HSE University Anti-Corruption Portal
Corporate Liability
for Corruption
Category
Brazil
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
• Considered when prosecuting
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Egypt
India
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
• Considered when prosecuting
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Not specified
Iran
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Not specified
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Kazakhstan
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Kyrgyzstan
Liability of Legal Persons for Corruption
• Civil liability
Liability of Foreign Companies
• No
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
China
Liability of Legal Persons for Corruption
• Criminal
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
United Arab Emirates
Pakistan
Liability of Legal Persons for Corruption
• Criminal
• Сivil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Russia
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Saudi Arabia
Tajikistan
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Uzbekistan
Liability of Legal Persons for Corruption
• Civil liability
Liability of Foreign Companies
• No
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Ethiopia
South Africa
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Brazil
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
• Considered when prosecuting
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

The Clean Company Act provides for the administrative and civil liability of legal entities for committing acts against public administration, whether national or foreign. 

The Administrative Improbity Law applies to anyone who, even not being a public agent, intentionally aids and abets the commission of an act of improbity.

Liability of Foreign Companies

The Clean Company Act and the Clean Company Act Amendments Decree apply if the offense: 

  • is committed by a foreign company, which have headquarters, branches, or offices in the Brazilian territory, constituted in fact or in law, even if temporarily; 
  • is committed in whole or in part in the national territory or produces or may produce effects therein; 
  • is committed abroad but aimed against the national public administration. 
Grounds for Corporate Liability

Legal entities will be objectively liable for the harmful acts provided for in the Clean Company Act committed in their interest or to their benefit. 

Offenses

The Clean Company Act

The organization shall be held liable for acts harmful to public administration, whether national or foreign, including but not limited to the following:

  • promising, offering, or giving, directly or indirectly, an undue advantage to a public official or a third party related to him/her;
  • financing, funding, sponsoring, or in any way subsidizing the commission of offenses provided by this Law;
  • using a natural or legal person to hide or disguise the organization’s real interests or the identities of the beneficiaries of the acts performed;
  • regarding public biddings and contracts:
  1. violating or distorting the competitive nature of a public bidding procedure;
  2. impeding the bidders;
  3. hindering the bidders from participation in the tender by means of fraud or offering any advantage;
  4. fraudulently manipulating tender and/or contract process;
  5. creating a legal entity to fraudulently participate in the tender or enter into a public contract;
  6. fraudulently obtaining an undue advantage or benefit from modifying, without legal justification, tender documents, public contracts, or other procurement documents;
  7. fraudulently manipulating contract prices;
  • obstructing investigations or inspections by public bodies or interfering in their activities.

Administrative corruption offenses imply the mandatory existence of an official as a party to the offense, thus, bribery in the commercial sector does not constitute an offense.

The Administrative Improbity Law 

The legal entity is held liable for intentionally aiding and abetting a public official in committing an act (omission) that:

  • results in illicit enrichment, i.e., obtaining any undue advantage in connection with the exercise of office, mandate, function, employment, or activity in the public body (organization); 
  • in fact or on the reasonable assumption, results in loss of assets, embezzlement, theft, misappropriation, or damage to assets or property of public bodies (organizations); 
  • violates the duties of honesty, impartiality, and legality.
Sanctions

The Clean Company Act:

  • fine, in the amount of 0,1% to 20% of gross revenue for the last year prior to the filing of the administrative proceeding, excluding taxes, but not less than the benefit received (if the amount of such benefit can be determined);
  • publication of the conviction verdict at the expense of the legal entity, 1) in mass media in the geographical area where the violation was committed and where the legal entity operates, or, if not available, in a nationwide newspaper, 2) by posting a notice for a minimum period of 30 days, at the offender’s facilities, 3) on the main page of the offender’s website;
  • forfeiture of assets, rights, or values obtained as a result of the violation, with due regard for the rights of the victim or a good faith third party;
  • prohibition against receiving incentives, subsidies, grants, donations, or loans from public bodies or entities, as well as public financial institutions or those controlled by public authorities, for a period of a minimum of one and a maximum of five years;
  • partial suspension of offender’s activities;
  • compulsory liquidation of the legal entity. 

The Administrative Improbity Law:

  • confiscation of illicit proceeds;
  • payment of a civil fine in the amount equivalent to the illicit profit, damage, or up to 24 times the amount of the unlawful remuneration received by the public official (depending on the offense committed);
  • prohibition to enter into public contracts or to receive tax or financial benefits or incentives, directly or indirectly, even through a legal entity of which the perpetrator is the majority shareholder, for up to 14 years.
Defenses

The Administrative Improbity Law provides for a non-prosecution agreement if the accused person fully reimburses the damage and disgorges the improperly obtained benefit.

The Clean Company Act does not provide for an exemption from liability.

Aggravating and Mitigating Factors

The amount of the fine may be increased if the following factors are present:

  • multiple offenses;
  • tolerance of or knowledge of misconduct by members of the board of directors or management of the organization;
  • delay in the provision of public services or the delivery of goods necessary for the provision of public services caused by the offense;
  • an economic condition in which the general solvency and general liquidity ratios are above one and there is a net profit for the fiscal year preceding the one in which the proceeding was initiated;
  • recidivism (committing an offense detrimental to the public administration less than 5 years prior to the adjudication of the current proceeding);
  • for tender and contract offenses - purchase/contract value above R$500,000.

The amount of the fine may be reduced if the following factors are present:

  • an unfinished offense;
  • voluntary disgorgement of the benefit illicitly received and reimbursement for damages;
  • absence (unproven) of benefit/damage as a result of illegal activities;
  • cooperation with the investigation;
  • voluntary acknowledgment of responsibility for unlawful activities;
  • availability and implementation of measures to counteract wrongdoing (integrity program).
Non-Trial Resolutions

The leniency agreement will be executed with the legal entity provided that it effectively cooperates with the investigators and such cooperation results in the following:

  • the identification of other parties involved in wrongdoing, when applicable; and
  • the prompt obtaining of information and documents that prove the violation. 

The legal entity that intends to enter into a leniency agreement should:

  • be the first to express interest in cooperating in the investigation of specific violation, when applicable;
  • cease its involvement in the violation entirely as of the date of the proposal of the agreement;
  • admit its objective liability concerning the violation;
  • continuously and comprehensively cooperate with the investigation, including attendance at procedural actions and paying the associated costs;
  • provide information and documents that prove the wrongdoing; 
  • fully reimburse the undisputed portion of the damages caused; 
  • ensure disgorgement in favor of the injured party or the state, as the case may be, of the amount of improper proceeds or illicit enrichment directly or indirectly obtained by the organization as a result of the violation, on terms and in amounts determined in the negotiation of the agreement.

Entering into a leniency agreement allows a company to apply for the following:

  • exemption from extraordinary publication of the conviction decision;
  • exemption from the prohibition to receive incentives, subsidies, grants, donations, or loans from public bodies or entities, and public financial institutions or those controlled by public authorities;
  • reduction of the total amount of the fine for up to 2/3;
  • exemption or mitigation of administrative liability under the Public Procurement Act or other bidding and contracting rules.
Legislation
  • Law No. 12.846/2013 on Administrative and Civil Liability of Legal Entities for the Practice of Acts against the Public Administration, National or Foreign, and Other Provisions (Clean Company Act);
  • Law No. 8.429/1992 on Sanctions Applicable due to the Practice of Acts of Administrative Impropriety (Administrative Improbity Law);
  • Decree No. 11.129/2022 on Amendment of the Law No. 12.846/2013 on Administrative and Civil Liability of Legal Entities for the Practice of Acts against the Public Administration, National or Foreign, and Other Provisions (Clean Company Act Amendments Decree) - defines the procedure for conducting investigations and calculating penalties, and establishes requirements for integrity programs.
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures

The obligation to adopt measures to prevent wrongdoing (integrity programs) is provided for organizations involved in certain types of interactions with the government.

For other organizations, the system of measures to prevent wrongdoing can be:

  • a decisive factor in determining the winner of the procurement if equal scores are obtained on other criteria;
  • one of the mitigating factors in the case of bringing an organization to administrative responsibility for submitting false information and/or forged documents when applying for participation in the tender, entering into or executing a contract, as well as for committing crimes that are detrimental to the public administration;
  • a rehabilitative basis for the admission to public procurement of an organization that had previously been debarred.
Entities Subject to the Obligation

At the federal level, an organization that wins a public tender worth more than R$200 million.

At provincial and municipal levels, additional requirements may be imposed.

List of Anti-Corruption Measures

The integrity program is evaluated by the following parameters:

  • commitment of the senior management of the legal entity, including the boards, as demonstrated by visible and unequivocal support for the program, as well as the allocation of adequate resources;
  • standards of conduct, code of ethics, integrity policies and procedures, applicable to all employees and officers, irrespective of the position or function exercised;
  • standards of conduct, code of ethics, and integrity policies extended, when necessary, to third parties, such as suppliers, service providers, intermediaries, and associates;
  • regular training and communications regarding the integrity program;
  • appropriate risk management, including analysis and periodic reassessment of the integrity program to make necessary adjustments and allocate resources efficiently;
  • book-keeping that fully and accurately reflects the transactions of the legal entity;
  • internal controls that ensure the prompt preparation and accuracy of the legal entity's financial reports and statements;
  • procedures to prevent fraud and illicit acts in the context of public bidding procedures, in the execution of contracts, or any interaction with the government, even if intermediated by third parties, such as the payment of taxes, being subject to inspections or obtaining authorizations, licenses, permits, and certificates;
  • independence, structure, and authorities of the internal unit responsible for the implementation of the integrity program and the monitoring of its application;
  • reporting channels, open and widely available to employees and third parties, and mechanisms for handling complaints and protecting good-faith whistleblowers;
  • disciplinary measures in case of breaching the integrity program;
  • procedures that ensure the prompt termination of detected irregularities or violations and the timely remediation of damage caused;
  • appropriate risk-based due diligence for:
  1. contracting and, as the case may be, overseeing third parties, such as suppliers, service providers, intermediaries, brokers, consultants, commercial representatives, and associates;
  2. hiring and, as the case may be, overseeing politically exposed persons, as well as their family members, close associates, and legal entities in which they participate; and
  3. carrying out and overseeing sponsorships and donations;
  • verification, in the course of mergers, acquisitions, and corporate restructuring processes, of the commission of any irregularities or violations or the existence of vulnerabilities in the legal entities involved; 
  • permanent monitoring of the integrity program with a view to its improvement in preventing, detecting, and combating the occurrence of acts harmful to the public administration.

At the same time, each organization's specific characteristics should be considered while assessing its integrity program's adequacy.

Liability for Lack of Anti-Corruption Measures

At the federal level: there are no specific sanctions, but it is provided that procedures for confirming that measures have been taken and penalties for non-compliance are included in the public contract.

At the provincial and municipal levels: penalties for failure to adopt integrity programs may be settled as a percentage of the value of the relevant public contract or other agreement with the government.

Legislation
  • Law No. 6.112/2018 on Obligation to Implement Integrity Programs in Organizations Interacting with all Branches of Government and Other Provisions;
  • Law No. 14.133/2021 on Tenders and Administrative Contracts - establishes a duty to adopt integrity programs organizations winning in major government procurements;
  • Decree No. 11.129/2022 on Amendment of the Law No. 12.846/2013 on Administrative and Civil Liability of Legal Entities for the Practice of Acts against the Public Administration, National or Foreign, and Other Provisions (Clean Company Act Amendments Decree) - establishes requirements for integrity programs.
Individual Liability for Corruption
Offenses

The Penal Code:

  • Active Corruption (Article 333) - offering or promising an undue advantage to a public official to induce him/her to perform, omit or delay an official act;
  • Active Corruption in International Commercial Transactions (Article 337-B) - promising, offering, or giving, directly or indirectly, an undue advantage to a foreign public official or a third person to induce him/her to perform, omit or delay an official act related to an international commercial transaction;
  • Influence Peddling in International Business Transactions (Article 337-C) - directly or indirectly requesting, demanding, charging, or obtaining, for oneself or a third party, an advantage or promise of an advantage on the pretext of influencing an act performed by a foreign public official in the exercise of his/her duties, related to an international business transaction.

