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Report No. 258

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

Contents
Chapter I Introduction
Introduction (1)
Introduction (2)
Chapter II The Scope and Application of the United Nations Convention against Corruption
The Scope and Application of the United Nations Convention against Corruption (1)
The Scope and Application of the United Nations Convention against Corruptio (2)
Chapter III Bribery Laws in other Jurisdictions
Bribery Laws in other Jurisdictions
A. Australia32
B. Austria33
C. Canada34
D. E1 Salvador35
E. Malaysia36
F. Republic of Korea (South Korea)37
G. South Africa39
H. Switzerland40
I. United States41
J. United Kingdom42
Chapter IV Critical Analysis of the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015
Critical Analysis of the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015
A. Preamble
B. Clause 1
C. Clause 2
D. Clause 3
E. Clause 4
Prohibition for giving gratification to foreign public official or officials of public international organisations
Persons not guilty of offence in certain circumstances
Liability of commercial organisations for offences under this Act
F. Clause 5
G. Clause 6
H. Clause 7
I. Clause 8
J. Clause 9
K. Clause 10
L. Clause 11
M. Clause 12
N to R. Clause 13 to 17
S. Clause 18
T. Clause 19
U. Clause 20
V. Clause 21
W. Clause 22
X. Schedule
Annexure Revised Draft of the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015
The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015
The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2015
Chapter I Preliminary
1. Short title, extent and commencement
2. Definitions
Chapter II Offences and Penalties of Bribery of Foreign Officials and Officials of Public International Organisations
3. Prohibition for accepting gratification by foreign public officials or officials of public international organisations
4. Prohibition for giving gratification to foreign public official or officials of public international organisations
5. Abetment
6. Attempt
7. Persons not guilty of offence in certain circumstances
8. Liability of commercial organisations for offences under this Act
9. Agreements with foreign countries
10. Letter of request to a concerned State in certain cases
11. Assistance to a concerned State in certain cases
12. Reciprocal arrangements for processes and assistance for transfer of accused persons
13. Procedure in respect of letter of request
14. Attachment, seizure and confiscation, etc. of property in a concerned State or India
15. Provisions of Criminal Law Amendment Ordinance, 1994 to apply to attachment under this Act
16. Certain provisions of Act 49 of 1988 to apply
17. Military, Naval and Air Force or other laws not to be affected
18. Appeal and Revision
19. Act to be in addition to any other law
20. Proceedings under this Act to be taken in consultation with concerned State against foreign public official to whom privileges and immunities under any law or Convention or treaty apply
Code of Criminal Procedure, 1973 to apply subject to certain modifications
Power to make rules
Rules and notification to be laid before Parliament
Amendment of certain enactments
The Schedule Amendment of Certain Enactment
Part I The Prevention of Corruption Act, 1988
Amendment to Section 3
Part II The Prevention of Money Laundering Act, 2002 (15 of 2003)
Amendment of Schedule


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