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Report No. 258

7. Persons not guilty of offence in certain circumstances.

(1) No person is guilty of an offence under this Act if the offer, promise or giving of any advantage, which was made to a foreign public official or official of a public international organisation, was a reasonable and bona fide expenditure, such as travel and lodging expenses, incurred by or on behalf of such foreign public official or official of a public international organisation and was directly related to:

(a) the promotion, demonstration, or explanation of products or services; or

(b) the execution or performance of a contract with a foreign country or public international organisation.

(2) No person is guilty of an offence under this Act if the offer, promise or giving of any advantage is permitted under the laws of the foreign country or public international organization for which the foreign public official or official of a public international organisation performs duties or functions.

(3) No person is guilty of an offence under this Act if the offer, promise or giving of any advantage, is made to expedite or secure the performance by a foreign public official or official of a public international organisation of any act of a routine nature that is part of the duties or functions of the foreign public official or official of the public international organisation, such as:

(a) the issuance of a permit, licence or other document to qualify a person to do business;

(b) the processing of official documents, such as visas and work permits;

(c) the provision of services normally offered to the public, such as mail pick-up and delivery, telecommunication services and power and water supply; and

(d) the provision of services normally provided as required, such as police protection, loading and unloading of cargo, the protection of perishable products or commodities from deterioration or the scheduling of inspections related to contract performance or transit of goods.

Explanation: For removal of doubts, it is clarified that a decision about whether to award new business; or to continue existing business with a particular person; or the terms of such new or existing business; shall not be regarded as any act of a routine nature for the purpose of sub-section (3).



Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations - A Study and Proposed Amendments Back




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