Primary foreign anti-bribery legislation and enforcement agencies
Federal Criminal Code
Prohibits bribery of foreign and domestic public officials
Investigating agency: Attorney General of the Republic (PGR)
Prosecuting agencies: Attorney General of the Republic (PGR)
Offenses
Bribing Foreign Public Officials (Art. 222bis)
A person is guilty of an offense if:
- he or she offers, promises, provides or causes to be provided goods or services to a foreign official;
- that benefit/advantage is not legitimately due to that person – no regard is given to whether the benefit/advantage is customary, its value or any official tolerance; and
- he or she did so with the intention of influencing a foreign public official in the exercise of thee official’s duties, so as to retain or obtain business, or obtain or retain a business advantage that is not legitimately due.
Extraterritorial application – Yes, when conduct occurs:
- wholly or partly within Mexico; or
- wholly outside Mexico at a time when the offender was a Mexican citizen or a corporate entity organized in Mexico.
Penalties – Criminal and/or civil liability
For an individual – Imprisonment for up to 14 years and a fine of up to the equivalent of USD4,235 (at MXN17/USD); prohibition for up to 14 years from public office
For corporate entities (only if proven to have been used as an instrumentality of the crime committed by individuals):
- Up to approximately USD4,235
- Suspension of operations or dissolution
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.