The Administrative Improbity Law - liability for intentionally aiding and abetting a public official in committing an act (omission) that:

  • results in illicit enrichment, i.e., obtaining any undue advantage in connection with the exercise of office, mandate, function, employment, or activity in the public body (organization); 
  • in fact or on the reasonable assumption, results in loss of assets, embezzlement, theft, misappropriation, or damage to assets or property of public bodies (organizations); 
  • violates the duties of honesty, impartiality, and legality.

Partners, shareholders, directors, and employees of a legal entity are not liable for an offense that may be imputed to the legal entity unless there is evidence of their participation and direct benefit - if so, they shall be held liable to the extent of their involvement.

Sanctions

The Penal Code:

  • Active Corruption - imprisonment from 2 to 12 years and a fine;
  • Active Corruption in International Commercial Transactions - imprisonment from 1 to 8 years and a fine. The penalty is increased by 1/3 if the official's actions involve a breach of official duties;
  • Influence Peddling in International Business Transactions – 2 to 5 years imprisonment. The penalty is increased by 1/3 if the intermediary claims or implies that the undue advantage is also intended for the foreign public official.

The Administrative Improbity Law (with respect to individuals who are not public officials):

  • confiscation of the assets or values illicitly gained 
  • payment of a civil fine equivalent to the amount of the assets gained, to the amount of damage, or up to 24 times the amount of the unlawful remuneration received by the public official (depending on the offense committed);
  • prohibition to enter into contracts with the government or to receive tax or financial benefits or incentives, directly or indirectly, even through a legal entity of which the perpetrator is the majority shareholder, for up to 14 years.
Liability of Foreign Individuals

The norms of the Penal Code apply to any crime committed in Brazilian territory and to certain crimes committed outside Brazil, including crimes detrimental to the public administration.

Legislation
  • Penal Code;
  • Law No. 8.429/1992 on Sanctions Applicable due to the Practice of Acts of Administrative Impropriety (Administrative Improbity Law).
Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

Those holding an office or employment in the federal executive branch must prevent or avoid possible conflicts of interests. The law lists typical situations that constitute a conflict of interests in the exercise of office or employment and after exercising the office or employment.

CoI situations in the exercise of office or employment:

  • disclosure or use for one's benefit or the benefit of a third party of confidential information obtained in the course of the official's activities;
  • providing services or maintaining a business relationship with a person or entity who has an interest in a decision made by an official or a collegial body in which the official participates;
  • engaging, directly or indirectly, in activities which, by their nature, are incompatible with the duties of the office or employment, including activities in related fields or matters;
  • acting, including unofficially, as an attorney, consultant, advisor, or mediator for private interests in agencies or organizations of direct or indirect government of any branch of the federal, state, federal district, and municipal governments;
  • acting in the interest of a legal entity in which the official, his/her spouse, partner, or relative by blood or marriage, in a direct or collateral line up to the third degree of affinity, and which may benefit or influence the official's managerial actions;
  • receiving a gift from any person interested in a decision made by a public official or a collegial body in which the official participates, outside the limits and conditions set forth in other regulations;
  • rendering services, including on a non-permanent basis, to a company whose activities are controlled, inspected, or regulated by the organization with which the public official is associated.

CoI situations after the termination of office or employment:

  • disclosure or use of confidential information obtained as part of the official's activities;
  • within 6 months after dismissal, except as expressly authorized by the Public Ethics Commission or the Office of the Comptroller General, as the case may be:

(a) Perform, directly or indirectly, any service to a person or entity with whom the officer has an appropriate relationship in connection with the performance of his/her official or employment duties;

(b) To hold a position of manager or consultant or to enter into a professional relationship with natural or legal persons carrying out activities related to the scope of responsibility of the position previously held;

(c) Entering into service, consulting, evaluation, or similar contracts with agencies or organizations of the federal executive branch related, including indirectly, to the agency or organization in which the official held a position or employment;

(d) Participation, directly or indirectly, in the pursuit of private interests before the body or organization with which the official held office or performed work or with which the official established a relevant relationship in connection with the performance of official duties or work.

Gifts

Public officials are prohibited from accepting gifts, except for gifts from foreign authorities received in the course of protocol events and assuming reciprocity.

In addition, it is allowed to accept gifts that:

  • have no commercial value;
  • distributed by any organization as a courtesy, for advertising purposes, for ordinary familiarization [with products], or on special events or anniversaries, and their value does not exceed R$100.

Receiving a gift from any person interested in a decision taken by a public official or a collegial body in which the official participates shall be considered a CoI.

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

The following standards are set for officials of the High Federal Administration:

  • prohibition against investing in assets whose value or quotation may be affected by a governmental decision or policy, in respect of which the official has confidential information by virtue of his/her position or function, including investments in variable income or commodities, futures contracts, and currency for speculative purposes, except investments in investment regimes as determined by the Public Ethics Commission;
  • prohibition against receiving a salary or any other remuneration from a private source in violation of the law or accepting payments for transportation, lodging, or any services from private persons if it may raise doubts about their honesty and impartiality. However, participation of officials in seminars, congresses, and other similar events is permitted, provided the organizer of the event has no interest in the decision made by the official and any remuneration and payment of travel expenses is disclosed;
  • right to be a representative without receiving remuneration, provided that this does not involve commercial activities or any other acts incompatible with the position held or functions performed, as provided by law;
  • obligation to disclose the ownership of more than 5% of the capital of a mixed economy company, a financial institution, or a company that trades with public authorities;
  • obligation to disclose information about holding another position, performing other work, or performing a public function.

There is also an obligation for officials to:

  • annually declare to the Public Ethics Commission or the Office of the Comptroller General information about assets, stock ownership, economic or professional activities, and indicate whether there is a spouse, partner, or relative, by blood or by marriage, in a direct or collateral line, up to the third degree, exercising activities that may result in a CoI; 
  • notify in writing the Public Ethics Commission or the HR department of the relevant body or organization, as the case may be, of engaging in private activities or receiving job offers that the official intends to accept, of the intention to contract or conduct business in the private sector, including not prohibited by applicable laws. This restriction also applies within 6 months after termination of employment.
Revolving Door

Officials of High Federal Administration:

  1. are obliged to inform the Public Ethics Commission of any proposals for further employment or business in the private sector, as well as any negotiations that may involve CoI, whether accepted or rejected;
  2. are prohibited after leaving the office:
  • to act for the benefit or on behalf of an individual or legal entity, including a union or professional association, in any proceeding or transaction in which he/she has participated by virtue of his/her office;
  • to provide consultancy services to individuals or legal entities, including unions or professional associations, using information that has not been publicly disclosed regarding programs or policies of the organ or entity of the Federal Public Administration to which they were connected or with which they had a direct and relevant relationship in the 6 months prior to the end of their public function. 
  1. are prohibited within 4 months after exercising the office:
  • to accept an appointment as administrator or counselor, or to establish a professional relationship with an individual or legal entity with which he/she has had a direct and relevant official relationship within 6 months prior to his/her termination;
  • to intervene, for the benefit or on behalf of an individual or legal entity, with an organ or entity of the Federal Public Administration with which he/she has had a direct and relevant official relationship within 6 months prior to his/her termination.

According to the Conflict of Interest Act, public officials, after terminating their office or employment, are also prohibited from:

  • disclosing or using privileged information obtained in the course of the official's activities; 
  • within a period of 6 months, after the termination of office or employment, except when expressly authorized, as the case may be, by the Public Ethics Commission or the Office of the Comptroller General:
    • providing, directly or indirectly, any services to a natural or legal person with whom the official has a corresponding relationship in connection with the performance of his/her official duties;
    • holding a position of manager or consultant or entering into a professional relationship with natural or legal persons engaged in activities related to the scope of responsibility of the position or work previously held;
    • entering into service, consulting, evaluation, or similar contracts with agencies or organizations of the federal executive branch related, including indirectly, to the agency or organization in which the official held a position or employment;
    • participating, directly or indirectly, in pursuing private interests before the body or organization with which the official held office or with which the official has established a relevant relationship in connection with the performance of official duties.
Legislation
Egypt
Corporate Liability for Corruption
Anti-Corruption Measures
Individual Liability for Corruption
Anti-Corruption Standards in the Public Sector
India
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
• Considered when prosecuting
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Not specified
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

The Prevention of Corruption Act provides an offense relating to bribing a public servant by a commercial organization.

Liability of Foreign Companies

"Commercial organization", subject to the Act, means, inter alia, any body, partnership, or association incorporated outside India and which carries on a business, or part of a business, in any part of India.

In this case, "business" includes a trade or profession or providing service.

Grounds for Corporate Liability

A commercial organization can be held liable for the misconduct of any person associated with such a commercial organization.

A person is said to be associated with the commercial organization if such a person performs services for or on behalf of the commercial organization, irrespective of giving or promising to give any undue advantage, which constitutes an offense.

  • The capacity in which the person performs services for or on behalf of the commercial organization shall not matter, irrespective of whether such person is an employee, agent, or subsidiary of such commercial organization. 
  • Whether or not a person performs services for or on behalf of the commercial organization is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between such person and the commercial organization.
  • If the person is an employee of the commercial organization, it shall be presumed unless the contrary is proved that such person is a person who has performed services for or on behalf of the commercial organization.
Offenses

A commercial organization shall be punishable with a fine if any person associated with it gives or promises to give any undue advantage to a public servant intending –

  1. to obtain or retain business for the commercial organization; 
  2. to obtain or retain an advantage in the conduct of business for the commercial organization.
Sanctions

Penalty, the maximum amount of which is not set.

When deciding on the fine amount, the court shall consider the profits or the value of the property, if any, which the accused person has obtained by committing the offense.

Defenses

It shall be a defense for the commercial organization to prove that it had adequate procedures in compliance with such guidelines as may be prescribed to prevent persons associated with it from undertaking such conduct.

However, the guidelines containing the relevant requirements have not yet been adopted.

Aggravating and Mitigating Factors
Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures

Certain organizations are obligated to adopt specific measures to prevent corruption.

For other organizations, according to the Prevention of Corruption Act, having adequate procedures to prevent the misconduct of related persons is a legal defense against liability for bribery of public officials.

Entities Subject to the Obligation

Specific measures to prevent corruption should be taken by a company with any securities listed on any recognized stock exchange.

List of Anti-Corruption Measures

Every listed company or such class or classes of companies, as may be prescribed, shall establish a vigil mechanism for directors and employees to report alleged misconduct.

Liability for Lack of Anti-Corruption Measures

In case of violation of the provisions of the relevant section of the Companies Act, the company shall be punishable with a fine which shall not be less than 100 000 rupees but may extend to 500 000 rupees.

Individual Liability for Corruption
Offenses

1. Bribery.

An offense relating to bribing of a public servant - giving or promising to give an undue advantage to another person or persons, with intention -

  • to induce a public servant to perform a public duty improperly; or 
  • to reward such a public servant for the improper performance of public duty.

It shall be immaterial whether the person to whom an undue advantage is given or promised to be given is the same as the person who is to perform or has performed the public duty concerned, and it shall also be immaterial whether such undue advantage is given or promised to be given by the person directly or through a third party.

2. Failure to prevent bribery.

Where an offense relating to bribing a public servant is committed by a commercial organization and such offense is proved in the court to have been committed with the consent or connivance of any director, manager, secretary, or other officer of the commercial organization, such director, manager, secretary or other officer shall also be guilty of the offense.

3. Abetting.

Whoever abets any offense punishable under the Act, whether or not that offense is committed in consequence of that abetment, shall be punishable shall be guilty of the offense.

Sanctions
  • Offense relating to bribing of a public servant - imprisonment for up to 7 years and/or a fine; 
  • Consent or connivance of any director, manager, secretary, or other officer in the commission of an offense - imprisonment for a term of 3 to 7 years and a fine; 
  • Abetting an offense - imprisonment for 3 to 7 years and a fine.
Liability of Foreign Individuals

The Prevention of Corruption Act does not specify how its provisions apply to foreign nationals. However, according to the provisions of the Act, it extends to the whole of India

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

A public servant should:

  • declare any private interests relating to his/her public duties and take steps to resolve any conflicts in a way that protects the public interest;
  • not place himself/herself under any financial or other obligations to any individual or organization which may influence him/her in the performance of his/her official duties;
  • not misuse his/her position as a civil servant and not make decisions to derive financial or material benefits for himself/herself, his/her family, or friends.

