Doogue + George

Elements of the charge bribery of a foreign official

What the Law states – Bribing a foreign public official

Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 – SECT 70.2

70.2. Bribing a foreign public official
      (1) A person is guilty of an offence if:
           (a) the person:
                 (i) provides a benefit to another person; or
                (ii) causes a benefit to be provided to another person; or
               (iii) offers to provide, or promises to provide, a benefit to another person; or
               (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

          (b) the benefit is not legitimately due to the other person; and

          (c) the first-mentioned person does so with the intention of influencing a foreign public official (who may be the other person) in the exercise of the official’s duties as a foreign public official in order to:
               (i) obtain or retain business; or
              (ii) obtain or retain a business advantage that is not legitimately due to the recipient, or intended recipient, of the business advantage (who may be the first-mentioned person).

What the Prosecution must prove – Bribing a foreign public official – Commonwealth

  • The accused either directly, or through another person, makes a payment or provides a benefit to another person; and
  • That payment or benefit was not legitimately due to the other person (the Act specifically states that the fact that such payments are “customary” or officially tolerated in a particular country does not excuse such payments); and
  • The accused made the payment with the intention of influencing a foreign public official to obtain business.

Have you been charged with bribery of a foreign official or want learn more? Read on. Contact our criminal lawyers in Melbourne to discuss your case.