Commonwealth Director of Public Prosecutions

New best practice guideline for self-reporting foreign bribery

Date of Publication: 
21 December 2017

Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions (CDPP) have released a new joint guideline to assist corporations in self-reporting foreign bribery.

The AFP and CDPP Best Practice Guideline: Self-reporting of foreign bribery and related offending by corporations, provides a clear framework for self-reporting suspected incidents.  

This guideline clarifies the AFP and CDPP principles and process applied for self-reported foreign bribery activity and related offences of money laundering, false documents and false accounting.

AFP Manager Criminal Assets, Fraud and Anti-Corruption Commander Peter Crozier said the guideline would clarify expectations on corporations assisting in investigations.

“Investigations into foreign bribery and similar offences can be complex and protracted. That’s why we have consulted extensively with CDPP, business groups and the private sector to produce a framework that will clarify our processes and expectations during investigations,” Commander Crozier said.

“It’s pleasing to see that corporations are keen to introduce mechanisms to enhance cooperation with law enforcement. This guideline aims to help them model best practice in corporate governance and take action if they suspect a breach.”

The CDPP’s Acting Deputy Director of the Commercial, Financial and Corruption Group, Berdj Tchakerian said that the guideline also provides corporations and their advisors with important information about when a self-reporting corporation might be prosecuted.

“The Guideline operates within the framework of the Prosecution Policy of the Commonwealth and details key information on how the ‘public interest’ test may be applied in deciding whether to prosecute a self-reporting corporation” said Mr Tchakerian.

The release of this guideline, along with proposed legislative amendments introduced into the Parliament on 6 December 2017 which incorporate a new offence of failing to prevent foreign bribery, along with the introduction of Deferred Prosecution Agreements (DPAs), provide the AFP and CDPP with further tools to use in the detection, investigation and prosecution of foreign bribery and related offences.

The release of the guideline delivers on recommendations made by the Organisation for Economic Cooperation and Development (OECD) in its Phase 3 report into Australia’s implementation of the OECD Anti-Bribery Convention to develop a clear framework to address the nature and degree of cooperation of a corporation where foreign bribery or related activity is suspected to have taken place.  

Media enquiries:
AFP National Media: (02) 6131 6333
CDPP Media: (02) 6206 5708

This is a joint media release between the Australian Federal Police (AFP) and the Commonwealth Director of Public Prosecutions (CDPP).