No public servant shall, in the discharge of his/her official duties, deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his/her family is employed in that company or firm or under that person or if he or any member of his/her family is interested in such matter or contract in any other manner and the public servant shall refer every such matter or contract to his/her official superior and the matter or contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made.

Gifts

No public servant shall:

  • accept or permit any member of his/her family or other person acting on his behalf to accept any gift. The term "gift" shall include free transport, boarding, lodging, or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the public servant;
  • accept any gifts from any foreign firm either contracting with the Government of India or is one with which the public servant had, has, or is likely to have official dealings.

A casual meal, lift, or other social hospitality shall not be deemed a gift. A public servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organizations, etc., having official dealings with him.

A Minister should not accept valuable gifts except from close relatives, and he/she or his/her family members should not accept any gifts from any person with whom he/she may have official dealings.

A Minister may receive gifts when he/she goes abroad or from foreign dignitaries in India which are of symbolic nature (like a sword honour, ceremonial robes, etc.) and if their value is less than 5,000 rupee. 

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

No public servant shall, except with the previous sanction of the Government, -

  • engage directly or indirectly in any trade or business;
  • negotiate for or undertake any other employment;
  • canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his/her family;
  • take part, except in the discharge of his/her official duties, in the registration, promotion, or management of any bank or other company registered or required to be registered or of any cooperative society for commercial purposes;
  • involve or engage himself/herself in the registration, promotion, or management of other kinds of activities of any non-Governmental organization that is aided by the Central Government, State Government, or an international organization or agency;
  • accept any fee for any work done for any public body or any private person without the sanction of the Government.

A public servant may, without the previous sanction of the Government:

  • undertake honorary work of a social or charitable nature;
  • undertake occasional work of a literary, artistic, or scientific character;
  • participate in sports activities as an amateur;
  • take part in the registration, promotion, or management (not involving the holding of an elective office) of a literary, scientific, or charitable society or of a club, or similar organization, the aims or objectives of which relate to the promotion of sports, cultural, or recreation activities, registered under the Societies Registration Act, or any other law for the time being in force;
  • take part in the registration, promotion, or management (not involving the holding of an elective office) of a cooperative society substantially for the benefit of the members of the Service or government servants registered under the Co-operative Societies Act or any other law for the time being in force in any State,

provided that:

  • public servant shall discontinue taking part in such activities if so directed by the Government; and 
  • in the registration, promotion, or management of the company, his/her official duties shall not suffer thereby, and he/she shall, within a period of one month of taking part in such an activity, report to the Government giving details of the nature of his/her participation.

No public servant shall:

  • speculate in any stock, share, or other investments, but this provision will not apply to occasional investments made through stock-brokers or other persons duly authorized on the license under the relevant law;
  • make or permit any member of his/her family or any person acting on his behalf to make any investment which is likely to embarrass or influence him/her in the discharge of his/her official duties;
  • save in the ordinary course of business with a bank or a public limited company, himself or through any member of his/her family or any person acting on his behalf: 

(a) lend, borrow, or deposit money as a principal or agent to, from, or with any person, firm, or private limited company within the limits of his/her authority or with whom he/she is likely to have official dealings as well as  otherwise place himself/herself under pecuniary obligation to such a person or firm; 

(b) lend money to any person at interest or in a manner whereby return, whether monetary or in-kind, is expected.

Exception: a public servant may give to or accept from a relative or a personal friend a temporary loan in a small amount free of interest or operate a credit account with a bona fide tradesman or make an advance of pay to his/her private employee. 

For Ministers the following standards are set:

  • cease all connections, up to divesting himself/herself of the ownership, with the conduct and management of any business in which he/she was interested before his/her appointment as a Minister, or transfer his/her interest in the management to any adult member of his/her family or adult relative, other than his/her spouse, who was prior to his/her appointment as Minister associated with the conduct or management or ownership of the said business; 
  • with regard to a company that supplies goods or services to the Government or instrumentalities of the Government (except for the usual trade or business at standard or market rates) or whose business primarily depends on licenses, permits, quotas, leases, etc., received or to be received from the Government, divest himself/herself of all interests in the said company and also of the management thereof, or transfer both ownership and management, to any adult member of his/her family or adult relative, other than his/her spouse, who was prior to his/her appointment as Minister associated with the conduct or management or ownership of the said company;
  • refrain from starting or joining any business; 
  • ensure that the members of his/her family do not start or participate in companies engaged in supplying goods or services to the Government (except for the usual trade or business at standard or market rates) or dependent primarily on licenses, permits, quotas, leases, etc. from the Government; 
  • report the matter to the Prime Minister, or the Chief Minister as the case may be if any member of his/her family sets up or joins in the conduct and management of any other business;
  • not permit their spouse and dependents to accept employment under a Foreign Government, in India or abroad, or in a foreign organization (including commercial concerns) without prior approval of the Prime Minister;
  • not to incur or allow his/her family members to incur debts of such a nature as might embarrass him/her or affect him/her in performing his/her official duties.
Revolving Door
Iran
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Not specified
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

The Criminal Code provides for the liability of legal persons while not specifying corporate offenses.

Liability of Foreign Companies

There are no particular provisions on the liability of foreign legal persons.

Grounds for Corporate Liability

A legal person becomes subject to criminal liability if its legitimate representative commits an offense on behalf of or in the interests of the legal person.

Offenses

No separate criminal offenses are provided for legal persons.

Sanctions

The following sanctions are provided for legal persons:

  • liquidation of the legal person;
  • confiscation of all assets;
  • prohibition against carrying out one or more professional or social activities indefinitely or for a period of up to 5 years;
  • prohibition against public stock offering, indefinitely or for a period of up to 5 years; 
  • prohibition against releasing certain commercial documents for a period of up to 5 years;
  • fine of 2 to 4 times the statutory fine for the same offense committed by an individual;
  • publication of the criminal conviction in the media.

Liquidation of the legal person and confiscation of its assets apply if the legal person has been established solely to commit the offense or, having diverged from the original legitimate purpose, has carried out its activities exclusively to commit the offense. 

Defenses
Aggravating and Mitigating Factors

There is no statutory procedure for holding legal persons liable.

Non-Trial Resolutions
Legislation
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Bribery is the intentional and deliberate giving of money or property, the payment of a bill or of property transferred, directly or indirectly, to induce a public official to do or refrain from doing something that constitutes his/her official duties (Article 95 of the Book Five of the Islamic Penal Code).

Bribery is also a situation where a bribe is not in the form of money but in the form of goods or property transferred, directly or indirectly, to an official for no charge or substantially cheaper than the regular price or prima facie at the regular price but actually substantially cheaper, or where goods or property are purchased from an official, directly or indirectly, at a substantially higher price (Article 93 of the Fifth Book of the Islamic Penal Code).

Mediation of bribery, i.e., knowingly and intentionally facilitating the commission of bribery, including by negotiation, persuasion, transfer of money or property, or a payment bill, is also a criminal offense (Article 96 of the Fifth Book of the CC).

Sanctions

Bribery - confiscation of money or property received as a bribe and imprisonment for 6 months to 3 years or up to 74 lashes. 

Mediation of bribery - same penalties as for bribery.

If the bribe-giver has been driven to despair or has no other option or has reported the bribery or made a complaint, he/she shall be exempt from the punishment of imprisonment, and the money received as a bribe must be returned to him/her.

Liability of Foreign Individuals

The Islamic Penal Code stipulates that its provisions apply to all persons who commit a crime or part thereof on the territory of Iran.

Legislation
Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

Current legislation does not provide for separate regulations on conflict of interests.

However, in 2019, a draft law on the Management of Conflict of Interests in the Performance of Legal Duties and Provision of Public Services was developed and submitted to the Parliament for review. The relevant draft law provides for the following CoI restrictions and obligations:

  • if the official participates in a meeting or voting, he/she should disclose any conflict of interest and refrain from participating in the relevant meeting or voting;
  • if the official performs the function of issuing any kind of certificate, license, document, or paper, he/she should inform his/her supervisor in writing if he/she has a conflict of interest.
Gifts

According to the Law on Public Service Regulation, officials of executive authorities are prohibited from receiving any privileges, benefits, gifts, etc., in connection with the performance of administrative functions and official duties from any natural or legal person other than the body in which they hold office.

According to the Law on Administrative Offenses, it is an administrative offense for an official to receive additional benefits other than those explicitly stated in laws and regulations.

According to the Executive Order on Preventing and Combating Corruption, the following also constitute violations:

  • obtaining property under the circumstances not provided for by law; 
  • obtaining property at no charge or a price significantly below the market price or in quantity significantly different from that which could have been obtained for the price paid; 
  • purchasing or selling the property at a price significantly higher than the market price to obtain a benefit; 
  • facilitating receipt of a bribe by carrying out negotiations and searching for assets to be transferred; 
  • accepting, directly or indirectly, of money, property, securities, or property rights for the further performance or non-performance by an official of his/her official duties; 
  • receiving any other property that can be considered a bribe, in particular, cancellation of a loan, credit, or their granting on highly favorable terms, accepting a property obligation by the bribe-giver which he/she is not entitled to take, receiving special privileges.

The draft law on the Management of Conflict of Interests in the Performance of Legal Duties and Provision of Public Services envisages additional restrictions for public officials.

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

According to the Law on Administrative Offenses, it constitutes an administrative offense for an official to perform outside paid work other than teaching and research.

In addition, all public servants are prohibited from holding more than one organizational position. Where necessary, with the consent of a superior officer, it is permitted to temporarily fill a supervisory or executive organizational position without salary and benefits for a period not exceeding 4 months. 

The draft law on the Management of Conflict of Interests in the Performance of Legal Duties and Provision of Public Services envisages additional restrictions for public officials.

Revolving Door
Kazakhstan
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

Legal persons are subject to administrative liability for unlawful pecuniary remuneration (Article 678 of the Code of Administrative Offenses).

Liability of Foreign Companies

The Code of Administrative Offenses applies to administrative offenses committed (commenced, continued, or completed) on the territory of Kazakhstan.

Grounds for Corporate Liability

The legal person may be held liable if the offense was committed, authorized, or approved by the body, a person exercising the managerial functions of the legal person, or an employee of the legal person who performs organizational, managerial, or administrative functions.

Offenses

It shall be an administrative offense for a legal person to provide unlawful pecuniary remuneration, gifts, benefits, or services to persons authorized to perform public functions or to persons equal to them unless these actions constitute a crime.

Sanctions

Sanctions applicable to legal persons for committing administrative offenses may include:

  • warning;
  • administrative fine;
  • confiscation of the item which was the instrument or object of the administrative offense and the property obtained as a result of the administrative offense;
  • deprivation of a special right;
  • deprivation of permission or suspension of its validity and removal from the registry;
  • suspension or prohibition of the activity or certain types of activities of the legal entity, as well as its subsidiaries, representative offices, and subdivisions
  • compulsory demolition of illegally constructed buildings.
Defenses
Aggravating and Mitigating Factors

Mitigating factors for the commission of an administrative offense include, inter alia:

  • remorse of the perpetrator;
  • prevention by the perpetrator of an administrative offense of harmful consequences of the offense, voluntary restitution, or elimination of the damage caused.

Aggravating factors include, among others:

  • continuing unlawful conduct despite explanations of the law from the prosecutor and (or) a request from authorized persons to cease it;
  • repeated commission of the same administrative offense for which the person has already been subjected to an administrative punishment within one year from the date of imposition of the punishment.
Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures

The obligation of organizations to adopt measures for preventing corruption, including minimizing the causes and conditions contributing to corruption offenses, is established by the Law on Combating Corruption.

Entities Subject to the Obligation

The obligation to take measures for preventing corruption is stipulated for "subjects of entrepreneurship". According to the Entrepreneurship Code, subjects of entrepreneurship are, inter alia, non-state commercial legal entities carrying out entrepreneurial activities (private entrepreneurship entities) and state enterprises (state entrepreneurship entities).

