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Bribery of Foreign Public Officials Bill

This is the text of the Bribery of Foreign Public Officials Bill, as presented to the House of Commons on 14th March 2001.

 
 
  
Bribery of Foreign Public Officials Bill
 
 
 

 
 
A

B I L L

TO

Make provision for combating the bribery of foreign public officials in international business transactions by implementing the OECD Convention of 1997; to amend the Prevention of Corruption Acts 1889 to 1916; to make further provision for the investigation of, and about the jurisdiction of courts in England and Wales in relation to, certain bribery offences; to amend the Criminal Justice Acts 1987 and 1993; to make provision about the powers of the Attorney General in relation to such offences; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Bribing of foreign public officials.     1. - (1) The Prevention of Corruption Acts 1889 to 1916 shall be construed so that a bribing offence committed in respect of a public body, public office, person, agent or principal outside the United Kingdom shall constitute an offence under those Acts, if the conduct involved would have constituted such an offence if committed in respect of a public body, public office, person, agent or principal within the United Kingdom.
 
      (2) "Bribing offence" means an offence under section 1(2) of the Public Bodies Corrupt Practices Act 1889 or an offence under section 1(1) of the Prevention of Corruption Act 1906 consisting of corruptly giving or agreeing to give or offering any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
 
      (3) The expression "public body, public office, person, agent or principal outside the United Kingdom" in subsection (1) above shall include any body or person with legislative, administrative or judicial functions of, or exercising a public function for, a foreign country (including a public agency or public enterprise) and shall further include any official or agent of a public international organisation.
 
      (4) A bribing offence under subsection (1) shall constitute an offence, whether the conduct involved is carried out directly or through intermediaries.
 
      (5) In construing the Prevention of Corruption Acts 1889 to 1916 for the purpose of subsection (1), there shall be omitted from the definition of "public body" in section 7 of the Public Bodies Corrupt Practices Act 1889 the words "but does not include any public body as above defined existing elsewhere than in the United Kingdom".
 
Extended and extra-territorial jurisdiction.     2. - (1) A bribing offence under section 1 shall be added to the list of Group A offences in sction 1(2) of the Criminal Justice Act 1993.
 
      (2) Whether or not a "relevant event" (as defined in section 2(1) of the Criminal Justice Act 1993) occurred in England and Wales, a person commits a bribing offence under section 1 above where at the time of the alleged offence-
 
 
    (a) the person is a British citizen or resident in England and Wales;
 
    (b) the person is a body corporate incorporated or operating in England and Wales.
Powers of the Serious Fraud Office.     3. Section 1(3) and (5)(a) of the Criminal Justice Act 1987 shall be amended by the insertion after the word "fraud" of the words "or corruption" and that Act shall be construed in all respects as applying to serious or complex corruption as it does to serious or complex fraud.
 
Removal of restriction on prosecution.     4. Section 4(1) of the Public Bodies Corrupt Practices Act 1889 and section 2(1) of the Prevention of Corruption Act 1906 shall not apply to the prosecution of a bribing offence under section 1 above.
 
Extent.     5. This Act extends to England and Wales only.
 
Citation.     6. This Act may be cited as the Bribery of Foreign Public Officials Act 2001, and this Act and the Prevention of Corruption Acts 1889 to 1916 may be cited together as the Prevention of Corruption Acts 1889 to 2001.
 
 

 
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