Module Application
The ANTI-BRIBERY and CORRUPTION module can assist any organisation to establish documented practices that will satisfy all legal liabilities and ensure its business dealings are free of corrupt conduct.
Does your organisation give or receive corporate gifts, facilitation payments, complimentary hospitality, political donations, charitable donations or bonuses of any kind?
Does your organisation entrust individual representatives with the power and resources they would require to engage in corrupt conduct?
Does your organisation conduct business in countries where bribery and corruption are endemic?
If so, then the ANTI-BRIBERY and CORRUPTION module contains recommendations that will protect your organisation from harm and your officers from prosecution.
Module Scope
The ANTI-BRIBERY and CORRUPTION module is divided into 10 topics designed to guide organisations through the creation of effective anti-corruption measures and inform them of their obligations and liabilities.
The 10 topics are:
- Risk Identification
- Duties of Directors
- Guidelines and Policies
- Bribery and Corruption in Relation to Public Officials
- Private Sector Bribery and Corruption
- Record-keeping and Financial Reporting
- Anti-bribery and Corruption Education and Training
- Maintaining Central Registers
- Investigation and Enforcement
- Application of Anti-bribery and Corruption Laws of Foreign Jurisdictions
The module covers legal requirements created by New Zealand legislation including:
- Companies Act 1993 (NZ)
- Contract and Commercial Law Act 2017 (NZ)
- Crimes Act 1961 (NZ)
- Electoral Act 1993 (NZ)
- Financial Markets Conduct Act 2013 (NZ)
- Financial Reporting Act 2013 (NZ)
- Mutual Assistance in Criminal Matters Act 1992 (NZ)
- Protected Disclosures Act 2000 (NZ)
- Secret Commissions Act 1910 (NZ)
- Serious Fraud Office Act 1990 (NZ)
The module also explains the enforcement functions of local and significant international anti-corruption authorities including:
- The Companies Office (NZ)
- The Financial Markets Authority (NZ)
- The Serious Fraud Office (UK)
- The Department of Justice (USA)
- The State Securities and Exchange Commission (USA)
The ANTI-BRIBERY and CORRUPTION module does not cover the rights of individuals who have been affected by bribery or corruption in New Zealand or overseas nor the avenues of recourse available to affected individuals.