List of Anti-Corruption Measures

Measures for preventing corruption include:

  • establishing organizational and regulatory mechanisms to ensure accountability, control, and transparency of decision-making procedures;
  • ensuring compliance with the principles of fair competition;
  • preventing conflicts of interests;
  • adopting and complying with standards of business ethics;
  • adopting measures to promote anti-corruption culture;
  • cooperating with government bodies and other organizations on matters of corruption prevention. 

For subjects of the quasi-governmental sector, an additional obligation is set to establish units performing functions of anti-corruption compliance. For other entities, the establishment of such units is optional.

Standards for the prevention of corruption for business entities may also be developed and adopted by networks (associations, unions) of business entities.

Liability for Lack of Anti-Corruption Measures
Individual Liability for Corruption
Offenses

Giving a bribe to a person authorized to perform state functions or to an equivalent person, or a person holding a responsible public post, or to an official, or a foreign official, or an official of an international organization, directly or through an intermediary (Article 367 of the Criminal Code). 

Mediation in bribery - assisting a bribe-taker and a bribe-giver in reaching or carrying out an agreement between them to accept and give a bribe (Article 368 of the Criminal Code).

Commercial bribery - unlawfully giving money, securities, or other property to a person performing managerial functions in a commercial or other organization as well as unlawfully providing services of material value for using his/her official position as well as for general patronage or connivance in the interests of the bribe-giver (Article 253 CC).

Giving unlawful pecuniary remuneration, gifts, benefits, or services by individuals to persons authorized to perform public functions or equivalent persons if such actions do not constitute a criminal offense (Article 676 of the CAO).

Sanctions

Giving of a bribe - a fine of up to 60 times the amount of the bribe, imprisonment for up to 12 years, including confiscation of property, and lifetime disqualification to hold certain positions or engage in certain activities.

Mediation in bribery - a fine of up to 30 times the amount of the bribe, imprisonment for up to 6 years, including confiscation of property, and life imprisonment from holding certain positions or engaging in certain activities.

Commercial bribery - a fine of up to 5 000 monthly calculation indices (around 17.3 million Tenge), or corrective labor equal to that amount, or community service of up to 1200 hours, or restriction of freedom for up to 5 years, or imprisonment for the same term.

Provision of unlawful pecuniary remuneration by individuals is punishable with a fine of 200 monthly calculation indices (approximately 690 000 Tenge).

Liability of Foreign Individuals

The Criminal Code and the Code of Administrative Offenses apply to administrative offenses committed (commenced, continued, or completed) on the territory of Kazakhstan.

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

Public officials are prohibited from performing their official functions if a CoI exists.

Public officials are required to take measures to prevent and resolve CoI and to inform in writing their direct supervisor or the management of the public body of any CoI or the possibility of its occurrence as soon as they become aware of it.

Gifts

In accordance with the Law on Combating Corruption, officials, as well as their family members, are prohibited from accepting material remuneration, gifts, or services for the performance of acts (omission) by the official for the benefit of persons who provided them, if such acts fall within the official authority of the official or he/she by virtue of his/her official position may contribute to such acts (omission). 

In accordance with the Law on Public Service, disciplinary offenses that discredit the public service include, inter alia:

  • accepting any remuneration in the form of money, services, and other forms from organizations in which the official does not perform the respective functions, as well as from individuals for the performance of their public or equivalent functions unless otherwise stipulated by law;
  • accepting invitations to domestic and foreign trips at the expense of individuals and legal entities, including foreign ones, except for certain types of trips.
Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

According to the Law on Combating Corruption, public officials are prohibited to: 

  • participate independently in the governance of the business entity if it is not part of their official duties; contribute to the fulfillment of material interests of organizations or individuals through the misuse of their official authority to obtain material or other benefits;
  • engage in entrepreneurial activities, except for the purchase and/or sale of stocks of open-end and interval mutual investment funds, bonds on the organized securities market, shares of commercial organizations (ordinary shares not exceeding 5% of the total amount of voting shares of the organization) on the organized securities market;
  • engage in outside paid activities, except pedagogical, scientific, and other creative activities.

In case of acquisition of stocks (shares) in the authorized capital of commercial organizations and other property, the use of which generates income, except for bonds, stocks of open-end and interval mutual investment funds, an official shall be obliged to transfer them into trust management.

The Chairman of the National Bank of the Republic of Kazakhstan and his deputies, the Chairman of the authorized body on regulation, control, and supervision of the financial market and financial organizations and his deputies - are prohibited from acquiring stocks of investment funds, bonds, shares of commercial organizations.

In accordance with the Law on Civil Service, it is a disciplinary offense discrediting the civil service for a civil servant to use advantages not stipulated by law to obtain loans, credits, purchase securities, real estate, and other property.

Revolving Door
Kyrgyzstan
Liability of Legal Persons for Corruption
• Civil liability
Liability of Foreign Companies
• No
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption
Liability of Foreign Companies
Grounds for Corporate Liability
Offenses
Sanctions
Defenses
Aggravating and Mitigating Factors
Non-Trial Resolutions
Legislation
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Giving of a Bribe (Article 345 of the Criminal Code) - giving a bribe to an official, a foreign official, or an official of an international organization personally or through an intermediary for the official himself/herself to ensure acts (omission), which are within the official's authority or which the official may facilitate by virtue of his/her position, for the benefit of the bribe-giver or persons represented by the bribe-giver as well as offering to accept or promising to give a bribe. 

Mediation in Bribery (Article 344 of the Criminal Code) - commission of actions to transfer a bribe on behalf of the bribe-giver or the bribe-taker, or other assistance to the bribe-giver and (or) the bribe-taker in reaching or implementing an agreement between them to receive and give a bribe. 

Commercial Bribery (Article 250 of the Criminal Code) - Illegal transfer of money, securities, or other property, as well as the illegal rendering of services of a property nature to a person performing managerial functions in a commercial or other organization for the commission of actions (inaction) in the interests of the giver in connection with the official position occupied by this person.

Sanctions

Giving of a Bribe and Mediation in Bribery - imprisonment for up to 7 years, with or without confiscation of property, and/or a fine of up to 20 000 calculation indexes (2 million Kyrgyz Soms).

Commercial Bribery - imprisonment for up to 10 years, with or without confiscation of property, and/or disqualification from holding certain positions or engaging in certain activities for up to 3 years, and/or corrective labor, and/or a fine of up to 2 000 calculation units (200 000 Kyrgyz Soms).

Liability of Foreign Individuals

The provisions of the Criminal Code apply to persons committing an offense in the territory of the Kyrgyz Republic.

Legislation
Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

The Law on Conflict of Interests requires public officials to avoid potential conflicts of interests in the exercise of their official duties and to resolve existing conflicts of interests by declaring a conflict of interests either in writing or by making a public oral disclosure to his/her superior officer followed by the assignment of responsibility for resolving the conflict of interest to that superior officer.

In addition, the said Law prohibits the following:

  • to perform supervisory, control functions over persons in whom an official or his/her close associates have personal (private) interest;
  • to conclude contracts with persons in whom the official or his/her close associates have a personal (private) interest;
  • to receive gifts in connection with the performance of official duties, except for ordinary gifts, the value of which does not exceed 10 calculation indexes (1000 Kyrgyz Soms) and gifts given during official protocol events;
  • solicit or accept donations and other types of material assistance for state or social needs from natural or legal persons if the donation affects the decision-making with respect to these natural or legal persons;
  • to act as attorneys or representatives for third parties in state and municipal authorities and enterprises, except where the laws expressly provide for an official's duty to represent the interests of third parties;
  • to act as representatives of a state or municipal authority, institution, organization, or enterprise:
    • if the official and/or his/her close associates have a pecuniary or other interest in the matter in question;
    • if the interests of the official and/or his/her close associates are contrary to the interests of the body, agency, organization, or enterprise he/she represents; 
    • in dealings with persons from whom the official and/or his/her close associates receive income or benefits of any kind; 
    • in dealings with entities where the officer or his/her close associates are members, shareholders, supervisory, controlling, or executive body members.

The term "officials" in this context includes not only state and municipal officials but also heads of agencies, organizations, or enterprises financed from the state or municipal budget or having state share in their authorized capital, as well as trustees of state property, and persons who do not have the status of state or municipal officials but who work for state bodies.

Gifts

The Law on State Civil and Municipal Service prohibits servants from receiving non-statutory remuneration (monetary and other remuneration, services, payment for entertainment, recreation, transport expenses) and gifts from individuals and legal entities in connection with the performance of official duties, except for gifts received during protocol events, official business trips, and other official events.

The Law on Conflict of Interests prohibits officials from accepting gifts in connection with the performance of official duties, except for ordinary gifts, the value of which does not exceed 10 calculation indexes (1000 Kyrgyz Soms), and gifts received during official protocol events.

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

The Law on State Civil and Municipal Service establishes the following prohibitions:

  • to engage in other paid activities, except for educational, expert, scientific, and other creative activities in the relevant professional field, as well as (by agreement with the head) self-employment according to the list of activities determined by the Cabinet of Ministers, additionally paid from the funds not prohibited by law;
  • to engage personally or through authorized persons in entrepreneurial activity, to participate in the governing bodies of entities regardless of their organizational and legal forms, as well as to use official position to assist individuals and legal persons in carrying out their business activities in exchange for any benefits
  • to be a member of the governing bodies of commercial organizations, except for cases provided for by law;
  • to act as an attorney or other representative of third parties in state and municipal bodies unless otherwise stipulated by law;
  • to be a member of governing bodies, boards of trustees or supervisory boards, and other bodies of foreign non-profit organizations and their subdivisions operating in the country, unless otherwise provided by law and international treaties.

The public servant is allowed to own shares and other securities (stakes, shares in the authorized capital of organizations) provided they are transferred to the trust management.

Revolving Door

In accordance with the Law on State Civil and Municipal Service, a public servant shall not, within one year after termination of service:

  • apply to the former employer in the interests of third parties on matters which were within the public servant’s authority;
  • act on behalf of a natural person or legal entity in matters that were within the public servant’s authority during his/her service to provide additional advantages to that natural person or legal entity.
China
Liability of Legal Persons for Corruption
• Criminal
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

The provisions of the Criminal Law establishing liability for bribery may be applied to both individuals and legal entities. 

In addition, the liability of legal persons for bribery is provided by the Law against Unfair Competition. 

Liability of Foreign Companies

The Criminal Law shall apply to anyone who commits a crime within the territory and territorial waters and space of the People's Republic of China. The Law may also apply to any foreigner who commits a crime outside the territory and territorial waters and space of the People's Republic of China against the People's Republic of China or any of its citizens if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years.

Grounds for Corporate Liability

According to the Criminal Law, any company, enterprise, institution, State organ, or organization, who commits an act that endangers society and is recognized by law as a crime, shall bear criminal responsibility.

The Law against Unfair Competition provides that bribery committed by an employee of a business entity is deemed to have been committed by the business entity unless there is evidence that the act of the employee is irrelevant to creating opportunities or competitive advantages for the business entity.

Offenses

Giving of a Bribe to a State Functionary (Article 389 of the Criminal Law) - giving money or property to a public official as well as giving a relatively large amount of money or property to a public official or providing a discount or payment for services to a public official as a part of an economic activity in violation of state regulations to obtain illegal gain. "Relatively large amount" shall be considered an amount of 30,000 yuan.

Giving of a Bribe to a Public Body or Organization (Art. 391 of the Criminal Law) - giving money or property to a government agency, state-owned company, enterprise, institution, or people's organization, as well as providing a discount or payment for services to these entities as part of economic activity in violation of state regulations to obtain illegal gain.

Bribery by a Legal Entity (Article 393 of the Criminal Law) – bribing or giving, in violation of state regulations, a discount or payment to a public official in a relatively large amount to obtain an unlawful benefit.

Commercial Bribery (Art. 164 of the Criminal Law) – giving money or property to any employee of a company or enterprise in a relatively large amount to obtain an unlawful benefit.

