Global Compliance News has conducted a global survey regarding commercial bribery. We addressed 10 questions to our international network of corruption experts. The maps below show the results of our survey:
Is commercial bribery a criminal offense?
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| Criminal offense. Not a criminal offense. Not per se but it might constitute fraud, collusion or the like and therefore be a criminal offense. Under special circumstances, e.g. existence of public interest, if public/state-owned company. Not yet but law may be revised due to 2007 UN Convention against Corruption or another law not yet enacted. Not a criminal offense but prohibited by other laws, e.g. unfair competition.* |
*Special note with regards to Argentina: Prohibition by other laws, but criminal law may be revised as well due to the 2007 UN Convention against Corruption.
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If it is a criminal offense, does the prohibition apply to individuals, companies or both?
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| Both. Individuals only. Companies only. Depends on the circumstances (e.g. only if company’s inaction resulted in the facilitation of the bribery, or prohibition applies to both but companies are not subject to criminal liability) |
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What is the punishment for commercial bribery, or, when commercial bribery is not a criminal offense, what are the sanctions, for individuals?
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| Fine up to imprisonment Fine only Depends on the circrumstances Imprisonment |
Is it the same punishment/sanction for bribe giver and recipient?
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| Same punishment for bribe giver and recipient More severe punishment for bribe giver. More severe punishment for bribe recipient. Depends on the circumstances. Prohibition only applies to the recipient. |
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How active are your local law enforcement agencies to enforce commercial bribery in your jurisdiction?
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| Very active Moderately active Not active |
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How many commercial bribery proceedings took place in each country over the past three years?
| Very active > 25 cases overall 10 – 25 cases overall < 10 cases overall |
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