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Compliance Map – Japan

 Currency of information: 10 February 2015

Criminal Code

Prohibits bribery of domestic public officials

Investigating agency: Police department and Public Prosecutor’s Office

Prosecuting agencies: Public Prosecutor’s Office

Unfair Competition Prevention Act

Prohibits bribery of domestic public officials

Investigating agency: Police department and Public Prosecutor’s Office

Prosecuting agencies: Public Prosecutor’s Office

Offenses

Bribing Domestic Public Officials (Article 198 of Criminal Code)

A person is guilty of an offense if:

  • he or she offers or promises to give a bribe (i.e., compensation for an act by a public official, including anything that satisfies a person’s desire) to a public official in connection with the public official’s duties.

Corporate liability does not arise under the Criminal Code.

Penalties – Criminal liability

For an individual – Imprisonment for up to three years or a fine of up to JPY2.5 million

Bribing Foreign Public Officials (Article 18 of Unfair Competition Prevention Act)

A person is guilty of an offense if:

  • he or she gives, offers or promises any pecuniary or other advantage to a foreign public official
  • in order that the official act or refrain from acting in relation to the performance of official duties, or in order that the official, using his or her position, exert upon another foreign official so as to cause him or her to act or refrain from acting in relation to the performance of official duties,
  • in order to obtain or retain improper business advantage in the conduct of international business.

Corporate liability, in addition to individual liability, arises under the Unfair Competition Prevention Act in the case where a representative, an agent or an employee of a corporation commits violations in relation to the business of the corporation.

Extraterritorial application– Yes, when conduct occurs:

  • wholly or partly within Japan; or
  • wholly outside Japan at a time when the offender was a Japanese citizen or resident, or a body corporate incorporated in Japan.

Penalties – Criminal liability

For an individual – Imprisonment for up to five years or a fine of up to JPY5 million

For bodies corporate – A fine of up to JPY300 million

 

Contacts at Baker McKenzie
 YoshiakiMuto Yoshiaki Muto Partner, Tokyo + 81 3 6271 9451 [email protected]
 KengoNishigaki Kengo Nishigaki Partner, Tokyo + 81 3 6271 9473 [email protected]
ToshioIbaraki[1] Toshio Ibaraki Partner, Tokyo + 81 3 6271 9507 [email protected]

 

1 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 ant-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.