Commercial bribery, in the context of the fight against the unfair competition - giving a bribe in the form of money, goods, or any other form within the framework of commercial activities, as well as a secret or unrecorded offer of a discount or commission to: 

  1. an employee of the other party to a transaction;
  2. the entity or individual authorized by the other party to a transaction to handle relevant affairs;
  3. an entity or an individual that uses power or influence to affect a transaction.

However, a discount and payment of a commission to an intermediary will not be considered a violation if it is properly recorded in the accounting records.

Sanctions

Legal entities are sanctioned for corruption offenses with fines and confiscation of illegal gains.

Under the Law against Unfair Competition, sanctions for bribery include confiscation of illegal gains and fines ranging from 100 000 to 3 million yuan, and in particularly serious cases, the revocation of the business license.

In 2021, a system of blacklists of persons guilty of corruption offenses was also introduced. In the case of blacklisting, offenders may be subject to restrictions on their access to the market in China, as well as confiscation of illegally obtained profits. The authority to maintain the relevant lists and establish liability measures is assigned to provinces, government agencies, and organizations.

Defenses

A bribe-giver can be exempted from liability if:

  • it voluntarily confesses the illegal act before being investigated;
  • it has committed a corruption offense due to extortion and has not received any unlawful benefit from its commission.

In the context of administrative offenses (Law against Unfair Competition), liability does not arise if the organization has sufficient evidence confirming the absence of its guilt (i.e., the purpose of committing illegal actions by its employee was not the search for business opportunities or competitive advantages for the company).

Aggravating and Mitigating Factors

Sanctions for criminal offenses may be mitigated if the defendant:

  • voluntarily confesses the illegal act before being investigated;
  • discloses information about a crime committed by another person, provides critical evidence leading to the discovery of another case, or otherwise provides meaningful assistance to the investigation; 
  • pleads guilty while having exceptional merits before the State.

In administrative offenses (Law against Unfair Competition), sanctions may be mitigated if the offender actively eliminates or alleviates the detrimental consequences of the misconduct.

According to the Opinions on Further Promoting the Simultaneous Investigation of Bribery and Offer of Bribery, if the briber has:

  • voluntarily pleads guilty as stipulated by law, 
  • sincerely repents, 
  • actively cooperates with the investigation, 
  • truthfully informs about the illegal and criminal acts that the discipline inspection and supervision organs have not yet grasped, 
  • actively returns the stolen goods, 
  • reduces losses, 
  • performs meritorious service, or 
  • the case involves major national interests, etc. 

the discipline inspection and supervision organs shall propose lenient punishment to the judiciary in accordance with the law.

Non-Trial Resolutions
Legislation
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Giving of a Bribe to a State Functionary (Article 389 of the Criminal Law) - giving money or property to a public official as well as giving a relatively large amount of money or property to a public official or providing a discount or payment for services to a public official as a part of an economic activity in violation of state regulations to obtain illegal gain. "Relatively large amount" shall be considered an amount of 30,000 yuan.

Giving of a Bribe to a Public Body or Organization (Art. 391 of the Criminal Law) - giving money or property to a government agency, state-owned company, enterprise, institution, or people's organization, as well as providing a discount or payment for services to these entities as part of economic activity in violation of state regulations to obtain illegal gain.

Commercial Bribery (Art. 164 of the Criminal Law) – giving money or property to any employee of a company or enterprise in a relatively large amount to obtain an unlawful benefit.

Sanctions

In the case of bribery of state officials or state bodies and organizations, individuals are liable to imprisonment, up to life imprisonment, and confiscation of property; in the case of commercial bribery, imprisonment for up to 10 years and a fine.

Liability of Foreign Individuals

The Criminal Law shall apply to anyone who commits a crime within the territory and territorial waters and space of the People's Republic of China. The Law may also apply to any foreigner who commits a crime outside the territory and territorial waters and space of the People's Republic of China against the People's Republic of China or any of its citizens if for that crime this Law prescribes a minimum punishment of fixed-term imprisonment of not less than three years.

Legislation
Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

Under the Civil Service Law, when a civil servant performs official duties, he shall withdraw under any of the following circumstances: 

  1. involving personal interests; 
  2. involving the interests of a person with a husband-wife relationship, direct blood relationship, collateral blood relationship within three generations, or near-in-law relationship with the civil servant.

Civil servants who have husband-wife relationships, direct blood relationships, collateral blood relationships within three generations, or near-in-law relationships shall not hold positions directly subordinate to the same leader in the same organ or positions with direct superior-subordinate relationships and shall not engage in organizational, personnel, discipline inspection, supervision, auditing and financial work in the organ where one of the parties holds a leading position.

In addition, civil servants are not allowed to serve as leading members of the industry regulatory or competent departments of enterprises run by their spouses, children and their spouses, or profit-making organizations.

According to Certain Guidelines for the Integrity of Party Members and Leading Cadres in Politics, Communist Party members and leading officials are prohibited from using their authority and positional influence to seek illegitimate interests. 

Gifts

Under the Interim Provisions on the Prohibition of Commercial Bribery, small advertising gifts in accordance with commercial practice will not be considered a bribe in the commercial context.

Civil servants are prohibited from receiving and giving gifts as part of domestic official activities. In foreign official activities, an official may take and keep gifts with a value of less than 200 yuan; for gifts with a market value higher than 200 yuan,the recipient shall fill out a form declaring any gift and hand it over to the competent authorities or the work unit where the recipient belongs to. The term "gift" refers to presents, gift money, gift certificates, and items received at a symbolic low price.

Communist Party members and leading officials are prohibited from using their authority and positional influence to seek illegitimate interests, including:

  • accepting gifts, banquets, travel, fitness, entertainment, and other activities that may affect the fair execution of official duties;
  • accepting gift money, securities, and payment certificates during official activities.
Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

Communist Party members and leading officials are prohibited from privately engaging in profit-making activities, including:

  • doing business or running an enterprise in the name of another person; 
  • owning shares or securities of non-listed companies (enterprises) in violation of regulations; 
  • buying and selling stocks or making other securities investments in violation of regulations; 
  • registering or investing in a company outside the country (overseas); 
  • violating regulations by taking part-time jobs in economic entities, social groups, and other units, receiving remuneration for part-time jobs, and engaging in paid intermediary activities.

These officials are also subject to several prohibitions concerning using authority and positional influence to seek benefits for their relatives.

Revolving Door

Civil Service Law 

Where a civil servant resigns from public office or retires - within 3 years of resignation for civil servants who were formerly leading members and held leading positions at or above the county division level, and within 2 years of resignation for other civil servants - they shall not be hired by enterprises or other organizations directly related to their original position. 

Certain Guidelines for the Integrity of Party Members and Leading Cadres in Politics 

Communist Party members and leading officials are prohibited, within 3 years after resignation or retirement, from accepting employment from private enterprises, foreign-invested enterprises, and intermediary agencies within the area and business scope under the jurisdiction of their original position or personally engaging in profit-making activities related to the business under the jurisdiction of their original position.

United Arab Emirates
Corporate Liability for Corruption
Anti-Corruption Measures
Individual Liability for Corruption
Anti-Corruption Standards in the Public Sector
Pakistan
Liability of Legal Persons for Corruption
• Criminal
• Сivil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

Although there are no specific provisions in criminal legislation on the liability of legal persons for corruption offenses, the existing case law demonstrates that legal persons may be held criminally liable in certain circumstances. In particular, according to the position of the Supreme Court, a company is subject to criminal liability as Article 2 of the Penal Code provides every person shall be liable to punishment under this Code, while under Article 11, "person" includes any company or association, or body of persons, whether incorporated or unincorporated.

Liability of Foreign Companies

Under the provisions of the Penal Code, every person shall be liable to punishment for offenses committed within Pakistan under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.

Grounds for Corporate Liability

Since there are no specific provisions under criminal law on the liability of legal persons, possible approaches to bring organizations liable are based on existing case law.

In particular, the courts may impose sanctions on legal persons:

  • for wrongdoings of any person associated with the company: directors, managers, employees, and other representatives;
  • for wrongdoings committed by a company's "directing mind" in the exercise of their official duties.
Offenses

No separate criminal offenses are provided for legal persons.

Sanctions

The Penal Code does not provide for sanctions imposed on legal entities.

Under the Anti-Money Laundering Act, fines for legal entities can be as high as 100 million rupees.

Defenses

However, according to existing case law, where the offense involves serious fraud or affects the interests of the general public, courts may apply the legal theory of "piercing the corporate veil": if it is proven that high-level individuals of a company (executive director, director, etc.) commit an offense in their personal interests while "covering up" by company interests, the individual concerned will be held liable, not the company.

Aggravating and Mitigating Factors

There is no statutory procedure for holding legal persons liable.

Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

There is no separate offense of active bribery.

However, under Article 165-A of the Penal Code, whoever abets any offense punishable under Section 161 (Public servant taking gratification other than legal remuneration in respect to an official act) or Section 165 (Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant) shall, regardless of whether the offense abetted is committed in consequence of the abetment, be punished with the punishment provided for the offense.

In addition, according to the National Accountability Ordinance, a holder of a public office, or any other person, is said to commit or to have committed the corruption offense if he/she aids, assists, abets, attempts, or acts in conspiracy with a person or a holder of public office accused of an offense.

Sanctions

Under the Penal Code, considering that the same sanctions apply to bribe-givers as to bribe-takers, individuals are subject to imprisonment for up to 3 years and/or a fine.

The National Accountability Ordinance provides for individuals such sanctions as imprisonment for up to 14 years and confiscation of illegally obtained assets.

Liability of Foreign Individuals

Under the provisions of the Penal Code, every person shall be liable to punishment for offenses committed within Pakistan under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)
Gifts

Under the Government Servants (Conduct) Rules, no public servant shall, except with the previous sanction of the Government, accept or permit any member of his/her family to accept, from any person, any gift the receipt of which will place him under any form of official obligation to the donor. If, however, due to very exceptional reasons, a gift cannot be refused, the same may, under intimation to the Cabinet Division, be kept for official use in the Department or Organization in which he is working.

However, under the Office Memorandum "Procedure for Acceptance and Disposal of Gifts", public functionaries except for the President and Head of Government are prohibited from receiving gifts of any kind for their person or for members of their families from diplomats, consular, and other foreign government representatives who are stationed in Pakistan or from any public organization or private individual or firm within the country. 

However, if, due to very exceptional reasons, the gift cannot be declined, it shall invariably be deposited in the Toshakhana [a special body established for the storage of gifts].

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

Loans

No public servant shall lend money to, borrow money from, or place himself/herself under any pecuniary obligation to any person within the local limits of his/her authority or any person with whom he/she has any official dealings. The above rule shall not apply to dealings in the ordinary course of business with a joint stock company, bank, or firm of standing. 

When a government servant is appointed or transferred to a post of such a nature that a person from whom he/she has borrowed money or to whom he/she has otherwise placed himself/herself under a pecuniary obligation will be subject to his/her official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, he/she shall forthwith declare the circumstances to the Government through the usual channel.

Securities

No public servant shall

  • speculate in investments - the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments;
  • make or permit any member of his/her family to make any investment likely to embarrass or influence him/her in the discharge of his/her official duties;
  • make any investment the value of which is likely to be affected by some event of which information is available to him/her as a public servant and is not equally available to the general public. 

If any question arises whether a security or an investment is of the nature referred to in any of the previous sub-rules, the decision of the Government thereon shall be final.

Membership in the Governing Bodies of Organizations

No public servant shall, except with the previous sanction of the Government, take part in the promotion, registration, or management of any bank or company.

Outside Employment

No public servant shall, except with the previous sanction of the Government, engage in any trade or undertake any employment or work other than his/her official duties. Provided that he/she/she may, without such sanction, undertake honorary work of a religious, social, or charitable nature or occasional work of a literary or artistic character, subject to the conditions that his/her official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his/her position or obligations as a public servant but he/she shall not undertake or shall discontinue such work if so directed by the Government. 

No public servant shall associate himself/herself with any private trust, foundation, or similar other institution which is not sponsored by the Government.

Revolving Door
Russia
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• Obligation
List of Anti-Corruption Measures
• Yes
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

Article 19.28 of the Code of the Administrative Offenses of the Russian Federation (CAO) provides for administrative responsibility for unlawful remuneration on behalf of a legal entity.

