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Law Council of Australia

Business Law Section

Draft guidance on adequate procedures to prevent the commission of foreign bribery

This submission concerning Draft guidance on adequate procedures to prevent the commission of foreign bribery (Draft Guidance) is made by the Foreign Corrupt Practices Committee (the Committee) of the Business Law Section of the Law Council of Australia.

The Committee welcomes the release of the Draft Guidance. The Committee endorses the content and scope of the Draft Guidance. In particular:

Read the full submission below.


1 Ministry of Justice, “The Bribery Act 2010: Guidance about procedures which relevant commercial organisations can put in place to prevent persons associated with them from bribing (section 9 of the Bribery Act 2010)”, March 2011 (UK Guidance).
2 “FCPA: A resource guide to the US Foreign Corrupt Practices Act”, second edition by the Criminal Division of the US Department of Justice and the Enforcement Division of the US Securities and Exchange Commission, July 2020 (US Guidance).
3 Including Transparency International, and also noting the important role that is and should continue to be played by Austrade in the Australian context.

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