Foreign Bribery Update – April 2017

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 April 2017. These developments will impact on Australian businesses working offshore and reinforces the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your business.

Please insert this Update behind the Updates tab in your copy of the JWS Foreign Bribery Guide.

Important Developments

The key issues that are covered in this Update include:

• Australia – False accounting prosecutions arising out of AFP Leighton Holdings investigation
• Australia – ASIC’s penalty prosecutions against former senior AWB Ltd executives continue
• Australia – Proposed model for a Commonwealth Deferred Prosecution Agreement scheme
• Australia – Proposed amendments to the Commonwealth foreign bribery offence and introduction of new corporate offence of failing to prevent bribery
• Australia – Australian Parliamentary Committee review of whistleblower protection laws
• Australia – AFP foreign bribery initiatives
• Australia – Senate Report on penalties for white-collar crime and corporate and financial misconduct
• Australia – Progress of Commonwealth DPA scheme and updated CDPP Guidelines
• Australia – Corporate culture as an ongoing business challenge
• France – Sapin II Law – New anti-corruption, whistleblower and DPA laws
• South Korea – New Young Kim-ran laws target graft and corruption
• United Kingdom – Rolls-Royce DPA
• United Kingdom – New corporate criminal liability regime for serious financial crime
• United States – US DOJ FCPA Pilot Program continues
• United States – DOJ reviews of corporate compliance programs
• United States – Failure to comply with corporate policies may contravene FCPA accounting and internal controls provisions
• International Surveys – Bribery and corruption perceptions