Primary foreign anti-bribery legislation and enforcement agencies
Belgian Criminal Code – Art. 246 to 252 (Public Bribery) and Art. 504bis and 504ter (Private Bribery)
Act of 4 July 1989 on Political contributions
Investigating agency: Central Office for the Repression of Corruption (CORC)
Prosecuting agencies: Any public prosecutor
Offenses
Public Bribery Statute (Art. 246 to 252 of the Criminal Code)
- Passive bribery: The act by a public official, directly or indirectly, of requesting or accepting an offer, promise or benefit for himself or for a third party, in exchange for performing or refraining from performing, any act falling within the scope of his responsibilities
- Active bribery: The act of offering, promising or giving a benefit, directly or indirectly, to a public official, to his own benefit or that of a third party, in order to induce him to perform or refrain from performing any act falling within the scope of his responsibilities
Private Bribery Statute (Art. 504bis and 504ter of the Criminal Code)
- Passive bribery: The act by any person, in his capacity as director, manager, proxy holder or employee of a legal entity, or proxy holder or employee of a natural person, of requesting or accepting an offer, promise or benefit, directly or indirectly, on his own behalf or on behalf of a third party, in order to induce him to perform or refrain from performing an act falling within the scope of his responsibilities, or made easier by his position, without the authorization of and without informing his board of directors, general shareholders’ meeting, principal or employer
- Active bribery: The act of making an offer or promise, or offering a benefit to a third party, directly or indirectly, on his own behalf or on behalf of a third party, in order to induce the third party to perform or refrain from performing an act falling within the scope of his responsibilities, or made easier by his position, without the authorization of and without informing his board of directors, general shareholders’ meeting, principal or employer
Act of 4 July 1989 on Political contributions
- Prohibits financial support to political parties, except under strict conditions and limits
Defenses
- Hospitality expenses: Normal business entertainment are acceptable if there is no intention to obtain something in return from the public official, it clearly has a business purpose and the expenses are reasonable.
Penalties – Criminal and/or Civil liability
- For individuals – Imprisonment from six months up to 15 years; fines ranging from EUR600 up to EUR600,000; and/or other accessory sanctions
- For companies / legal entities – Imprisonment sanction converted into fines from EUR18,000 up to EUR2.16 million; fines ranging from EUR600 up to EUR600,000; and/or other accessory sanctions (e.g., exclusion from public procurement procedures)
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.