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Moniz details Bribery Act

Outlining plans: Attorney General Trevor Moniz

Attorney-General Trevor Moniz has presented to Parliament a draft consultation copy of the Bribery Act 2016, which details plans to modernise Bermuda’s laws on corruption and bribery.

Mr Moniz, the Minister of Legal Affairs, noted that through the Office of the National Anti-Money Laundering Committee, he had committed to tabling consultation draft legislation this month.

The Bribery Act 2016 is modelled largely on Britain’s Bribery Act 2010, he added.

“The Act would provide a modern and comprehensive scheme of bribery offences in order to allow investigators, prosecutors and the courts to tackle bribery effectively whether committed in Bermuda or overseas,” he added.

“The Act would help to enhance Bermuda’s international reputation for the highest ethical standards.”

Outlining the Bribery Act in the House of Assembly, Mr Moniz said it would create the following new offences:

• A general offence of bribery covering the offering, promising or giving of a financial or other advantage

• Another general offence covering the requesting, agreeing to receive or accepting of a financial or other advantage

• A specific offence of bribing a foreign public official

• A specific offence of failure by a commercial organisation to prevent bribery, although it is a defence if a commercial organisation can prove — on the balance of probabilities — that it had “adequate procedures” in place to prevent persons associated with it from bribing

• A specific offence of failing to fulfil a duty to report bribery, such duty arising when a person exercising functions on behalf of a public authority is offered or receives an advantage which may constitute bribery

•A specific offence of interfering with such a duty to report bribery.

Mr Moniz said: “The Bribery Act 2016 would also create a new National Anti-Corruption and Bribery Committee comprised of public officials charged with, (1) advising the minister generally on the detection and prevention of corruption and bribery, (2) reviewing the operation of the Act, and (3) periodically evaluating the existing legislative and administrative measures in place in Bermuda to combat corruption and bribery.

“Tabling a consultative draft copy of the Bribery Act 2016 will facilitate industry and stakeholder review of the legislation.”

Submissions concerning the proposed legislation are welcome no later than Monday, August 15, 2016, and may be sent to the Office of the National Anti-Money Laundering Committee on the fourth floor of Global House on Church Street, or to info-NAMLC@gov.bm.

“Government is rightly proud of its efforts to modernise the law on bribery and corruption,” Mr Moniz said.

“By enacting new legislation which is based on an international gold standard in the UK’s Bribery Act 2010, Bermuda is signalling to the rest of the world its serious intentions to meet and surpass the highest standards as a place in which to do business.”