Defences to charges of bribing a foreign official

  • There are defences to bribing foreign officials available in the Commonwealth Code. We are currently involved in two large cases relating to allegations of bribery of foreign officials. Our clients were seconded from the Government or working for Government related businesses at the time the allegations arose.If you want advice about defences to bribing foreign officials call us now on (03) 9670 5111.The defences to bribing foreign officials are available  to an individual or corporation :
    • If there is a written law in the country which requires or permits the provision of the benefit.
    • The payment made was a “facilitation payment.”

    Other defences to bribing foreign officials include:

    • Was there the requisite intention?
    • Was the person a foreign official?
    • Can the Prosecution actually prove what they allege?
      Remember that the Prosecution will come into the case with the mindset that something has been done wrongly. Often they struggle to accept that there may be an explanation consistent with innocence.
    • Was a third party acting as an agent on behalf of the company and that third party is responsible (if anyone) for any unlawful conduct?

    Often these matters are charges as conspiracies to bribe.

    • Can the Prosecution establish the conspiracy?
    • Does the evidence prove beyond reasonable doubt the involvement of the individual or company in the alleged bribery?

    Do you want more information about defences to bribing foreign officials? Read on:

    Or fill in the form to the right and we will call you back as soon as we can.