Preventing corruption – broadly understood as abuse of power for private gain – is an overarching concern across multiple areas of public administration. International and domestic standards provide for governance measures aimed to prevent corruption and create a range of criminal offences that can be used to prosecute it.

This course studies the evolution, content and implementation of these standards from an Australian perspective, with a focus on the challenges presented by confronting corruption in the Asia-Pacific region. It puts them in a broader international context through an examination of anti-corruption laws and enforcement regimes in Australia, the United States and the United Kingdom.

The course studies the implications of corruption and anti-corruption measures for public policy and corporate compliance, especially in the context of international business. A variety of approaches to tackling corruption are considered. This includes both preventive measures, such as governance standards in the public and private sector, and enforcement measures, such as the criminalisation of corruption, anti-money laundering measures, the recovery of the proceeds of corruption and the use of targeted sanctions.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Assess existing approaches to defining and measuring corruption
2. Reflect critically on the role and limitations of criminal law in combatting corruption
3. Critically analyse the role of various non-criminal means of addressing corruption, including anti-money laundering regulation
4. Research and explore the tensions between anti-corruption measures and other public policy objectives, including human rights protection
5. Evaluate the domestic implementation of key international standards

Recommended Resources

There is no required reading for this course, but many of the issues it covers are addressed in Gerry Ferguson, Global Corruption: Law, Theory and Practice (2019), <https://open.umn.edu/opentextbooks/textbooks/837>. You are encouraged to look it up as appropriate.

An accessible overview of some the key themes of this course can also be found in JC Sharman, The Despot’s Guide to Wealth Management: On the International Campaign against Grand Corruption (Cornell University Press, 2017).

Most of the recommended reading for each of the classes is provided on Wattle. Make sure to refer to the complete reading guide for references to materials that could not be uploaded on Wattle (e.g. book chapters).

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Class 1 - Defining Corruption 10.00-10.30 Introduction to the course. 10.30-11.00 Criminal and other definitions of corruption. Legal and ethical definitions of corruption. Public- and private-sector corruption. Legalised corruption. 11.00-11.15 Break. 11.15-12.00 Group discussion of case studies
2	Class 2 - Measurements of corruption and its harms 10.00-10.30 Petty corruption and grand corruption (with case studies). Cultural relativism critiques of anticorruption. 10.30-11.00 Group discussion. 11.00-11.15 Break. 11.15-12.00 Measurements of corruption, including the Corruptions Perception Index.
3	Class 3 - Foreign bribery laws 10.00-11.00 History of foreign bribery legislation. US FCPA 1977. OECD Anti-Bribery Convention. UK Bribery Act 2010. OECD peer-review mechanism. ‘Sanctioning effect’ of foreign bribery laws. 11.00-11.15 Break. 11.15-12.00 Australian foreign bribery legislation and enforcement.
4	Class 4 - International anti-corruption treaties 10.00-11.00 History of UNCAC. Mandatory and non-mandatory criminalisation provisions. Asset recovery provisions. 11.00-11.15 Break. 11.15-12.00 Regional anti-corruption treaties.
5	Class 5 - Anti-money laundering rules (1) 10.00-10.15 The concept of money laundering and its relevance to corruption. The distinction between money laundering and terrorist financing. 10.15-11.00 The history of the FATF Recommendations and other AML/CTF measures. Preventive and enforcement components of the AML/CTF regime. 11.00-11.15 Break. 11.15-12.00 Case studies. Obligations of financial and nonfinancial businesses (CDD, EDD, suspicious matter reporting).
6	Class 6 - Anti-money laundering rules (2) 10.00-11.00 Discussion of case studies. 11.00-11.15 Break. 11.15-12.00 Suspicious matter reporting and cross-border transfer reporting
7	Class 7 - Australian corruption law 10.00-10.30 Domestic bribery and corruption provisions. Foreign bribery provisions. 10.30-11.00 The regulation of lobbying. AML/CTF regulation and supervision. 11.00-11.15 Break. 11.15-12.00 International cooperation. Australia’s regional anti-corruption engagement
8	Class 8 - Recovery of the proceeds of corruption 10.00-11.00 Options for asset recovery (criminal; civil; in victim/holding country). UNCAC asset recovery provisions. Asset recovery sharing agreements. 11.00-11.15 Break. 11.15-12.00 Case studies of BOTA Foundation; UK’s return of assets to Pakistan.
9	Class 9 - Corruption and extraterritorial law enforcement 10.00-10.15 Prosecuting bribe-takers under foreign bribery laws. 10.15-11.00 Money laundering prosecutions (with case studies). 11.00-11.15 Break. 11.15-12.00 Case study of Teodoro Obiang’s prosecution in France. International law rules on criminal jurisdiction. International law of state immunity.
10	Class 10 - Dealing with unexplained wealth 10.00-10.30 Illicit enrichment offence: constitutional and human rights issues 10.30-11.00 Concept of non-conviction based asset forfeiture and the role of unexplained wealth orders. 11.00-11.15 Break. 11.15-12.00 Unexplained wealth orders: Australian, Irish and UK experience.
11	Class 11 - Corruption and targeted sanctions (1) 10.00-11.00 Comprehensive and targeted economic sanctions. US targeted sanctions programmes: GMA 2016, Magnitsky Act 2012, s 7031(c) and Presidential Proclamation 7750. 11.00-11.15 Break. 11.15-11.30 Judicial challenges to US targeted sanctions. 11.30-12.00 Group discussion.
12	Class 12 - Corruption and targeted sanctions (2) 10.00-11.00 Australian targeted sanctions regime. UK targeted sanctions regime. EU targeted sanctions regime and misappropriation sanctions. 11.00-11.15 Break. 11.15-12.00 Group discussion of Australian sanctions.
13	Class 13 - Corporate enforcement 10.00-10.30 ‘Too big to jail’ problem. What is the point of corporate criminal liability? 10.30-11.00 Airbus case study. 11.00-11.15 Break. 11.15-12.00 Australian Law Commission’s review of corporate criminal liability. Modes of corporate criminal liability, including failure to prevent offences.
14	Class 14 - Grand corruption and kleptocracy 10.00-11.00 Concepts: grand corruption, kleptocracy and state capture. Existing legal tools: criminal prosecution, criminal confiscation, NCBAF, targeted sanctions. Proposals: universal jurisdiction, international anticorruption court. 11.00-11.15 Break. 11.15-12.00 Concluding group discussion.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Blog post 1	15 %	15/10/2021	29/10/2021	1, 2, 3, 4, 5
Blog post 2	15 %	29/10/2021	12/11/2021	1, 2, 3, 4, 5
Blog post 3	15 %	12/11/2021	26/11/2021	1, 2, 3, 4, 5
Research Essay	55 %	10/12/2021	22/12/2021	2, 3, 4, 5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program. Students are expected to attend all classes.

