From Policy to Practice: Developing Robust Anti-Bribery Defence Measures against Australia’s Foreign Bribery Offences
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Partner
Australia
I am an experienced litigation and investigations lawyer based in Sydney, leading Bird & Bird's Australian disputes and investigations practice and co-leading our global Defence and Security practice.
Senior Associate
Australia
I am a senior associate in our Dispute Resolution Group in Sydney. My practice focuses on assisting clients to resolve commercial disputes, particularly for those clients in the technology sector.
Senior Associate
Australia
I am a senior associate in the Dispute Resolution team in Sydney. I provide succinct, solutions orientated advice to help our clients solve complex problems, mitigate future risks and develop strategies to simplify their decision-making process.
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Our team earlier this year published an article on the new offence of failing to prevent foreign bribery and the corporate defence to the offence if a company can show it had ‘adequate procedures’ in place to prevent the commission of foreign bribery by its associates.
The Department of Attorney-General (DAG) has recently published final guidance on what steps corporations can to ensure it has ‘adequate procedures’ in place. The guidance notes that what constitutes “adequate procedures” will be determined on a case-by-case basis.
Effective compliance program
The DAG sets out the following six key principles that companies should be mindful of when developing and implementing effective anti-bribery compliance programs.
1. Fostering a control environment to prevent foreign bribery
The DAG emphasises that the controls a company implements to prevent foreign bribery should be proportionate…
