THE OECD Working Group on Bribery has found that Australia has firmed up its enforcement of foreign bribery since 2012. It has reported seven convictions in two cases and 19 ongoing probes. However, in view of the level of exports and outward investment by Australian companies in jurisdictions and sectors at high risk for corruption, Australia must continue to increase its level of enforcement.

The Working Group completed its Phase 4 evaluation on Australia’s implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments. In addition to highlighting recent reforms to the Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions (CDPP) to increase foreign bribery enforcement, the report identifies several other achievements and good practices, including strengthened whistle-blower protections in the public sector, amendments to the foreign bribery offence to address previously identified weaknesses, and the creation of new false accounting offences in the Criminal Code. In 2017, Australia also established the Fintel Alliance - a public-private partnership to enhance the fight against money laundering, terrorist financing, and organised crime. Australian agencies make extensive use of AFP liaison officers around the globe to support foreign bribery investigations.

The report further makes a number of recommendations to Australia aimed at strengthening its foreign bribery enforcement. Key recommendations highlight the need for Australia to:

++ Address the risk that the Australian real-estate sector could be used to launder the proceeds of foreign bribery;

++ Ensure that Australian authorities have adequate resources to effectively enforce the foreign bribery offence;

++ Proactively pursue criminal charges against companies for foreign bribery; and

++ Enhance its whistle-blower protections in the private sector.