By Yoshiaki Muto and Kengo Nishigaki (Baker McKenzie Tokyo)
Primary domestic anti-bribery legislation and enforcement agencies
Criminal Code
Prohibits bribery of domestic public officials
Investigating agency: Police department and Public Prosecutor’s Office
Prosecuting agencies: Public Prosecutor’s Office
Unfair Competition Prevention Act
Prohibits bribery of domestic public officials
Investigating agency: Police department and Public Prosecutor’s Office
Prosecuting agencies: Public Prosecutor’s Office
Offenses
Bribing Domestic Public Officials (Article 198 of Criminal Code)
A person is guilty of an offense if:
he or she offers or promises to give a bribe (i.e., compensation for an act by a public official, including anything that satisfies a person’s desire) to a public official in connection with the public official’s duties.
Corporate liability does not arise under the Criminal Code.
Penalties – Criminal liability
For an individual – Imprisonment for up to three years or a fine of up to 5 million
Bribing Foreign Public Officials (Article 18 of Unfair Competition Prevention Act)
A person is guilty of an offense if:
he or she gives, offers or promises any pecuniary or other advantage to a foreign public official
in order that the official act or refrain from acting in relation to the performance of official duties, or in order that the official, using his or her position, exert upon another foreign official so as to cause him or her to act or refrain from acting in relation to the performance of official duties,
in order to obtain or retain improper business advantage in the conduct of international business.
Corporate liability, in addition to individual liability, arises under the Unfair Competition Prevention Act in the case where a representative, an agent or an employee of a corporation commits violations in relation to the business of the
Extraterritorial application– Yes, when conduct occurs:
wholly or partly within Japan; or
wholly outside Japan at a time when the offender was a Japanese citizen or resident, or a body corporate incorporated in Japan.
Penalties – Criminal liability
For an individual – Imprisonment for up to five years or a fine of up to JPY5 million
For bodies corporate – A fine of up to JPY300 million