It says cases may have been closed prematurely and urges Australia to “vigorously pursue foreign bribery allegations”.
The Group’s report examined Australia’s implementation of the Convention of Combating Bribery of Foreign Public Officials in International Business Transactions and related instruments.
It says it 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.
It says recent initiatives indicate that the foreign bribery offence is becoming a priority for the Australian government.
Australia’s first national anti-corruption plan is scheduled for adoption in December and 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.
As with other Working Group members, Australia will submit a written report to the Working Group within two years on steps it has taken to implement the new recommendations.
This report will also be made publicly available.
DD
