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What is a benefit in a charge of bribery of a foreign official?

A benefit in relation to a bribery charge is defined in the Code as “includes any advantage and is not limited to property,” which is unhelpfully wide so as to sweep up most dealings, financial or otherwise, that spring to mind.

A business advantage is defined (again very unhelpfully) as “an advantage in the conduct of business.”

An oft-used example, but one worth bearing in mind, is that if an Australian company’s joint venture partner receives an advantage through a bribe payment, then this will be caught by the definition. However, in this situation, one would look to the issue of intent and what was entered into knowingly by the Australian company.

Have you been charged with bribery of a foreign official or want learn more? Read on: