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Are facilitation payments bribes?

Posted By David Jacobson On November 18, 2011 @ 6:24 am In Anti-money laundering,Business Planning,Compliance | Comments Disabled

The Minister for Home Affairs has released a public consultation paper [1] on possible changes to Australia’s anti‑foreign bribery laws [2].

The Criminal Code (Cth) provides an offence for bribing foreign public officials.

The facilitation payment defence provides a defence to the offence of foreign bribery if:

  • the value of the benefit was of a minor nature; and
  • the person’s conduct was engaged in for the sole or dominant purpose of expediting or securing the performance of a routine government action of a minor nature; and
  • as soon as practicable after the conduct occurred, the person made a record of the conduct.

The Government is reviewing:

•the treatment of ‘facilitation payments’ under Australian law
•the factors that influence whether a benefit is ‘legitimately due’ to the recipient
•the current requirement to identify a particular foreign public official in order to establish an offence, and
•the role of dishonesty in domestic corruption offences.


Article printed from Australian Regulatory Compliance Review from Langes+ Lawyers: http://www.langes.com.au/australian_regulatory_compliance

URL to article: http://www.langes.com.au/australian_regulatory_compliance/2011/11/18/are-facilitation-payments-bribes/

URLs in this post:

[1] public consultation paper: http://www.ag.gov.au/agd/WWW/rwpattach.nsf/VAP/(689F2CCBD6DC263C912FB74B15BE8285)~Public+consultation+paper+-+amendments+to+bribery+offences.pdf/$file/Public+consultation+paper+-+amendments+to+bribery+offences.pdf

[2] anti‑foreign bribery laws: http://www.ag.gov.au/foreignbribery

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