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Bribery Act to come into effect in September

Legislation aimed at updating anti-corruption law is set to to come into effect on September 1.

Trevor Moniz, the Attorney-General and the Minister of Legal Affairs, said the Bribery Act 2016 will introduce a “simplified and comprehensive statute” prohibiting bribery.

“It will help investigators, prosecutors and the courts to tackle bribery effectively whether committed at home or overseas,” he said. “The Bribery Act will also help to enhance Bermuda’s international reputation for the highest ethical standards.

“The act requires that guidance be drafted and published which assists in determining whether commercial organisations have failed to prevent bribery. The Ministry has consulted in recent months in respect of such guidance which will be released shortly.

“In the interim the Act can be found on www.bermudalaws.bm.”

Among the offences included in the act are:

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

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

• an offence of bribing a foreign public official;

• a strict liability offence of failure by a commercial organisation to prevent bribery, subject to an ‘adequate procedures’ defence;

• an offence of failure by public officials to report instances involving bribery and corruption; and

• an offence of interfering with this duty by public officials to report.

Penalties listed in the legislation are said to fetch a maximum of 15 years imprisonment on conviction, along with an “unlimited fine” and the forfeiture of any property intended as a bribe or which, directly or indirectly, is received by

any person as the result of a bribe.