THE OECD Working Group has expressed disappointment over
Australia's poor enforcement of foreign bribery laws. It has noted that it has
been extremely low, with just a single case leading to prosecutions out of 28
referrals in 13 years. Cases may have been closed prematurely. Australia must
vigorously pursue foreign bribery allegations.
The
OECD Working Group on Bribery has just completed its report on Australia’s
implementation of the Convention of Combating Bribery of Foreign Public
Officials in International Business Transactions and related instruments
(attached).
The
Working Group will follow up Australia’s recent efforts to improve its
enforcement record. The Group made further recommendations to improve
Australia’s fight against foreign bribery, including:
+
Take sufficient steps to ensure that cases are not prematurely
closed;
+
Gather foreign bribery allegations proactively and from diverse
sources;
+
Ensure that corporations cannot avoid criminal liability in practice;
+
Improve co-ordination and case referral among Commonwealth and State
authorities;
+ Tap
into the Australian Securities and Investments Commission’s expertise in
fighting corporate crime;
+
Vigorously pursue false accounting cases.
The
report also highlighted positive aspects of Australia’s efforts to fight foreign
bribery. Recent initiatives indicate that the foreign bribery offence is
becoming a priority for the Australian government. Australia’s first national
anti-corruption plan is expected to be adopted in December 2012. An Experts
Panel has been established to advise the Australian Federal Police’s foreign
bribery investigation teams. The maximum fine against companies for foreign
bribery was substantially increased in 2010. Guidance has been amended to
clarify that the facilitation payment defence is restricted to payments of a
minor value, and to eliminate certain examples that had caused
concerns.
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