Lex Mundi Global Anti-Corruption Compliance Guide |
|
Guernsey |
|
|
(Europe)
Firm
Mourant
Contributors
Christopher Edwards |
|
| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key anti-bribery and corruption legislation in Guernsey is the Prevention of Corruption (Bailiwick of Guernsey) Law 2003 (as subsequently amended). |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | No. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. The Prevention of Corruption (Bailiwick of Guernsey) Law 2003 (the Corruption Law) makes it an offense for an agent or any other person, to give or accept a bribe in relation to his office or position, or his principal's affairs or business. A public official who does or fails to do any act in relation to his office for the purpose of corruptly obtaining a gift, consideration or advantage for himself or any other person will also be guilty of an offense. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes. Further to our response to "Is a bribe payment to domestic government officials prohibited by the legislation?", the relevant provisions apply to any such acts done in the Bailiwick, or acts outside the Bailiwick by a Bailiwick resident which would have constituted an offense in the Bailiwick had it been done there. Under Guernsey law, in the context of bribery and corruption, there is no distinction between foreign and domestic public officials. In addition, the extra-territorial reach of the UK Bribery Act 2010 means that a Guernsey company that carries our any part of its business in the UK could be prosecuted under the Bribery Act for failing to prevent bribery committed by any of its employees, agents or other representatives, even if the bribery takes place outside the UK and/or Guernsey and involves non-UK or Guernsey persons. The Bribery Act also applies to British citizens working in Guernsey (or anywhere else in the world), even if the company for which they work does not carry out business anywhere in the UK. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, it is an offense under the Corruption Law to accept or attempt to obtain a bribe. |
| Who is subject to the legislation? | The Corruption Law has broad application, for example, it applies to:
|
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, further to Section 6(1) of the Corruption Law, where an offense under the Corruption Law has been committed with the consent or connivance of or was attributable to any neglect of any officer of the body corporate or any person purporting to act in such capacity, the officer as well as the corporate body is guilty of the offence and may be proceeded against and punished accordingly. Where a company's affairs are managed by its members, Section 6 of the Corruption Law applies in relation to the acts and defaults of a member in connection with the functions of management as if it were a director or manager of the company. |
| What is the penalty for individuals violating the law? | Further to Section 1(4) and 3(2) of the Corruption Law, a person guilty of an offense on indictment would be liable for a prison term of up to seven years and a fine. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | The relevant officers of a corporate entity if found guilty of an offense in relation to the Corruption Law, would on indictment be liable for a prison term of up to seven years and a fine. The corporate entity itself faces being subject to a fine. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | No. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | We are unaware of any instance where a corporate entity in Guernsey has reached either a deferred prosecution agreement or leniency agreement with the enforcement authorities after being charged with an offense under the Corruption Law. |
Lex Mundi Global Anti-Corruption Compliance Guide
The key anti-bribery and corruption legislation in Guernsey is the Prevention of Corruption (Bailiwick of Guernsey) Law 2003 (as subsequently amended).
No.
Yes. The Prevention of Corruption (Bailiwick of Guernsey) Law 2003 (the Corruption Law) makes it an offense for an agent or any other person, to give or accept a bribe in relation to his office or position, or his principal's affairs or business. A public official who does or fails to do any act in relation to his office for the purpose of corruptly obtaining a gift, consideration or advantage for himself or any other person will also be guilty of an offense.
Yes. Further to our response to "Is a bribe payment to domestic government officials prohibited by the legislation?", the relevant provisions apply to any such acts done in the Bailiwick, or acts outside the Bailiwick by a Bailiwick resident which would have constituted an offense in the Bailiwick had it been done there. Under Guernsey law, in the context of bribery and corruption, there is no distinction between foreign and domestic public officials.
In addition, the extra-territorial reach of the UK Bribery Act 2010 means that a Guernsey company that carries our any part of its business in the UK could be prosecuted under the Bribery Act for failing to prevent bribery committed by any of its employees, agents or other representatives, even if the bribery takes place outside the UK and/or Guernsey and involves non-UK or Guernsey persons. The Bribery Act also applies to British citizens working in Guernsey (or anywhere else in the world), even if the company for which they work does not carry out business anywhere in the UK.
Yes, it is an offense under the Corruption Law to accept or attempt to obtain a bribe.
The Corruption Law has broad application, for example, it applies to:
- any "agent" defined inter-alia, by the Corruption Law as meaning:
- any person employed by or acting for another party;
- any member of a Bailiwick parliament, a judicial official or court officer in the Bailiwick, or any other public official in the Bailiwick; or
- any member of a government or parliament, any public prosecutor or judge, or any party involved in public administration or regulation of any other country, territory or particular international bodies.
- any person who corruptly gives or agrees to give or offers any gift, consideration or advantage to an agent or any other person;
- any public official who does or does not do any act in relation to his office for the purpose of corruptly obtaining a gift, consideration or advantage for himself or any other person; and
- a body corporate where an offense under the Corruption Law has been committed with the consent or connivance of or was attributable to any neglect of any officer of the body corporate.
Yes, further to Section 6(1) of the Corruption Law, where an offense under the Corruption Law has been committed with the consent or connivance of or was attributable to any neglect of any officer of the body corporate or any person purporting to act in such capacity, the officer as well as the corporate body is guilty of the offence and may be proceeded against and punished accordingly.
Where a company's affairs are managed by its members, Section 6 of the Corruption Law applies in relation to the acts and defaults of a member in connection with the functions of management as if it were a director or manager of the company.
Further to Section 1(4) and 3(2) of the Corruption Law, a person guilty of an offense on indictment would be liable for a prison term of up to seven years and a fine.
The relevant officers of a corporate entity if found guilty of an offense in relation to the Corruption Law, would on indictment be liable for a prison term of up to seven years and a fine. The corporate entity itself faces being subject to a fine.
No.
We are unaware of any instance where a corporate entity in Guernsey has reached either a deferred prosecution agreement or leniency agreement with the enforcement authorities after being charged with an offense under the Corruption Law.