In the context of the announcement of the Minister for Home Affairs, the Hon Brendan O'Connor, on 22 September 2011 of the development and implementation of Australia's first National Anti-Corruption Plan, International Anti-Corruption Day on 9 December provides a valuable opportunity for Australian posts, in partnership with Australian industry bodies, to raise awareness among Australian businesses of the law and principles that apply to their overseas activities.
2. The objective of these activities would be to increase awareness and understanding among Australian businesses of Australian, local and international legal frameworks (including the UK Foreign Bribery Act and the US Foreign Corrupt Practices Act) and anti-corruption principles (OECD Guidelines and APEC Code of Conduct) that apply to their activities overseas. Australian businesses may increasingly be subjected to UK, US and other nations' anti-bribery laws, when operating in any country overseas, where a jurisdictional link is established (eg where an Australian company has a US or UK registered operation/subsidiary, a sufficient link may be established to apply US or UK anti-bribery legislation to their activities). It is important for the Australian Government to assist Australian businesses to understand the increasing level of legislative oversight of their overseas business activities as part of the global push to combat bribery and corruption.
3. The Anti-Bribery Pack, including fact sheets, posters and brochures, produced by the Attorney-General's Department (AGD) is available at the following link: http://www.dfat.gov.au/globalissues/measures-against-corruption.html#anti-corruption.
4. I draw attention to the Australian Government's discussion paper on amendments to Australia's anti-bribery laws. The discussion paper is due to be released on 15 November 2011 by Minister O'Connor. The key amendment to the legislation will be the removal of the facilitation payment defence, bringing Australia's anti-bribery laws in line with that of the US and the UK. Australian businesses will be invited to engage in the consultation process which will run from 15 November to 15 December 2011.