Crimes (Bribery of Foreign Public Officials) Amendment Act 2001

1: Title
1: This Act may be cited as the Crimes (Bribery of Foreign Public Officials) Amendment Act 2001.
2: In this Act, the Crimes Act 1961 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to implement the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Bribery of public officials
4: Bribery of judicial officer, etc
Section 101(2) 5 years 7 years
5: Corruption and bribery of member of Parliament
Section 103(2) 3 years 7 years
6: Corruption and bribery of law enforcement officer
Section 104(2) 3 years 7 years
7: Corruption and bribery of official
Section 105(2) 3 years 7 years
8: New
sections 105C to 105E The principal Act is amended by inserting, after section 105B
105C: Bribery of foreign public official
1: In this section and in sections 105D and 105E benefit foreign country
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 foreign public agency foreign public enterprise
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)
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
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
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
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
105D: Bribery outside New Zealand of foreign public official
1: Every one commits an offence who, being a person described in subsection (2) section 105C
2: Subsection (1)
a: a New Zealand citizen; or
b: ordinarily resident in New Zealand; or
c: a body corporate incorporated in New Zealand; or
d: a corporation sole incorporated in New Zealand.
3: Every one who commits an offence against this section is liable to the same penalty to which the person would have been liable if the person had been convicted of an offence against section 105C
4: This section is subject to section 105E
105E: Exception for acts lawful in country of foreign public official
1: Sections 105C and 105D
a: was done outside New Zealand; and
b: was not, at the time of its commission, an offence under the laws of the foreign country in which the principal office of the person, organisation, or other body for whom the foreign public official is employed or otherwise provides services, is situated.
2: If a person is charged with an offence under section 105C or section 105D subsection (1)(b)
9: Restrictions on prosecution
Section 106(1) and 105B of this Act 105B, 105C, and 105D Extradition of offenders
10: Crimes against
sections 105C 105D
1: For the purposes of the Extradition Act 1999 section 15 104 sections 105C 105D
2: If subsection (1) Extradition Act 1999
3: This section does not apply in respect of an act that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
4: A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Bribery Convention is, in the absence of proof to the contrary, sufficient evidence of that fact.
5: For the purposes of this section,— Bribery Convention foreign country Amendments to
Mutual Assistance in Criminal Matters Act 1992
11: Amendments to Mutual Assistance in Criminal Matters Act 1992
Section 11 repealed 18 June 2002 14(2)(a) Mutual Assistance in Criminal Matters Amendment Act 2002 Amendment to
Extradition Act 1999
12: Amendment to
Extradition Act 1999 The Extradition Act 1999 Schedule 2