Read the final statement, published 6 June 2023: English
On 18 December 2022, an Australian company engaged in business in the education sector, SAVEducation Pty Limited, submitted a specific instance to the Australian NCP (AusNCP) alleging that a software development company registered in India had not observed the Combating Bribery, Bribe Solicitations and Extortion (Chapter VII) provisions of the Guidelines in their business dealings involving the development of an online education portal. Two of the notifier’s key personnel are based in Australia, while a third person was based in India and is referred to in the statement as the notifier’s agent. Specifically, alleged issues related to the enterprise entering into an illicit agreement with the notifier’s India-based agent. The complaint alleged that the enterprise would raise invoices and the notifier’s agent would approve the invoices for payment by the notifier. It was alleged that the notifier’s agent received a commission from the enterprise for each invoice he approved.
Shortly after the AusNCP engaged with the enterprise, the parties commenced negotiations independent of the AusNCP process. The notifier requested the complaint be suspended.
On 11 April 2023, the notifier advised the AusNCP that the parties had reached an agreement and requested that the complaint be withdrawn. This was prior to the completion of the initial assessment by the AusNCP.
On 6 June 2023, the NCP issued a final statement, concluding the NCP procedure.