Bribery of Foreign Public Officials – The Criminal Code Act 1995 (COM)

Monash University has a zero tolerance for fraud and corruption.
Under the Bribery of Foreign Public Officials – The Criminal Code Act 1995 it is an offence to provide or offer to provide, a benefit of advantage to another person (not legitimately entitled to that other person) with the intention of influencing a foreign public official in the exercise of their duties in order to obtain or retain business advantage that is not legitimately due.
This law applies to all Australian Universities and their agents operating anywhere in the world. Individuals found guilty of this offence face large fines and prison sentences.
Monash University has a zero tolerance for fraud and corruption.
Under the Bribery of Foreign Public Officials – The Criminal Code Act 1995 it is an offence to provide or offer to provide, a benefit of advantage to another person (not legitimately entitled to that other person) with the intention of influencing a foreign public official in the exercise of their duties in order to obtain or retain business advantage that is not legitimately due.
This law applies to all Australian Universities and their agents operating anywhere in the world. Individuals found guilty of this offence face large fines and prison sentences.
Bribery Myths
1. Bribery is necessary to compete.
2. If you pay, the problem goes away.
3. If you don’t know about it, it’s not your problem.
4. An unsuccessful bribe is not a bribe at all.
5. Only big bribes matter.
6. It is not a bribe if it is a custom of the country.
7. If you don’t pay the bribe, it’s not a bribe.
Best practice and tips for compliance
1. Be alert to key risks and risk areas, and apply caution and care.
2. Ensure that contractual agreements detail the services and goods to be provided, along with the fees applicable to those services of goods.
3. Ensure sufficient due diligence is conducted when engaging the services of an intermediary.
4. Ensure fees are commercially proportionate to the benefit provided.
5. Ensure fees are for actual benefits provided, and not levied as a “cover” for a benefit/service never provided or due.
6. Be clear on who the contracting parties are (that is; could they be considered a “foreign public official”)
7. Apply best practice and always undertake business through legitimate channels.
8. Should an agent staff member be asked or pressured to offer a bribe to facilitate business overseas, the agent should respond that the University is not permitted to do this under Australian law.
If you are concerned that a benefit may be construed as a bribe or payment is truly a facilitation payment, consult with your Monash University Regional Manager.

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