Foreign bribery—2017 Submission to AGD
The ECA supports the policy objective of eliminating the incidence of bribery, and welcomes the Australian Government’s move to review the foreign
The ECA notes that foreign bribery can present disproportionately large challenges to SMEs. The consultation paper states that it can be difficult for the Australian Government to “obtain evidence about foreign laws and the duties of the official in the country where bribery allegedly took place”. Similarly, it is difficult for SMEs to find out what payments are legitimately due. SMEs can also be seen as soft targets by foreign officials seeking bribes, as the greater resources, market position and/or connections of larger corporations act as deterrents. Further, SMEs have fewer resources with which to monitor the actions of overseas staff and agents.
Overall, the ECA supports the intent of most of the amendments but urges caution in their drafting. The government should take care not to significantly shift the balance of the legislation to favour prosecutors over companies—and it should ensure it is not perceived to be doing so. The consequences of doing so will be to impose significant costs on companies that are not involved in foreign bribery.
The ECA does not support the absolute liability provision of s70.5A, which prescribes that a body corporate would be liable for bribery of its employers, contractors and agents (except where it can be established that the company had implemented a proper system of internal controls and compliance in place to prevent the bribery from occurring).
Leandra Coffey, Director, Fruity Sacks
Member of the ECA
“Our business is about making it easy for people to make environmentally friendly choices. We are looking to expand into new overseas markets and the ECA have been a huge help in this endeavour. The ECA have given us introductions to key businesses that can help us in the markets we are looking at, and their workshops and seminars on topics relevant to exporting were extremely useful. All up, our association with the ECA has been a great asset to Fruity Sacks.”Become a Member
Nuix is the 2015 Premier's NSW Exporter of the Year. As a technology company that protects, informs and empowers society. Nuix has more than 1,500 customers in over 60 countries, including all major global regulatory agencies, leading security and law enforcement agencies, all tier one advisory and litigation support vendors, and many of the world's leading financial institutions, corporations and government departments.