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Anti-Corruption Risk Map-Cook Islands

By Mathieu Hanaut (Baker McKenzie Sydney)

Primary foreign anti-bribery legislation and enforcement agencies

Crimes Act 1969

There is extraterritorial jurisdiction if:

  • the person to be charged is ordinarily resident in the Cook Islands, or has been found in the Cook Islands and has not been extradited, or is a body corporate incorporated in the Cook Islands;
  • the acts or omissions occurred on board a ship registered in the Cook Islands, or on board a Cook Islands aircraft or onboard an aircraft that is leased to a Cook Islands lessee whose principal place of business is in the Cook Islands or a person who is ordinarily resident in the Cook Islands; and
  • the alleged recipient of the bribe is ordinarily resident in the Cook Islands.

Investigating and prosecuting agency: Cook Islands Police

  • Leave must be obtained from the Attorney General before any person[1] may be prosecuted for an offence under ss112, 115 and 116.
  • Leave must be obtained from a Judge of the High Court before any person can be prosecuted under ss 113 or 114.Offences

Offences

“Bribe” is defined as “any money, valuable consideration, office, or employment, or any benefit whether direct or indirect” (s 110).

It is an offence to bribe:

  • a judicial officer with intent to influence that officer in respect of any act or omission by him in his judicial capacity (s 112(1));
  • a judicial officer or Registrar or Deputy Registrar of any Court in respect of any act or omission in his official capacity (s 112(2));
  • a Minister of the Crown or member of the Executive Council in respect of any act or omission in his capacity as a Minister or member of the Executive Council (s 113(2));
  • a member of the Legislative Assembly in respect of any act or omission in his capacity as a member of the Legislative Assembly (s 114(2));
  • a law enforcement officer in respect of any act or omission in his official capacity (s 115(2)); and
  • any Official in respect of any act or omission in his official capacity (s 116(2)).

Penalties – Criminal and/or Civil liability

Below are the penalties for the offences.

  • Bribery of a judicial officer with intent to influence any act or omission in his judicial capacity – Imprisonment for a term not exceeding seven years (s 112(1)).
  • Bribery of judicial officer or Registrar or Deputy Registrar in respect of any act or omission in his official capacity – Imprisonment for a term not exceeding five years (s 112(2)).
  • Bribery of a Minister of the Crown or member of the Executive Council – Imprisonment for a term not exceeding seven years (s113(2)).
  • Bribery of a member of the Legislative Assembly– Imprisonment for a term not exceeding three years (s 114(2)).
  • Bribery of a law enforcement officer– Imprisonment for a term not exceeding three years (s 115(2)).
  • Bribery of any official – Imprisonment for a term not exceeding three years (s116(2)).

[1] The information in this section is a summary only and does not constitute legal advice concerning the application or effect of the local laws of Cook Islands. This summary has been prepared by Baker & McKenzie in conjunction with information provided by Karen Harvey of Browne Harvey & Associates P.C.

[1] The Firm does not have an office in Cook Islands. However, Mathieu Hanaut, based in the Firm’s Sydney office, has developed a specific capability advising clients in the Pacific Islands region (including Cook Islands), for which the Firm has been awarded Band 1 in Chambers Asia Pacific 2015. In Cook Islands, Mathieu and his team work closely with their preferred local law firm to provide appropriate local knowledge to the clients and assist their business or projects.

[1] “Person” is defined in section 2 of the Crimes Act as including “the Crown and any public body or Island Council, and any board, society, or company, and any other body of persons, whether incorporated or not”

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 ant-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.