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usa (fcpa)
1. Bribery in the public sector
Definition of a public official as receiver of gifts and benefits in bribery
related offences
Any officer or employee of (i) a foreign government, any department,
agency, or instrumentality thereof (e.g., state controlled companies),
(ii) a foreign political party or (iii) a public international organisation
(e.g., EU, UN), or any person acting in an official capacity for or on
behalf of the above-mentioned bodies.
Is it an offence to bribe a public official with the intention that
they act or omit to act contrary to their duties?
Yes.
Is it an offence to bribe a public official with the intention that
they act or omit to act in accordance with their duties?
Yes (any influencing of the official is prohibited).
Is there a specific monetary limit up to which a person can offer
gifts to public officials without being held criminally liable?
(e.g., gifts below EUR 100 will not be considered an advantage)
(Geringfügigkeitsgrenze)
No, there is no specific monetary limit expressed in USD.
Is it a criminal offence to offer gifts or advantages to public officials
even though there is no connection to a specific action or
omission of the public official (e.g., Christmas gifts, etc)?
No.
Can the donor of the benefit show active repentance in order to
abandon the offence and go without punishment? (e.g., if they
report themselves to the authorities and prevent the anticipated
act of the official) (Tätige Reue)
No. However, it would be considered a mitigating factor when determining
the fine of the offender.
What are the maximum sanctions for bribery in the public sector?
Unlimited prison sentence and monetary fines.
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