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Anti-Corruption Risk Map – Venezuela

Primary anti-bribery legislation and enforcement agencies

Anticorruption Law 2014

Fair Price Law 2015 (Domestic Bribery)

Law against Organized Crime and Terrorism Financing 2012

Prosecuting agencies: Comptroller General’s Office / Public Prosecutor’s Office / National Anti-Corruption Body

Offences

The Anticorruption Law 2014 establishes different types of bribery:

1. Domestic bribery (private to public)

  • Concussion (qualified extortion): when a public official,1 abusing his or her functions, induces someone to give or promise, to him or her or to another person, a sum of money or any other undue benefit or gift
  • Improper passive corruption (bribe): when a public official, as a result of a certain act related to his or her functions, receives or accepts a promise, for him or her or for others, of retribution or other benefits not due to him or her; the person giving or promising the retribution or benefit shall also be subject to criminal liability.
  • Proper passive corruption (bribe)2: when a public official, with the purpose of delaying or omitting an act corresponding to his or her functions or performing an act contrary to his or her functions, receives or accepts money, a promise or other benefits, directly or indirectly; the person who receives the money, promise or other benefits on account of the public official, and the person who gave or promised the money or other benefits, shall also be subject to criminal liability.
  • Inducement to corruption: when a person who, without achieving his or her objective, insists on persuading or inducing a public official to commit any of the crimes of corruption
  • Agreement with contractors: when a public official who participates by reason of his or her position in the entering into of an agreement or other transaction, negotiates with the interested parties or intermediaries for a specific result to ensue, or uses any maneuver or ruse for this purpose; the person with whom the official agrees to give or promise the wrongful money, benefits or gifts will also be subject to criminal liability.

2. Corruption of foreign public officials3: when anyone who personally, or through third parties, promises, offers or conveys to a public official of a foreign state, directly or indirectly, any object of commercial value or other benefits, favors, promises or advantages, in exchange for an action or omission from the foreign official while exercising his or her public functions related to a commercial, economic or any other kind of transaction

3. Domestic bribery (private to private): when a person, either directly or through a mediator, promises, offers or grants directors, administrators, employees or collaborators of companies, partnerships, associations, foundations or organizations, any kind of benefit or advantage in exchange for favors or benefits either for himself or herself or for another person vis-à-vis others, thus failing to perform his or her obligations with regard to the acquisition or sale of goods or the provision of services; the directors, administrators, employees or collaborators who personally, or through third parties, receive, accept or request such benefit or advantage, will also be subject to criminal liability.

4. Extraterritorial application: the provisions of the Anticorruption Law apply to the persons subject to application even when they perform their duties or carry out their activities outside the territory of Venezuela.

Penalties – Criminal and/or Civil liability

For an individual

1. Domestic bribery (private to public):

  • Concussion (qualified extortion): Imprisonment from two years to six years; fine of up to 50 percent of the value of the thing given or promised
  • Improper passive corruption (bribe): Imprisonment from one year to four years; fine of up to 50 percent of the value of the thing given or promised; confiscation
  • Proper passive corruption (bribe): Imprisonment from three years to seven years; fine of up to 50 percent of the value of the thing given or promised; confiscation
  • Inducement to corruption: Imprisonment from six months to two years, if the inducement was to improper passive corruption; half of the penalty if the inducement was to proper passive corruption
  • Agreement with contractors: Imprisonment from two years to five years, or two years to six years, and a fine of up to 100 percent of the benefit given or promised4

2. Corruption of foreign public officials: Imprisonment from six years to 12 years

3. Domestic bribery (private to private): Imprisonment from four years to six years

Corporate liability:

  1. Domestic bribery (private to public): Legal entities may be subject to monetary fines, confiscation of profits and prohibition from entering into contracts with the public sector.5
  2. Corruption of foreign public officials: Legal entities may be subject to monetary fines, confiscation and prohibition from entering into contracts with the public sector.6
  3. Domestic bribery (private to private): Legal entities may be subject to suspension from the Sole Register of Persons that Engage in Economic Activities (RUPDAE).

 

1 The Anticorruption Law 2014 establishes what is understood as a public official, as well as the persons subject to the law. 2 Proper passive corruption may be subject to aggravating circumstances. 3 There is no specific definition of foreign public official. 4 If the purpose of the crime was to obtain money, gifts or wrongful profits given or offered to the official or to a third party. 5 Penalties may be harsher if it is deemed that the crime was perpetrated by an organized crime group under the Law against Organized Crime and Terrorism Financing 2012. 6 Penalties may be harsher if it is deemed that the crime was perpetrated by an organized crime group under the Law against Organized Crime and Terrorism Financing 2012.

 

This list is to be used as a guide only. It is intended to provide high-level information regarding the primary laws in the specified countries in relation to anti-bribery and anti-corruption laws. Please refer to the relevant legislation for detailed information and to ensure that the information contained in this guide is up-to-date, and refer to the relevant Baker McKenzie contact for the jurisdiction for specific advice.