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Bribery of foreign public officials

According to article 16 of UNCAC, 'bribery of foreign public officials' constitutes a criminal offence, when committed intentionally, that prohibits:

  • the promise, offering or giving, to a foreign public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the content of international business.
  • the solicitation or acceptance by a foreign public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

According to article 1 of OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions 'bribery of foreign public officials' constitutes a criminal offence, when committed intentionally, that prohibits:

Offering, the promise or giving of any undue pecuniary or other advantage, whether directly or through intermediaries, to a foreign public official, for that official or for a third party, in order that the official act or refrain from acting in relation to the performance of official duties, in order to obtain or retain business or other improper advantage in the conduct of international business.

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