The Guardian Australia

Australia ignored OECD over failure to punish foreign bribery, report finds

- Christophe­r Knaus

Australia has taken “no steps” to act on OECD warnings about its failure to properly enforce and adequately punish the bribing of foreign officials, a new report says.

A Transparen­cy Internatio­nal report on foreign bribery released on Tuesday found Australia’s enforcemen­t system “remain inadequate and prosecutio­ns remain low”, despite prior concerns expressed by the OECD.

The report found that Australia commenced 14 foreign bribery investigat­ions in the three years from 2016 to 2019, initiated three court cases and concluded another three.

The cases taken to court included the prosecutio­n of foreign aid contractor Sinclair Knight Merz, a nowmerged company which is fighting allegation­s it paid a series of bribes to secure work across south-east Asia.

Guardian Australia has previously revealed that Sinclair Knight Merz continued to win contracts with the Australian government even after officials learned of serious allegation­s about the firm’s conduct in south-east Asia.

The case raised broader questions about the government’s efforts to tackle foreign bribery by Australian firms operating in developing nations.

Late last year, the OECD expressed similar concerns about the continued low level of foreign bribery enforcemen­t and found the sanctions imposed in the small number of cases taken to court were “remarkably low”.

The OECD raised serious doubts as to whether Australia’s enforcemen­t regime provided a sufficient deterrent.

In its report on Tuesday, Transparen­cy Internatio­nal said “no steps have been taken to address the OECD [Working Group on Bribery’s] criticisms”.

The OECD also criticised legal barriers in Australia that stymied internatio­nal cooperatio­n on foreign bribery and the lack of formal guidance to government agencies on banning companies from government work if they were found to have bribed foreign officials.

Transparen­cy Internatio­nal said no action had been taken to address those concerns either.

The global corruption watchdog said the punishment­s for foreign bribery remained remarkably low and that Australia was yet to establish a central register of beneficial ownership – a key transparen­cy measure in addressing corporate criminalit­y.

“There are no central registers of beneficial ownership of companies or trusts in place, despite a previous Australian government commitment to introduce one,” the report said.

Earlier this year, the Senate’s legal and constituti­onal affairs committee recommende­d changes to improve the tools available to law enforcemen­t and prosecutor­s, including to simplify the threshold for proving a foreign bribery offence and introducin­g a new offence of failing to prevent foreign bribery by an associate. The Australian federal police has also received additional funding to combat foreign bribery.

Transparen­cy Internatio­nal Australia chief executive Serena Lillywhite said it was clear the nation’s laws were not adequate in stopping foreign bribery.

‘Tackling foreign bribery is hard work and made harder by weak laws that have not kept pace with the scale and complexity of the problem,” she said.

The report recommends Australia begin publishing statistics on foreign

bribery investigat­ions and case outcomes, set up beneficial ownership registers, pass legislatio­n simplifyin­g the offence of foreign bribery, and introduce a debarment regime to ban companies from Australian government contracts if they are found to have bribed foreign officials.

The OECD’s latest follow-up report on Australia’s foreign bribery efforts found it had fully implemente­d six recommenda­tions, partially implemente­d three recommenda­tions, and failed to implement four recommenda­tions.

It noted Australia’s efforts to improve the detection of foreign bribery, including through the introducti­on of new private sector whistleblo­wer laws.

It also praised increased resourcing for foreign bribery investigat­ions.

“On the other hand, the working group is concerned about the continued low level of foreign bribery enforcemen­t in Australia given the size of Australia’s economy and the highrisk regions and sectors in which its companies operate,” the report said. “In total, since the entry into force of Australia’s foreign bribery legislatio­n 20 years ago, two corporate entities and six individual­s have been sanctioned in two cases.”

 ??  ?? The Australian federal police has received additional funding to combat foreign bribery. The OECD has expressed ongoing concern about Australia’s continued low level of foreign bribery enforcemen­t. Photograph: Scott Barbour/Getty Images
The Australian federal police has received additional funding to combat foreign bribery. The OECD has expressed ongoing concern about Australia’s continued low level of foreign bribery enforcemen­t. Photograph: Scott Barbour/Getty Images

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