A discussion paper assessing aspects of Australia’s foreign bribery laws was launched on 15 November 2011.

Bribery of foreign public officials is a crime

Corruption is a serious global problem. Too often corruption is described as ‘white collar crime’ or ‘the cost of doing business’, which masks the devastating impact corruption has on real people and their families. It affects everything from employment opportunities to access to vital medical supplies. Moreover, the destabilising effect corruption has on a developing economy does not stop at national borders but instead spreads within the region and beyond. For these reasons, the Australian Government is proud to be taking a leadership role within the region to combat corruption, including through the Australian aid program.

Our commitment to fighting corruption also has a strong domestic focus. Over the last decade, the Australian Government has ratified the key international instruments relating to corruption: the United Nations Convention against Corruption, the United Nations Convention against Transnational Organized Crime and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention). Our domestic laws meet our obligations under these treaties and target corruption here and overseas. Bribery of a public foreign official is a serious criminal offence that carries heavy penalties.

Raising the level of awareness about corrupt practices and their effects – including foreign bribery – is a critical element in the fight against corruption. The Australian Government believes that its awareness raising initiatives, together with strong legislative measures, will have long term benefits for all Australians and our economy.

The information comprising the Australian Government’s Foreign Bribery Information and Awareness Pack, provides key information on the offence of bribing a foreign public official. This Information and Awareness Pack is of particular use to all Australians who encounter foreign public officials, whether it is in the course of business or simply as a result of travelling overseas.

The OECD Working Group on Bribery, which monitors implementation of the OECD Anti-Bribery Convention, also provides comprehensive information about global anti-corruption initiatives. People seeking to obtain more information about OECD anti-corruption initiatives, including joint efforts by the OECD, Australia and other countries, should visit the OECD Working Group page (OECD website).

Information about United Nations anti-corruption activities can be found on the UN website.

Assessing the ‘facilitation payments’ defence to the Foreign Bribery offence and other measures

On 15 November 2011, the Minister for Home Affairs launched a public consultation paper to seek interested stakeholder views on possible changes to Australia’s anti‑foreign bribery laws.

The Australian Government is committed to stamping out corruption and has a comprehensive anti-corruption system for the public and private sectors.

Even though Australia has an admirable anti-corruption record, it is important to consider possible additional measures, including assessing Australia’s anti‑bribery laws.

Consultation paper

The Government is examining Australia’s anti-bribery legislation, in accordance with Australia’s commitment to combating corruption at home and abroad and our international obligations.

In particular, the Government is reviewing:

the treatment of ‘facilitation payments’ under Australian law
the factors that influence whether a benefit is ‘legitimately due’ to the recipient
the current requirement to identify a particular foreign public official in order to establish an offence, and
the role of dishonesty in domestic corruption offences.

Submissions are being accepted until 15 December 2011 on the issues raised in the consultation paper.

Submissions should be sent to:

Director
Financial Crime Section, Criminal Justice Division
Attorney-General's Department
3 – 5 National Circuit
Barton ACT 2600
Australia

or by email to <foreign.bribery@ag.gov.au>.

Arrangements for providing verbal submissions can be made by contacting the Department using the details above or by telephoning +61 2 6141 2812.