Nyman Gibson Miralis on 15th April published an article concerned with possible defences to a proposed new corporate offence of ‘failing to prevent bribery of a foreign public official’ which makes corporations liable for the actions of their associates. It says that decisions in the UK and US have considered what constitutes ‘adequate procedures’ to prevent the commission of a bribery offence, and these cases provide useful guidance within the Australian context, together with guidance materials from the International Standards Organisation. The article details the factors that have been identified. It also links to a factsheet from the Australian Trade and Investment Commission (Austrade) on “failure to prevent” bribery offences ands the meaning of “adequate procedures” for a defence. The factsheet also refers to the UK Bribery Act, and and US cases involving bribery, and the guidance issued by both and case law.
https://ngm.com.au/foreign-bribery-adequate-procedures/
The factsheet is available at –
https://www.austrade.gov.au/ArticleDocuments/1358/Austrade%20-%20Resource%20Sheet%20-%20Anti-Bribery%20-Austrade%20guide%20to%20the%20meaning%20….pdf.aspx