Liability of Foreign Companies

The CAO applies to administrative offenses committed on the territory of the Russian Federation.

A foreign legal entity that has committed an administrative offense under Article 19.28 outside the Russian Federation but aimed against the interests of the Russian Federation is also subject to administrative liability.

Grounds for Corporate Liability

The law does not specify the list of persons whose actions constitute grounds for corporate liability. The main criterion is the commission of unlawful acts on behalf or in the interests of a legal entity.

Offenses

Illegal transfer, offer or promise on behalf of or in the interests of a legal entity or in the interests of an associated entity to a public official, a person performing managerial functions in a commercial or other organization, a foreign public official or an official of a public international organization of money, securities or other property, the provision of property services or property rights (including where, on the instructions of an official, a person performing managerial functions in a commercial or other organization, a foreign official or an official of a public international organization, money, securities or other property is transferred, offered or promised, property services are provided or property rights are granted to another natural or legal person) for the commission of the act (omission) in the interests of the legal entity or in the interests of its associated entity by the public official, the person performing managerial functions in a commercial or other organization, the foreign public official or the official of a public international organization due to the position held by him/her.

Sanctions

The following sanctions are provided for legal entities:

  • fine - from 1 million rubles to 100 times the amount of illegal remuneration;
  • confiscation of the object of the illicit remuneration;
  • debarment from public (municipal) procurement for two years.
Defenses

The legal entity is exempted from liability if it has contributed to the detection of an administrative offense, the administrative investigation, and/or the detection, uncovering, and investigation of a criminal offense related to the administrative offense, or if extortion occurred.

This exemption from liability does not apply when unlawful remuneration is paid to foreign officials or officials of international organizations in business transactions.

Besides, the provisions of Article 2.1(2) of the CAO provide that a legal entity is considered guilty of an administrative offense only if it is found that it had an opportunity to comply with the established rules and regulations but did not take all the measures it could to ensure their fulfillment.

Aggravating and Mitigating Factors

According to the CAO, the penalty may be mitigated in the case of:

  • remorse of the person who committed the administrative offense;
  • voluntary termination of unlawful behavior by a person who committed the administrative offense;
  • voluntary reporting of the administrative offense by the perpetrator to the body authorized to prosecute such offenses;
  • assisting the body authorized to prosecute administrative offenses in identifying the facts that must be proven in the administrative offense case;
  • prevention by a person who committed the administrative offense of its harmful consequences;
  • voluntary compensation by a person who committed the administrative offense for the harm caused or voluntary rectification of the damage caused;
  • voluntary fulfillment of an order to eliminate the committed violation, issued by the body exercising state control (supervision) and municipal control, by a person who committed the administrative offense prior to the ruling on the administrative offense case.

A judge, body, or official dealing with the administrative case may recognize as mitigating factors other circumstances than those specified in the CAO.

Aggravating circumstances under the CAO include:

  • continuation of unlawful behavior despite the request of authorized persons to cease it;
  • repeated commission of a similar administrative offense;
  • commission of an administrative offense in the face of a natural disaster or other extraordinary circumstances.
Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures

The obligation is stipulated by Article 13.3 of Federal Law No. 273-FZ "On Combating Corruption.

Entities Subject to the Obligation

The obligation applies to all types of organizations.

List of Anti-Corruption Measures

Measures to prevent corruption in the organization may include:

  1. designating departments or persons responsible for the prevention of corruption and other offenses;
  2. ensuring cooperation with law enforcement agencies;
  3. developing and implementing standards and procedures to ensure the organization’s integrity;
  4. adopting a code of ethics and professional conduct of employees;
  5. developing regulations on the prevention and resolution of conflicts of interests;
  6. preventing false accounting and the use of forged documents.
Liability for Lack of Anti-Corruption Measures
Individual Liability for Corruption
Offenses

Criminal Code:

  • Abuse of Authority [in Commercial Sector] (Article 201) - the use by a person performing managerial functions in a commercial or other organization of his/her authority contrary to the legitimate interests of the organization and to obtain benefits and advantages for himself/herself or for other persons or to cause harm to other persons, if this act has caused substantial harm to the rights and legitimate interests of citizens or organizations or the legally-protected interests of society or the state.
  • Commercial Bribery (Article 204) - the illegal transfer of money, securities, or other property to a person performing a managerial function in a commercial or other organization, as well as the unlawful provision of property services or the granting of other property rights (including when the property is transferred, or property services are provided, or property rights are granted to another individual or legal entity on the instructions of such person) for performing acts (omission) for the benefit of the giver or other persons, if such acts (omission) are within the official authority of such person or if he/she, by virtue of his/her official position, may contribute to such acts (omission).
  • Mediation in Commercial Bribery (Article 2041 ) - direct transfer of the object of commercial bribery (illicit remuneration) on the instructions of the giver or receiver of the object of commercial bribery or otherwise assisting these persons in reaching or carrying out an agreement between them to transfer and obtain the object of commercial bribery.
  • Petty Commercial Bribery (Article 2042 ) - commercial bribery in an amount not exceeding 10 000 rubles.
  • Giving of a Bribe (Article 291) - giving a bribe to an official, a foreign official, or an official of a public international organization directly or through an intermediary (including when a bribe is given to another person or entity on the instructions of the official).
  • Mediation in Bribery (Article 2911 ) - direct transfer of a bribe on the instructions of the bribe-giver or the bribe-taker, or otherwise assisting the bribe-giver and/or the bribe-taker in reaching or carrying out the agreement between them to receive or give a bribe.
  • Petty Bribery (Article 2912 ) - taking a bribe, giving a bribe directly or through an intermediary in an amount not exceeding 10 000 rubles.

The Criminal Code provides for a number of other corruption offenses, including in specific areas: state procurement, state defense contracts, hosting of sporting events, etc.

Sanctions

The following sanctions are provided for individuals:

  • сriminal fine;
  • disqualification from holding certain positions or engaging in certain activities;
  • restriction of freedom;
  • community service;
  • corrective labor;
  • forced labor;
  • imprisonment up to 15 years.
Liability of Foreign Individuals

Foreign nationals not permanently residing in the Russian Federation who have committed a crime outside the Russian Federation are liable under the Criminal Code in cases where the crime is directed against the interests of the Russian Federation or a citizen of the Russian Federation, or a stateless person permanently residing in the Russian Federation, as well as in cases provided for in an international treaty of the Russian Federation or any other international instrument containing obligations recognized by the Russian Federation in the sphere of relations regulated by the Criminal Code, if foreign nationals not permanently residing in the Russian Federation have not been convicted in a foreign state and are prosecuted in the territory of the Russian Federation.

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

Public office holders, state and municipal servants, and certain categories of SOEs employees are obliged to inform the employer of such a personal interest in the performance of official duties that may cause a conflict of interests and to take measures to prevent it.

Preventing or resolving a conflict of interests may include changing the position of the official (servant, employee) who is a party to the conflict of interests, including his/her suspension from performing his/her duties in the prescribed manner and/or waiving the benefit that caused the conflict of interests.

Failure to take measures to prevent and resolve conflict of interests is subject to the most severe form of disciplinary punishment - dismissal for loss of trust.

Gifts

Public office holders, state and municipal servants, and certain categories of SOE employees are prohibited from receiving gifts from individuals and legal entities in connection with their official duties.

Gifts received during protocol events, official business trips, and other official events shall be recognized as the property of the Russian Federation, a region of the Russian Federation, or a municipal entity, respectively, and shall be transferred by an act to the relevant state or municipal body. A person who has transferred a gift received during protocol events, official business trips, or other official events may redeem it according to the procedure established by the legal acts of the Russian Federation.

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

Outside Employment

Most public office holders and public servants are prohibited from doing other paid activities outside the office except pedagogical, scientific, and other creative activities.

For certain categories of officials, restrictions related to the outside paid activity are formulated in a different way, e.g.:

  • for civil servants, any outside paid activity is allowed with prior notification of the employer if it does not cause a conflict of interest;
  • customs officials are prohibited from combining their main post with any other paid or unpaid activity, except for pedagogical, scientific, and other creative activity; 
  • for officials of internal affairs bodies, there is a prohibition on outside paid activity, except for pedagogical, scientific, and other creative activities that do not cause a conflict of interests and do not result in deterioration of the performance of duties for the position held by the official.

There are also restrictions on the performance of outside paid activities depending on the sources of their funding, as follows:

  • in case of persons holding state and municipal offices - except when stipulated by law, teaching, scientific and other creative activities may not be financed solely by foreign states, international and foreign organizations, foreign nationals, and stateless persons;
  • in case of state and municipal servants - except when stipulated by law, it is prohibited to engage in paid activities financed solely by foreign states, international and foreign organizations, foreign citizens, and stateless persons without the written permission of the employer.

Membership in the Governing Bodies of Organizations

Except in the cases stipulated by law, a person holding state or municipal office, state or municipal servant is prohibited from being involved in managing a commercial or non-commercial organization.

Persons holding state or municipal offices and state and municipal servants are not allowed to be members of management bodies, boards of trustees or supervisory boards, or other bodies of foreign non-profit, non-governmental organizations, and their subdivisions operating in the territory of the Russian Federation.

Securities Ownership

Any person holding a position requiring the obligation to take measures to prevent and resolve conflict of interests is prohibited from owning securities (stakes, shares in authorized capitals of organizations) if this causes or may cause a conflict of interests. In the case of ownership of such securities (stakes, shares in authorized capitals of organizations), the official must put them into trust management in accordance with the civil law of the Russian Federation.

Revolving Door

An individual holding a public official position included in the list of designated positions cannot, for a period of two years after his/her dismissal from that position, be employed by an organization on the basis of an employment contract or a civil law contract, if certain functions of public administration of that organization were part of his/her official duties, without the consent of the commission for compliance with the requirements of official conduct and regulation of conflicts of interests.

Saudi Arabia
Corporate Liability for Corruption
Anti-Corruption Measures
Individual Liability for Corruption
Anti-Corruption Standards in the Public Sector
Tajikistan
Liability of Legal Persons for Corruption
• Administrative
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

The legislation does not provide separate corpus delicti of corruption for legal entities. However, organizations can still be held administratively liable in certain cases for administrative offenses committed by individuals.

In accordance with Article 31 of the Code of Administrative Offenses (CAO), if it is not specified that the established norms apply only to an individual or a legal entity, they equally apply to both individuals and legal entities, except in cases where the meaning of these norms relate and can be applied only to an individual or a legal entity.

Liability of Foreign Companies

Foreign nationals, stateless persons, and foreign legal entities (their representative offices, branches, etc.) being on the territory of the Republic of Tajikistan shall bear administrative liability for committing administrative offenses on a general basis, except for foreign citizens enjoying the right of diplomatic immunity.

Grounds for Corporate Liability

A legal entity may be held administratively liable for actions or omissions of an individual found guilty of an administrative offense if it is established that this individual, being a representative (member, head) of a legal entity, committed illegal actions for its benefit.

Offenses

Art. 671 of the CAO establishes administrative liability for providing tangible and intangible benefits, services, and advantages to officials and equivalent persons authorized to perform public functions to induce them to a corresponding action (act or omission) in the interests of the person providing these benefits or services in the absence of evidence of a crime.

In addition, a legal entity shall be held administratively liable if it is established that it had the possibility of complying with the rules and norms, for violation of which administrative responsibility is provided, but did not take all measures depending on it to comply with them.

Sanctions

The following types of penalties can be applied to legal entities:

  • administrative fine;
  • administrative suspension of licenses to carry out certain types of activities;
  • deprivation of licenses to carry out certain types of activities;
  • administrative suspension of certain types of activities;
  • forcible removal of an item that was the instrument or direct object of an administrative offense;
  • confiscation of the item that was the instrument or direct object of the administrative offense.
Defenses

However, the judge, authorized public body, or authorized official considering the case on administrative offense may release the person who committed the administrative offense from administrative liability and penalties and limit the punishment to an oral reprimand if the administrative offense is of minor significance. An offense is recognized as of minor significance if it caused material damage to a natural person in the amount of up to 1 calculation index (68 Tajik Somoni) and to a legal entity up to 10 calculation indexes (680 Tajik Somoni).

