices that promote good governance outcomes and includes suggested content for an anti-bribery and corruption policy. Conformity with the recommendations will help address issues around culture, values and trust and support ASX listed entities and other businesses to engage in ethical and responsible business conduct that meet community standards and expectations.
This resource offers an introductory summary of corporate sector whistleblower protection requirements under the Corporations Act 2001. It includes links to further guidance for companies on handling whistleblower disclosures and creating whistleblowing policies. This guidance can be used by companies even if they are not required to have a whistleblower policy under the law.