By Mathieu Hanau (Baker McKenzie)
Primary source(s) of anti-bribery legislation and enforcement agencies
Crimes Act 2013
Investigating Agency: Samoa Police Services
Prosecuting Agency: Office of the Attorney General of Samoa (AGO), Samoa Police Prosecution
Police Services Act 2009
Investigating Agency: Samoa Police Services
Prosecuting Agency: Office of the Attorney General of Samoa (AGO), Samoa Police Prosecution
Offences
Crimes Act 2013
Bribing judicial officers (s134(1))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribe to any person;
- with intent to influence any judicial officer in respect of any act or omission by a judicial officer in his or her judicial capacity.
(s134(2))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribes to any person;
- with intent to influence any judicial officers or any Registrar or Deputy Registrar of any Court in respect of an act or omission by him or her in his official capacity, not being an act or omission to which subsection (1) applies.
Corruption and bribery of a Minister of the Government of Samoa (s135(2))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribe to any person;
- with intent to influence any Minister, Associate Minister or CEO of the Government of Samoa in respect of an act or omission by him or her in his or her capacity as a Minister, Associate Minister or CEO[1].
Corruption and bribery of member of Parliament (s136(2))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribe to any person;
- with intent to influence any Member of Parliament in respect of any act or omission by him or her in his or her capacity as a Member of Parliament[2].
Corruption and bribery of law enforcement officer (s137(2))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribe to any person;
- with intent to influence any law enforcement officers in respect of any act or omission by the law enforcement officers in his or her official capacity.
Corruption and bribery of official (s138(2))
A person is guilty of an offence if he or she:
- corruptly gives or offers or agrees to give any bribe to any person;
- with intent to influence any official in respect of any act or omission by the official in his or her official capacity.
Bribery in Samoa of foreign public official (s150)
A person is guilty of an offence if he or she
- corruptly gives or offers or agrees to give a bribe to a person;
- with intent to influence a foreign public official [3] in respect of any act or omission by that official in his or her official capacity in order to obtain or retain business or obtain any improper advantage in the conduct of business[4].
This provision has extraterritorial application (s151).
Defences
The alleged offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action and the value of the benefit is small.
The alleged offence under this section was done outside Samoa and was lawful in the foreign country in which the principal office of the person, organisation or other body for whom the foreign public official is employed or otherwise provides services, is situated.
Police Service Act 2009
Bribing member of the Service (s71)
A person commits an offence if he or she:
- Is not a member of the Service[5] ; and
- by words, conduct or demeanour bribes[6] a member of the Service so as to induce the member to forgo, evade or in any other way act in a manner contrary to the member’s duties under the Police Service Act and any other Act.
Penalties – Criminal or Civil liability
Below are the penalties for the offences below.
Crimes Act 2013
Bribing judicial officers (s134(1)) – Maximum 7 years imprisonment
(s134(2)) – Maximum 7 years imprisonment
Corruption and bribery of a Minister of the Government of Samoa (s135(2)) – Maximum 7 years imprisonment
Corruption and bribery of member of Parliament (s136(2)) – Maximum 7 years imprisonment
Corruption and bribery of law enforcement officer (s137(2)) – Maximum 7 years imprisonment
Corruption and bribery of official (s138(2)) – Maximum 7 years imprisonment
Bribery in Samoa of foreign public official (s150) – Maximum 7 years imprisonment
Police Service Act 2009
Bribing member of the Service (s71) – Maximum 6 months imprisonment or fine not exceeding ST400, or both.
[1] Consent of the Attorney General of Samoa is required before any person can be prosecuted for this offence. Notice of application for consent to be given to person to whom it is intended to prosecute and the right to be heard against the application.
[2] Consent of the Attorney General of Samoa required before any person is prosecuted for this offence.
[3] Foreign public official includes a member or officer of the executive, judiciary or legislature of a foreign country; a person employed by a foreign government, foreign public agency, foreign public enterprise or public international organization; a person acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organization.
[4] This is irrespective of whether or not the act or omission is within the scope of the official’s authority.
[5] Service means the Samoa Police Service.
[6] Bribe means to give, offer or promise to offer a thing of value, whether pecuniary or otherwise in return for a benefit, whether directly or indirectly, to the person offering the bribe.