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:
- the recipient’s official vote, opinion, recommendation, judgment, decision, action, or exercise of discretion as a public servant; or
- 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.