Aggravating and Mitigating Factors

Circumstances mitigating administrative liability are:

  • sincere remorse of the perpetrator of an administrative offense;
  • voluntary reporting by the perpetrator of an administrative offense;
  • prevention by the perpetrator of harmful consequences of an administrative offense, voluntary reimbursement of harm, or elimination of the damage caused;
  • committing the administrative offense under the influence of threat, coercion, or due to functional, material, or other dependence.

Circumstances aggravating administrative liability include:

  • continuing unlawful behavior, despite the requests of authorized persons to cease it;
  • repeated commission of a similar administrative offense within a year if the offender has already been subjected to administrative penalty for the first administrative offense, for which the limitation period has not expired.
Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Giving a bribe to a public official, a foreign public official, or an official of an international organization directly or through an intermediary (Article 320(1) of the Criminal Code).

Giving a bribe to a public official, a foreign public official, or an official of an international organization for knowingly committing illegal acts (omission) or giving a bribe repeatedly (Article 320(2) of the Criminal Code).

Commercial Bribery (Art. 279 of the Criminal Code) - unlawful giving of money, securities, or other property, as well as illegal providing of services of material nature to a person performing managerial functions in commercial or other organization for performing acts (omission) in the interests of the giver by virtue of the position held by this person.

Provision of tangible and intangible benefits to officials authorized to perform public functions (Article 671 of the CAO) - Provision of tangible and intangible benefits, services, and advantages to officials and equivalent persons authorized to perform public functions to induce them to a corresponding action (act or omission) in the interests of the person providing these benefits or services in the absence of evidence of a crime.

Sanctions

Giving a bribe - imprisonment for up to 10 years and a fine of up to 9125 calculation units (620,500 Tajik Somoni).

Commercial bribery - a fine of up to 800 calculation units (54,400 Tajik Somoni) or deprivation of the right to hold certain positions or engage in certain activities for up to 2 years or restriction of freedom for up to 3 years or imprisonment for up to 4 years.

Provision of tangible and intangible benefits to officials authorized to perform public functions - a fine of up to 30 calculation units (2040 Tajik Somoni).

Liability of Foreign Individuals

Under Article 14 of the Criminal Code, a person who commits a crime on the territory of Tajikistan shall be held liable in accordance with the Criminal Code. The term "committing a crime in the territory of Tajikistan" means an act that was:

  • started, continued, or was completed on the territory of Tajikistan;
  • was committed outside of Tajikistan, provided that the criminal result was achieved in Tajikistan;
  • was committed on the territory of Tajikistan, provided that the criminal result was achieved outside Tajikistan;
  • was committed in conspiracy with persons carrying out criminal activities in another country.

Under Article 32 of the Code of Administrative Offenses, foreign nationals, stateless persons, and foreign legal entities (their representative offices, branches, etc.) being on the territory of the Republic of Tajikistan shall bear administrative liability for committing administrative offenses on a general basis, except for foreign citizens enjoying the right of diplomatic immunity.

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

According to the Code of Ethics of a Public Servant of the Republic of Tajikistan, public servants are required to take measures to prevent conflicts of interests, resolve arising cases of conflict of interests, and avoid actions related to the influence of personal, pecuniary (financial), commercial and other interests and hindering the performance of official duties in good faith.

In accordance with the Law on Public Service, if a public servant's personal interest interferes with the performance of his/her official duties, contradicts public interest, or causes other situations of conflict of interest, he/she must inform the head of the public body authorized to appoint and dismiss the public servant. 

Gifts

According to the Code of Ethics of a Public Servant, a civil servant must avoid receiving and giving gifts for the performance of functions of public authorities and their official duties, including business trips, both in material (money, gifts) and non-material (services) form.

The Law on Combating Corruption establishes the following prohibitions for public officials:

  • to receive from individuals and legal entities remuneration (in the form of money, goods, services, payment for recreation, transportation costs, etc.) for services provided in connection with the exercise of their authority or for not providing services in the interests of another person, as well as to provide gifts and favors to superior officials;
  • to carry out domestic and foreign tourist trips at the expense of individuals and legal entities, including foreign ones, to receive medical treatment and recreation, except for trips at the invitation of relatives and trips carried out in accordance with international legal acts or by agreement between public bodies of Tajikistan and public bodies of foreign countries and international organizations, carried out at their expense. 

In addition, failure to comply with certain restrictions related to receiving gifts will be considered a corruption-related offense, namely:

  • acceptance of gifts (except for symbolic souvenirs and courtesy gifts received during the protocol and other official events, the total value of which does not exceed 100 calculation units within a year) and use of other services in connection with the performance of state or equivalent functions from persons dependent on them;
  • acceptance by public officials of any additional remuneration for their work in the form of money, services, and other forms from state bodies and organizations in which this/her official does not perform the corresponding functions, as well as from non-state organizations, public associations, individuals, unless otherwise provided by law.
Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

The Law on Public Service establishes the following prohibitions for public servants:

  • to be involved in the management of a business company or other commercial organization, including in the management bodies of a commercial organization, membership in which is impossible without a special personal expression of will, except in cases provided for by law;
  • to be members of governing bodies, supervisory or trustee councils, and other bodies of foreign non-profit organizations and their structural subdivisions in Tajikistan, unless otherwise provided by law or international treaties.

In accordance with the Law on Combating Corruption, public officials are prohibited from engaging in outside paid work except for scientific, creative, and pedagogical activities.

The same law establishes that corruption-related offenses include:

  • participation as attorneys for individuals or legal entities in disputes with the public authority in which the official serves or to which he/she is subordinate or whose activities he/she controls, including participation as a public defender or representative (except in cases of legal representation) in civil, economic, criminal and administrative cases;
  • engaging in entrepreneurial activities, participating in the management of a business company or other commercial organization, including in the management bodies of a commercial organization, membership in which is impossible without a special personal expression of will, except in cases provided for by law;
  • membership in governing bodies, boards of trustees or supervisory boards, other bodies of foreign non-profit organizations, and their structural subdivisions operating in Tajikistan, unless otherwise provided by law or international treaties.

At the same time, under the Law on Combating Corruption and the CAO, it is a corruption-related offense for a public official to use advantages not provided for by law in obtaining and returning credits, loans from banks and other organizations, purchasing securities, real estate, and other property, paying state taxes and fulfilling other obligations.

Revolving Door
Uzbekistan
Liability of Legal Persons for Corruption
• Civil liability
Liability of Foreign Companies
• No
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption
Liability of Foreign Companies
Grounds for Corporate Liability
Offenses
Sanctions
Defenses
Aggravating and Mitigating Factors
Non-Trial Resolutions
Legislation
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Giving of a Bribe (Article 211 of the Criminal Code) - knowingly illegal giving to an official of a public body, organization with state participation or self-governing authority of citizens, directly or through an intermediary, of material benefits or pecuniary gain for performance or non-performance in the interests of the bribe-giver of a specific action, which the official must or could perform using his/her official position.

Bribing an employee of a public body, an organization with state participation or a self-governing authority of citizens (Article 213 of the Criminal Code) - knowingly illegal giving to an employee of a public body, organization with state participation or a self-governing authority of citizens of material benefits or pecuniary gain for performance or non-performance in the interests of the bribe-giver of a specific action, which the employee must or could perform using his/her official position, committed after an administrative punishment for the same actions.

Mediation in Bribery (Art. 212 of the Criminal Code) – acting to reach an agreement to receive or give a bribe, as well as directly transferring a bribe on behalf of interested parties.

Commercial Bribery (Article 192.9 of the Criminal Code) - knowingly unlawfully giving to an official of a non-state commercial or other non-state organization material benefits or pecuniary gain for performance or non-performance in the interests of the bribe-giver of a specific action, which the said official must or could perform using his/her authority.

Bribery of an employee of a non-state commercial or other non-state organization (Article 192.10 of the Criminal Code) - knowingly unlawfully giving an employee of a non-state commercial or other non-state organization material benefits or pecuniary gain for the performance or non-performance in the interest of the bribe-giver of specific actions, which the employee must or could perform using his/her authority, committed after an administrative punishment for the same actions.

Bribery of an employee of a non-state commercial or other non-state organization (Article 61.1 of the Code of Administrative Liability) - knowingly unlawfully giving an employee of a non-state commercial or other non-state organization material benefits or pecuniary gain for the performance or non-performance in the interest of the bribe-giver of a particular action which the employee must or could perform using his/her authority.

Bribery of an official of a public body, organization with state participation or a self-governing authority of citizens (Article 193.1 of the Code of Administrative Liability) - knowingly unlawfully giving an official of a public body, organization with state participation or a self-governing authority of citizens material benefits or pecuniary gain for the performance or non-performance in the interest of the bribe-giver of an action which the official must or could perform using his/her authority.

Sanctions

Giving of a bribe (to an official of a public authority/organization), mediation in bribery - fine of up to 100 basic calculation units (30 million Uzbek Soums), or restriction of freedom for up to 5 years, or imprisonment for up to 15 years.

Bribery of an employee of a public authority/organization - fine of up to 100 basic calculation units, or community service of up to 360 hours, or corrective labor for up to 3 years, or restriction of freedom for up to 5 years, or imprisonment for up to 8 years. 

Bribery of an official of a non-governmental organization - a fine of up to 300 basic calculation units (90 million Uzbek Soums), or corrective labor for up to 3 years, or restraint of freedom for up to 5 years, or imprisonment up to 8 years; 

Bribery of an employee of a non-governmental organization - a fine of up to 30 basic calculation units (9 million Uzbek Soums), or community service for up to 240 hours, or corrective labor for up to 1 year.

Commercial Bribery - a fine of up to 300 basic calculation units (90 million Uzbek Soums), or community service for up to 300 hours, or corrective labor for up to 3 years, or restriction of freedom for up to 5 years, or imprisonment for up to 5 years.

Liability of Foreign Individuals

According to the Criminal Code, a person who commits a crime on the territory of Uzbekistan shall be held liable in accordance with the Code. "Committed in the territory of Uzbekistan" means that an act was:

  • started, continued, or completed on the territory of Uzbekistan;
  • was committed outside of Uzbekistan, provided that the criminal result was achieved in Uzbekistan;
  • was committed on the territory of Uzbekistan, provided that the criminal result was achieved outside Uzbekistan;
  • constitutes, cumulatively or along with other acts, a crime, part of which was committed on the territory of Uzbekistan.

Under the Code of Administrative Liability, foreign nationals on the territory of Uzbekistan are subject to administrative liability on general grounds.

Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

In accordance with the Law on Civil Service, in case of conflict of interests, a civil servant is required to immediately inform in writing his supervisor or upper-level public body, which, in turn, is required to promptly take measures to resolve it.

According to the Model Code of Ethics, civil servants should not allow personal interests that cause or may cause a conflict of interests in the performance of their duties or functions; if a conflict of interests arises, a civil servant should immediately inform their supervisor, who, in turn, should promptly take measures to prevent or resolve the conflict.

The pending Draft Law on Prevention of Conflict of Interests provides that officials of public bodies and organizations are obliged to inform their direct supervisor or a special division about a conflict of interest prior to making a corresponding decision and to report conflicts of interest in relation to other officials of that body (organization). In addition, according to the draft law, officials (employees) and their relatives must submit an annual declaration of interests.

