Section 105C — Crimes Act 1961: Bribery of foreign public official

105C Bribery of foreign public official (1) In this section and in sections 105D and 105E ,— benefit means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect foreign country includes— (a) a territory for whose international relations the government of a foreign country is responsible; and (b) an organised foreign area or entity including an autonomous territory or a separate customs territory foreign government includes all levels and subdivisions of government, such as local, regional, and national government foreign public agency means any person or body, wherever situated, that carries out a public function under the laws of a foreign country foreign public enterprise means— (a) a company, wherever incorporated, that— (i) a foreign government is able to control or dominate (whether by reason of its ownership of shares in the company, its voting powers in the company, or its ability to appoint 1 or more directors (however described), or by reason that the directors (however described) are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (b)(i) apply; or (b) a person or body (other than a company), wherever situated, that— (i) a foreign government is able to control or dominate (whether by reason of its ability to appoint the person or 1 or more members of the body, or by reason that the person or members of the body are accustomed or under an obligation to act in accordance with the directions of that government, or otherwise); and (ii) enjoys subsidies or other privileges that are enjoyed only by companies, persons, or bodies to which subparagraph (i) or paragraph (a)(i) apply foreign public official includes any of the following (a) a member or officer of the executive, judiciary, or legislature of a foreign country: (b) a person who is employed by a foreign government, foreign public agency, foreign public enterprise, or public international organisation: (c) a person, while acting in the service of or purporting to act in the service of a foreign government, foreign public agency, foreign public enterprise, or public international organisation public international organisation means any of the following organisations, wherever situated (a) an organisation of which 2 or more countries or 2 or more governments are members, or represented on the organisation: (b) an organisation constituted by an organisation to which paragraph (a) applies or by persons representing 2 or more such organisations: (c) an organisation constituted by persons representing 2 or more countries or 2 or more governments: (d) an organisation that is part of an organisation referred to in any of paragraphs (a) to (c) routine government action , in relation to the performance of any action by a foreign public official, does not include— (a) any decision about— (i) whether to award new business; or (ii) whether to continue existing business with any particular person or body; or (iii) the terms of new business or existing business; or (b) any action that is outside the scope of the ordinary duties of that official. (2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official's authority) in order to— (a) obtain or retain business; or (b) obtain any improper advantage in the conduct of business. (3) This section does not apply if— (a) the act that is alleged to constitute the offence was committed for the sole or primary purpose of ensuring or expediting the performance by a foreign public official of a routine government action; and (b) the value of the benefit is small. (4) This section is subject to section 105E . Sections 105C to 105E were inserted, as from 3 May 2001, by section 8 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28).