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Anti-Corruption Risk Map – Vanuatu

By Mathieu Hanaut (Baker McKenzie Sydney)

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

Penal Code

Corruption and bribery of officials (s73(2))

Enforcement agencies: Vanuatu Police and Vanuatu Public Prosecutor

Members of Parliament (Powers And Privileges) Act

Offer of bribes (to any member or officer of Parliament) (s13)

Enforcement agencies: Vanuatu Police, Speaker or Clerk of Parliament and Vanuatu Public Prosecutor

Offences

Penal Code

Corruption and bribery of officials (s73(2))

  • A person is guilty of an offence if they corruptly give or offer or agree to give any bribe to any person with intent to influence any public officer in respect of any act or omission by him in his official capacity.
  • For the purposes of this section, “bribe” means any money, valuable consideration, office or employment, or any benefit, whether direct or indirect, and the expression “public officer” means any person in the official service of the Republic of Vanuatu (whether that service is honorary or not and whether it is within or outside the Republic of Vanuatu) any member or employee of any local authority or public body and includes every police officer and judicial officer.

Members of Parliament (Powers And Privileges) Act

Offer of bribes (to any member or officer of Parliament) (s13)

It is an offence to offer to any member or officer of Parliament:

  • any bribe or threat, in order to influence him in his conduct as such member or officer, or
  • any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any draft law or matter submitted to or intended to be submitted to Parliament or a committee thereof.

Penalties – Criminal or Civil liability

Penal Code

Corruption and bribery of officials (s73(2))

Imprisonment for 10 years.

Members of Parliament (Powers And Privileges) Act

Offer of bribes (to any member or officer of Parliament) (s13)

A fine not exceeding VT150,000 or imprisonment not exceeding 3 years or both such fine and imprisonment.