The draft law also provides a number of prohibitions aimed at preventing conflicts of interests, i.e. : 

  • seeking personal gain through abuse of official authority; 
  • knowingly providing false or misleading information or concealing such information when disclosing conflict of interests; 
  • being employed by an organization that is subordinate to a state body (organization) or under its common control, unless other requirements and conditions are stipulated by law;  
  • being a founder (shareholder, participant) of a commercial organization, except when owning less than 10% of the shares of a publicly traded company; 
  • owning shares or stakes in the authorized fund (authorized capital) of commercial organizations, which are objects of control of the body (organization) in which an official holds the post, as well as being a member of their management and supervisory bodies, except in cases when this activity is considered an official duty in accordance with the law. The same prohibition is established for close relatives of the official;
  • participating as a representative in cases involving him/herself, his/her close relatives, or persons related to him/her in the body (organization) in which he/she holds the post unless he/she is considered a legal representative in accordance with the law; 
  • participating in purchase and sale, granting or leasing property of the body (organization) in which he/she holds the post, or allowing close relatives to participate in it, except for the cases of sale through electronic auction.
Gifts

Under the Law on Civil Service, civil servants are prohibited from accepting any gifts from natural or legal persons for the performance or non-performance of their official duties in the interest of such persons. The exception to this provision are gifts received for special merits based on a relevant decision of a public body, as well as gifts received as a result of achievements in competitions, awards in connection with public holidays, important dates, and other official events, as well as gifts the value of which does not exceed 5 basic calculation units (1.5 million Uzbek Soums), and gifts received during business trips and in connection with international and other official events. In addition, employees are prohibited from receiving any remuneration, benefits, or gifts from individuals and legal entities for the performance or non-performance of their official duties in the interests of those individuals or legal entities.

The Model Code of Ethics provides that civil servants cannot receive remuneration, benefits, or gifts for the performance or non-performance of their official duties in the interests of natural and legal persons and should not accept valuable gifts from managers and employees of entities and organizations related to the performance of their official duties as well as other public officials, even outside the working hours.

Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

According to the Civil Service Act, civil servants are prohibited from, inter alia: 

  • engaging in outside remunerated activities apart from pedagogical, scientific, and creative activities, except in cases stipulated by law;
  • engaging in entrepreneurial activity
  • creating entities of entrepreneurial activity, being their founder (participant), carry out organizational and management, administrative and economic functions in the entity of entrepreneurial activity, except for the cases of owning free-floating shares of joint stock companies within the requirements established by law;
  • acquiring, directly or through representatives, shares, and stocks in organizations under the control of the public body where he/she serves or with which he/she has connections and interests;
  • opening and maintaining accounts, owning immovable and other property located outside the territory of the Republic of Uzbekistan, except for accounts opened for the purpose of training, internships, and use of medical services in a foreign country, as well as property acquired and reported prior to entering the civil service.

The Model Code of Ethics provides that civil servants may not engage in entrepreneurial or other outside paid activity (apart from pedagogical, scientific, and creative activities) except in cases stipulated by law.

According to the Draft Law on Prevention of Conflict of Interests, civil servants (employees) are prohibited to: 

  • be employed by an organization that is subordinate to a public body (organization) or is under its general control, except in cases where other requirements and conditions are prescribed by law; 
  • be a founder (shareholder, participant) of a commercial organization, except when owning less than 10% of publicly traded shares in a joint stock company; 
  • own shares or stocks in the authorized fund (authorized capital) of commercial organizations, which are objects of control of the body (organization) in which he/she holds the post, as well as a member of their governing and supervisory bodies, except for cases when this activity is considered an official duty in accordance with the law. The same prohibition is established for close relatives of the official.
Revolving Door

However, the Draft Law on Prevention of Conflict of Interests provides that public servants (employees) may, within 2 years after leaving their position, be employed by public entities, institutions, organizations, or their units over which they exercised direct or indirect control while holding their position, only based on the conclusion of officials performing anti-corruption control functions in these organizations. 

Ethiopia
Corporate Liability for Corruption
Anti-Corruption Measures
Individual Liability for Corruption
Anti-Corruption Standards in the Public Sector
South Africa
Liability of Legal Persons for Corruption
• Criminal
• Civil
Liability of Foreign Companies
• Yes
Obligation to Adopt Anti-Corruption Measures
• No
List of Anti-Corruption Measures
• No
Liability of Foreign Individuals
• Yes
Corporate Liability for Corruption
Liability of Legal Persons for Corruption

Liability for offenses provided by the Prevention and Combating of Corrupt Activities Act may be imposed on individuals and legal entities. 

Liability of Foreign Companies

Any act alleged to constitute an offense under the Prevention and Combating of Corrupt Activities Act which is committed outside the Republic of South Africa shall, regardless of whether or not the act constitutes an offense or not at the place of its commission, be deemed to have been committed also in the Republic if that -

  1. act affects or is intended to affect a public body, a business or any other person in the Republic;
  2. person is found to be in South Africa; and 
  3. person is for one or other reason not extradited by South Africa or if there is no application to extradite that person.
Grounds for Corporate Liability

There are no particular regulations concerning liability of legal persons.

Offenses

Any person who directly or indirectly gives or agrees or offers to give to any other person any gratification for the benefit of that other person or for the benefit of another person in order to act personally or by influencing another person so to act in a manner -

  • that amounts to the illegal, dishonest, unauthorized, incomplete, or biased; or
  • that amounts to the misuse or selling of information or material acquired in the course of the exercise, carrying out, or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;
  • that amounts to the abuse of a position of authority, a breach of trust, or the violation of a legal duty or a set of rules;
  • designed to achieve an unjustified result; or
  • that amounts to any other unauthorized or improper inducement to do or not to do anything,

is guilty of the offense of corruption.

Similar actions committed against certain categories of persons (public officers, foreign public officers, judicial officers, etc.) are highlighted as separate corpus delicti of bribery.

Offering of unauthorized gratification to party to an employment relationship (Article 10) is a situation where any person who, directly or indirectly, gives or agrees or offers to give to any person who is a party to an employment relationship any unauthorized gratification, whether for the benefit of that party or for the benefit of another person in respect of that party doing any act in relation to the exercise, carrying out, or performance of that party's powers, duties, or functions within the scope of that party's employment relationship.

In addition, there are separate corpus delicti of corruption crimes in various areas (public procurement, sporting events, gambling, etc.).

There are also such crimes as:

  • knowing that property or any part of any gratification is the subject of an offense, directly or indirectly, whether on behalf of himself/herself  or on behalf of any other pers, entering into or causing to be entered into any dealing in relation to such property, or using or causing to be used, or holding, receiving, or concealing such property or any part thereof;
  • attempting, conspiring with any other person, or aiding, abetting, inducing, inciting, instigating, instructing, commanding, counseling or procuring another person to commit an offense in terms of the Act.
Sanctions

Fines, the amount of which is not limited. In addition to any fine, the court may impose a fine equal to five times the value of the gratification involved in the offense.

Perpetrators of corruption crimes may be put on a special Register, which means a prohibition on doing business with public bodies and organizations.

Defenses
Aggravating and Mitigating Factors

There is no statutory procedure for holding legal persons liable.

Non-Trial Resolutions
Anti-Corruption Measures
Obligation to Adopt Anti-Corruption Measures
Entities Subject to the Obligation
List of Anti-Corruption Measures
Liability for Lack of Anti-Corruption Measures
Legislation
Individual Liability for Corruption
Offenses

Any person who directly or indirectly gives or agrees or offers to give to any other person any gratification for the benefit of that other person or for the benefit of another person in order to act personally or by influencing another person so to act in a manner -

  • that amounts to the illegal, dishonest, unauthorized, incomplete, or biased; or
  • that amounts to the misuse or selling of information or material acquired in the course of the exercise, carrying out, or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation;
  • that amounts to the abuse of a position of authority, a breach of trust, or the violation of a legal duty or a set of rules;
  • designed to achieve an unjustified result; or
  • that amounts to any other unauthorized or improper inducement to do or not to do anything,

is guilty of the offense of corruption.

Similar actions committed against certain categories of persons (public officers, foreign public officers, judicial officers, etc.) are highlighted as separate corpus delicti of bribery.

Offering of unauthorized gratification to party to an employment relationship (Article 10) is a situation where any person who, directly or indirectly, gives or agrees or offers to give to any person who is a party to an employment relationship any unauthorized gratification, whether for the benefit of that party or for the benefit of another person in respect of that party doing any act in relation to the exercise, carrying out, or performance of that party's powers, duties, or functions within the scope of that party's employment relationship.

In addition, there are separate corpus delicti of corruption crimes in various areas (public procurement, sporting events, gambling, etc.).

There are also such crimes as:

  • knowing that property or any part of any gratification is the subject of an offense, directly or indirectly, whether on behalf of himself/herself  or on behalf of any other pers, entering into or causing to be entered into any dealing in relation to such property, or using or causing to be used, or holding, receiving, or concealing such property or any part thereof;
  • attempting, conspiring with any other person, or aiding, abetting, inducing, inciting, instigating, instructing, commanding, counseling or procuring another person to commit an offense in terms of the Act.
Sanctions

For crimes of corruption:

  • if a sentence to be imposed by a High Court - a fine or imprisonment up to a period for imprisonment for life; 
  • if a sentence to be imposed by a regional court - a fine or imprisonment for a period not exceeding 18 years; 
  • if of a sentence to be imposed by a magistrate's court - a fine or imprisonment t for a period not exceeding 5 years. 

The same penalties may be imposed in case of attempting, conspiring with any other person, or aiding, abetting, inducing, inciting, instigating, instructing, commanding, counseling or procuring another person to commit an offense. In addition to any fine, the court may impose a fine equal to five times the value of the gratification involved in the offense.

Knowing that property or any part of any gratification is the subject of an offense, directly or indirectly, whether on behalf of himself/herself  or on behalf of any other pers, entering into or causing to be entered into any dealing in relation to such property, or using or causing to be used, or holding, receiving, or concealing such property or any part thereof, is punishable for individuals by a fine or imprisonment of up to 10 years in the case of a sentence to be imposed by a High Court or 3 years in the case of a sentence to be imposed by a magistrate's court.

Those guilty of committing corruption offenses related to contracting and public procurement can be placed on a special Register, which means a ban on doing business with government agencies and organizations.

Liability of Foreign Individuals

Any act alleged to constitute an offense under the Prevention and Combating of Corrupt Activities Act which is committed outside the Republic of South Africa shall, regardless of whether or not the act constitutes an offense or not at the place of its commission, be deemed to have been committed also in the Republic if that -

  1. act affects or is intended to affect a public body, a business or any other person in the Republic;
  2. person is found to be in South Africa; and 
  3. person is for one or other reason not extradited by South Africa or if there is no application to extradite that person.
Anti-Corruption Standards in the Public Sector
Conflict of Interests (CoI)

The Public Service Regulations require an employee to recuse herself or himself from any official action or decision­making process which may result in improper personal gain, and this shall immediately be properly declared by the employee.

In addition, employees are required to annually disclose particulars of all his/her interests.

According to the Executive Members’ Ethics Act, Cabinet members, Deputy Ministers, and members of the Executive Council are prohibited from exposing themselves to any situation involving the risk of a conflict between their official responsibilities and their private interests.

In addition, these senior officials are required to disclose all their financial interests when assuming office and any financial interests acquired after their assumption of office, including 5 any gifts, sponsored foreign travel, pensions, hospitality and other benefits of a material nature received by them or by such persons having a family or other relationship with them as may be determined in the code of ethics.

Gifts

In accordance with the Public Service Regulations, employees are prohibited:

  • to receive, solicit or accept any gratification from any employee or any person in return for performing or not performing his/her official duties;
  • to receive or accept any gift from any person in the course and scope of his/her employment, other than from a family member, to the cumulative value of R350 per year, unless prior approval is obtained from the relevant executive authority.
Outside Employment, Membership in the Governing Bodies of Organizations, Securities Ownership, Obtaining of Loans

According to the Public Service Act, no officer or employee shall perform or engage himself/herself  to perform remunerative work outside his/her employment in the public service, without permission granted on the recommendation of the Commission by the relevant executing authority or an officer authorized by such authority.

Under the Public Service Regulations, an employee shall not conduct business with any organ of state or be a director of a public or private company conducting business with an organ of state, unless such employee is in an official capacity a director of a company listed in schedule 2 and 3 of the Public Finance Management Act 

According to the Executive Members’ Ethics Act, Cabinet members, Deputy Ministers, and members of the Executive Council are prohibited from undertaking any other paid work.

Revolving Door
The database is aimed primarily at companies operating in international markets. It provides structured information about national legal provisions on the liability of foreign companies and their employees for corruption offenses, the requirements for companies to adopt anti-corruption measures, as well as the prohibitions and restrictions covering public officials who can interact with such companies.
FCPA infographic guide

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