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.
This resource provides interactive guidance on anti-bribery and corruption good practice for companies operating in the United Kingdom and overseas. It includes practical guidance on conducting risk assessment and third party due diligence, implementing ABC training and identifying high risk areas. It also provides country-by-country summaries of anti-bribery laws to assist companies operating abroad.
Understand regulatory expectations, seek to comply with legal obligations and manage whistleblowing in accordance with the Corporations Act 2001 using this guide on whistleblowing policies. The guide offers background context to whistleblowing policies. It also provides detailed steps, examples and good practice tips on how to establish, implement and maintain a whistleblower policy.
Practical guidance in the form of seven considerations is provided to support business to establish and implement internal whistleblowing programs as part of their efforts to tackle corruption. The document includes a summary of the international corruption landscape and a selected overview of national and international whistleblowing laws and conventions.
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).
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.
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.
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.
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.
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.
A 30-minute training module that provides good practice anti-bribery training for companies facing requests for bribes. A useful benchmark to assess training programs against. Offers headline points on the potential damage of bribes and some prevention steps. The tool includes a trainer’s handbook with PowerPoint slides.
A practical corruption glossary that provides definitions with animated images. Useful as a training tool to help staff develop their understanding of corruption terminology, including terms such as 'facilitation payments'. Each term includes a paragraph defining the phrase, as well as a description of why it matters.
This website provides a diverse range of resources to assist Hong Kong businesses to prevent bribery and corruption. The website contains links to practical guides, tools, best practice checklists and training and includes sector and industry-specific information. This website is available in English, Cantonese and Mandarin.
Seek to understand key anti-bribery and corruption laws in China with this online resource. A range of topics relevant to the enforcement of bribery and corruption laws in China are covered including key legislation, offences, penalties and enforcement agencies. This resource also provides information about corporate liability for the acts of intermediaries and the liability of individuals.
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.