Search for:

Anti-Corruption Risk Map – New Caledonia

By Mathieu Hanaut (Baker McKenzie Sydney)

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

French Criminal code – applies in New Caledonia

Enforcement agency: The police, under the instructions of the attorney general

Offences

Under Article 435-1 et seq. of the French Criminal Code, it is an offence for any person to unlawfully proffer, at any time, directly or indirectly, any offer, promise, donation, gift or any reward, to induce a person holding public authority, discharging a public service mission, or vested with a public electoral mandate:

(i) To carry out or abstain from carrying out an act pertaining to his office, duty, or mandate, or facilitated by his office, duty or mandate (Article 435-3);

(ii) To abuse his real or alleged influence with a view to obtaining distinctions, employments, contracts or any other favourable decision from a public authority or the government (Article 435-4)

Similar offences and penalties apply to any person holding public authority, discharging a public service mission, or vested with a public electoral mandate who, unlawfully, at any time, directly or indirectly solicits offers, promises, donations, gifts or rewards to carry out or to abstain from carrying out any act specified under (i) above (Article 435-1), or to abuse his influence under the conditions specified under (ii) (Article 435-2).

Articles 435-7 to 435-10 of the French Criminal Code prohibits similar activities (soliciting or offering directly or indirectly, any offer, promise, donation, gift or any reward) carried out with the intention of interfering with the proper administration of justice within a foreign state, a foreign court or an international court

Defences

There are no safe harbours or exemptions for acts of corruption, and facilitation payments are illegal.

Penalties – Criminal and/or Civil liability

Articles 435-1 et seq of the French Criminal Code: Individuals face fines of up to €1,000,000 (that can be brought to twice the amount of the benefit provided by the offence) and prison sentences of up to 10 years, in addition to other penalties.

Legal entities face fines of up to five times those that can be ordered against individuals, as well as additional penalties such as exclusion for up to five years from government contracts, prohibition from offering their shares to the public, closure of an establishment, etc.