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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 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.

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. 

Australian SMEs that take their business to the world need to be alive to bribery and corruption risks in the jurisdictions where they operate. The Australian Government can offer advice and assistance in situations where businesses encounter risks to their operations, employees and their reputations. Learn practical tips from Australian Government representatives on how to prevent, detect and address bribery in-country.

This guide from the Australian Federal Police sets out the importance of self-reporting and the practical steps for companies to self-report possible criminal conduct. It covers when to report, what information to include in the report, and the AFP's investigation process.

In this presentation from the Bribery Prevention Network, learn practical tips and experiences from a range of speakers exploring the challenges that SMEs face in embracing a speak-up culture and sharing practical guidance on how SMEs can effectively implement whistleblower mechanisms that employees aren't afraid to use.

This webinar recording offers guidance to SMEs on how to address supply chain risks to increase transparency (and promote responsible business practice/bribery prevention), and gain better access to trade finance. Experts in trade finance and compliance share practical measures that businesses can implement to protect themselves from bribery, corruption, and other risks, and resources to support this process.

The Bribery Prevention Network held a side event at the Africa Down Under Conference on critical legislative, judicial and policy updates in the anti-bribery and corruption space that will have implications for Australian businesses operating at home and in Africa. 

The session highlighted practical tools and resources for Australian business to prevent, detect and address bribery and corruption and promote a culture of compliance.

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.

This legislation proposes to strengthen Australia’s enforcement response to foreign bribery. It will introduce a new corporate offence for failure to prevent an associate (such as an employee, agent or subsidiary) from bribing a foreign public official and introduces a Commonwealth deferred prosecution agreement scheme for specified corporate offences related to bribery and other financial crimes.

Australian businesses operating overseas need to be aware of their obligations under Australian and foreign laws with respect to dealing with foreign public officials. Austrade has published an anti-bribery and corruption guide for Australian businesses operating overseas and information sheets that provide businesses with practical tips and risk assessment tools.

Identify red flags for bribery when dealing with business associates using the list of questions provided as part of Austrade’s anti-bribery materials. This resource will also support you to understand who is considered a business associate and how to manage any red flags and warning signs that are uncovered as part of your due diligence process. This resource forms part of Austrade’s suite of anti-bribery materials.

Filed under Red Flags Prevent

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This detailed instruction manual for investigating corruption allegations can guide you through the internal investigation process. It is designed for investigations in the public sector, but the same principles will apply for internal investigations of fraud or corruption issues in the private sector. The 'whistleblowing' section of this site provides up to date guidance on recent developments in obligations relating to whistleblowers.

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.

This resource offers a road map for better corporate practice on anti-corruption disclosures. It demonstrates the business case for advancing corporate governance and transparency. Direction is provided for disclosure across five high risk areas. It responds to some of the legal challenges that might inhibit a business from disclosing information.