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Anti-Corruption Risk Map – American Samoa

By Mathieu Hanaut (Baker McKenzie Sydney)

Primary source(s) of anti-bribery legislation and enforcement agencies

American Samoa Code Annotated (ASCA)

ASCA 46.4701 – Bribery of a Public Servant

Investigative agency: Department of Public Safety

Prosecuting agency:   Office of the Attorney General in the High Court of American Samoa.

 

Offences

American Samoa Code Annotated (ASCA)

ASCA 46.4701 – Bribery of a Public Servant

It is an offense to knowingly offer, confer, or agree to confer upon any public servant any benefit, direct or indirect, in return for:

  1. the recipient’s official vote, opinion, recommendation, judgment, decision, action, or exercise of discretion as a public servant; or
  2. the recipient’s violation of a known legal duty as a public servant.

Possible defenses

Entrapment (ASCA 46.3212) and duress (ASCA 46.3213.).

 

Penalties – Criminal and/or Civil liability

American Samoa Code Annotated (ASCA)

ASCA 46.2101 and ASCA 46.2103: Individual

  • Imprisonment for up to five years; or
  • A fine not exceeding $5,000; or
  • If the offender has gained money or property through the commission of the crime, to pay an amount, fixed by the court, not exceeding 2 times amount of the offender’s gain from the commission of the crime (capped at $20,000)

ASCA 46.2101 and ASCA 46.2103: Corporation

  • Fine not exceeding $10,000; or
  • If the offender has gained money or property through the commission of the crime, to pay a higher amount, fixed by the court, not exceeding two times the amount of the corporation’s gain from the commission of the offense.