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ARTICLE · 15 APRIL 2013

Foreign bribery: risks for Australian businesses operating overseas

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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The OECD has released its report on Australia's implementation of the OECD Anti-Bribery Convention.

AustraliaCriminal Law
Howard Rapke
Howard Rapke
Alana Giles
Alana Giles
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The Organisation for Economic Co-operation and Development (OECD) released its report on the implementation of the OECD Anti-Bribery Convention in Australia in October 2012 (Report). Whilst the Report was critical of Australia's enforcement action with respect to foreign bribery offences to date, it made a number of recommendations which we expect will be largely adopted by regulators in the coming months and may result in more Australian companies being scrutinised in respect of their business conduct overseas. It is also expected that the Australian Government will adopt a National Anti-Corruption Plan in the near future.

The offence of bribing a foreign public official is set out in section 70.2 of the Criminal Code Act 1995 (Cth) (Criminal Code). A person is guilty of the offence if:

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