Doing business abroad often requires the payment of minor sums to secure the provision of routine government services. Such payments are not meant to render Australian businesses liable under the provisions that make bribery of foreign public officials a crime in Australia. However under the present legislation the availability of this defence is often uncertain. This article argues it is time to revisit the language of the defence and for the government to offer some simple services that would assist Australian businesses operating abroad.
Banking and Finance | Criminal Law | Criminal Procedure
Date of this Version
Ross P. Buckley and Mark Danielson, "Facilitation Payments in International Business: A Proposal to make Section 70.4 of the Criminal Code Workable" (March 2008). University of New South Wales Faculty of Law Research Series 2008. Working Paper 2.