Definition Bribery Of Foreign Public Officials

It also includes causing a benefit to be provided or offered to a foreign public official where the benefit is not legitimately due.

Definition bribery of foreign public officials. The oecd anti bribery convention officially convention on combating bribery of foreign public officials in international business transactions is an anti corruption convention of the oecd aimed at reducing political corruption and corporate crime in developing countries by encouraging sanctions against bribery in international business transactions carried out by companies based in the convention member countries. What you should now about foreign officials under the foreign corrupt practices act introduction the foreign corrupt practices act fcpa prohibits the bribery of foreign government officials 1 while the contours of the fcpa are complex and nuanced few provisions have generated more confusion than the definition of foreign. Extradition for bribery of a foreign public official is subject to the conditions set out. Foreign officials foreign official is defined in the fcpa 1977 78dd 2 h 2 a as.

Any officer or employee of a foreign government or any department agency or instrumentality thereof in analogous provisions s 6 5 of the ba 2010 defines a foreign public official as follows. Foreign public official means. 6 bribery of foreign public officials 1 a person p who bribes a foreign public official f is guilty of an offence if p s intention is to influence f in f s capacity as a foreign public. A party which declines a request to extradite a person for bribery of a foreign public official solely on the ground that the person is its national shall submit the case to its competent authorities for the purpose of prosecution.

Foreign bribery includes providing or offering to provide a benefit to a foreign public official. The fcpa 1977 and the bribery act 2010. A foreign public official works on behalf of a foreign government and therefore has access to vital information. The bribery of a foreign public official is a serious crime in anti bribery and corruption legislation stated in section 6 of the uk bribery act 2010.

The uk bribery act covers both government and commercial bribery and as a result the question is less of an issue though it remains important since the threshold to get over to prove a bribe in relation to the specific bribery of a foreign public official offence is much lower than in the case of the other bribery offences which capture all bribery including commercial and government.