What are global investigations?
Global investigations are criminal and/or regulatory investigations that span multiple legal jurisdictions or countries.
Due to the global nature of business, finance and supply chains, it is important for companies and individuals involved in commerce to be aware that anyone can face an international investigation.
Governments and law enforcement agencies around the world are increasingly collaborating to carry out effective global investigations.
For what crimes are global investigations conducted?
Global investigations are commonly conducted for transnational crimes and white collar crimes.
Transnational crime
Individuals, groups or businesses may face global investigations if they are suspected of being involved in transnational crimes that transcend international boundaries.
A crime is transnational if it is committed in:
- More than one state,
- One state, but a substantial part of the preparation takes place in another state,
- One state, but involves an organised criminal group that engages in criminal activities in more than one state, or
- One state, but has substantial effects in another state.
Transnational crimes include organised crimes, drug trafficking, human trafficking, corruption, terrorism, and cybercrime.
White collar crime
Global investigations are often conducted for cross-border white collar crimes such as the bribery of a foreign public official, or tax fraud that breaches the tax laws of several jurisdictions.
Businesses and individuals involved in sensitive industries such as military or intelligence could face serious and complex international investigations for alleged breaches of national security laws.
Global investigations in Australia
The Australian government is an active member of the international law enforcement community, with its various law enforcement and regulatory bodies taking part in global investigations.
Australia has signed and ratified several international conventions and treaties which seek to combat cross-border crime through increased cooperation and joint efforts to investigate and prosecute alleged offenders. These conventions include the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, United Nations Convention against Corruption, and the United Nations Convention against Transnational Organized Crime.
Australia has also signed international treaties to facilitate global investigations. These treaties include agreements to provide reciprocal assistance in investigations into global criminal or business matters, and to extradite individuals to face prosecution for offences.
Australia has also introduced international conventions into domestic law, such as the laws criminalising cybercrime, terrorism financing and money laundering.
Who conducts global investigations?
The parties involved in global investigations depend on the type of investigation that is being conducted. Global investigations may involve:
- Government agencies such as the Australian Border Force (ABF), Attorney-General’s Department (AGD), Department of Defence (DoD) and the Department of Home Affairs (DHA).
- Law enforcement agencies and investigatory bodies such as the Australian Criminal Intelligence Commission (ACIC), Australian Federal Police (AFP), Australian Security Intelligence Organisation (ASIO), Independent Commission Against Corruption (ICAC), and the Commonwealth Director of Public Prosecutions (CDPP).
- Other regulatory bodies and agencies such as the Australian Taxation Office (ATO), Australian Transaction Reports and Analysis Centre (AUSTRAC), Australian Competition and Consumer Commission (ACCC), and the Australian Securities and Investments Commission (ASIC).
Can an Australian be extradited overseas following a global investigation?
Yes. Nothing in the Extradition Act 1988 (Cth), which governs Australia’s extradition regime, prohibits the surrender of Australian nationals to another country to face prosecution for their offence/s following a global investigation.
How can we help you?
We provide expert advice and representation in complex global investigations and prosecutions.
Contact us if you require assistance.