If circumstances arise which are beyond a student’s control and they are unable to attend a class, the student should contact the Course Convenor in advance (where possible), so that the convenor can adjust their expectations in relation to numbers for that class. If it is not possible to give advance notice, students should send the convenor an email as soon as possible with evidence to support the reason for failure to attend. 

Assessment Task 1

Blog post 1

Brief Description: In a post of up to 1,200 words, students will be asked to argue in favour or against a given policy or legislative proposal.

Nature of the Task: The blog posts are compulsory. Non-completion of this task will result in a 0 for this assessment task.

Due Date: Friday 15 October (5pm).

Assessment Criteria:

• Understanding of the material taught in the course;
• Ability to identify and address legal and policy issues at hand;
• Clarity of the argument;
• Quality of expression (style).

Assessment Task 2

Blog post 2

Brief Description: In a post of up to 1,200 words, students will be asked to argue in favour or against a given policy or legislative proposal.

Nature of the Task: The blog posts are compulsory. Non-completion of this task will result in a 0 for this assessment task.

Due Date: Friday 29 October (5pm).

Assessment Criteria:

• Understanding of the material taught in the course;
• Ability to identify and address legal and policy issues at hand;
• Clarity of the argument;
• Quality of expression (style).

Assessment Task 3

Blog post 3

Brief Description: In a post of up to 1,200 words, students will be asked to argue in favour or against a given policy or legislative proposal.

Nature of the Task: The blog posts are compulsory. Non-completion of this task will result in a 0 for this assessment task.

Due Date: Friday 12 November (5pm).

Assessment Criteria:

• Understanding of the material taught in the course;
• Ability to identify and address legal and policy issues at hand;
• Clarity of the argument;
• Quality of expression (style).

Assessment Task 4

Research Essay

Brief Description: In an essay of up to 4,400 words, address one of the topics that will be published on Wattle. The research essay will require students to conduct independent research that investigates a theme, issue or policy related to transnational anti-corruption law or policy. Original research will be required. Essays must include a bibliography, which is excluded from the word count. 

Nature of the Task: The research essay is compulsory. Non-completion of this task will result in a 0 for this assessment task.

Release: The list of topics will be published on Wattle on 1 November.

Due Date: Friday 10 December (5pm). Students must submit the essay electronically via Turnitin. Late submissions (without an extension) are permitted, although late penalties will apply. 

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b) Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c) Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d) Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e) Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students