Bribery of Foreign Officials

The OECD Anti-Bribery Convention establishes legally binding standards to criminalise bribery of foreign public officials in international business transactions and provides for a host of related measures that make this effective. It is the first and only international anti-corruption instrument focused on the ‘supply side’ of the bribery transaction. The 34 OECD member countries and seven non-member countries - Argentina, Brazil, Bulgaria, Colombia, Latvia, Russia, and South Africa - have adopted this Convention (Entry into force  and OECD Anti-Bribery Convention: Status of Ratification).

The Australian Attorney-General's Department has produced an on-line learning module for individuals and corporations with exposure to dealing with foreign government officials.

According to s 12.2 of the Criminal Code, where intention is a fault element it must also be attributed to a body corporate that expressly, tacitly or impliedly authorised or permitted the commission of the offence. Thus s 12.2 extends the common law position.

It provides for the attribution of liability to a company and its senior executives, where it is proved that a corporate culture existed that directed, encouraged, tolerated or led to non-compliance with the relevant provision. Alternatively, liability is imposed where the body corporate failed to create and maintain a corporate culture that required the necessary compliance.

Consequently, corporations will almost inevitably have to change their practices in order to satisfy the requirements of the Criminal Code by making adequate efforts to instil a compliance culture which does not condone or tolerate irregular payments to officials.

Diaspora Legal can tailor corporate specific training aimed at addressing corporate culture requirements which provide a level of defensive protection for corporations and executives indirectly exposed.