NEW DELHI, March 19 – The Indian government on Monday approved changes in a proposed legislation that makes accepting or giving bribe by foreign public officials a criminal offence entailing imprisonment of up to seven years among others penal provisions.
The additional official amendments to the ‘The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011’ were approved by Union Cabinet here, Press Trust of India (PTI) quoted official sources as saying.
The legislation, if passed by Parliament, will be a stand alone law to deal with bribery by foreign public officials. Bribery by foreign nationals is not covered under any domestic anti-corruption laws at present. The Bill is likely to be placed before Parliament during the ongoing budget session.
According to the proposed Bill, the government can attach, seize and confiscate property of offenders. Besides, it has provision for extradition of an accused official. The Bill, which has provision to punish both bribe taker and giver, also empowers the government to enter into agreements with other countries or contracting states for enforcing this law and for exchange of investigative information.
The Bill was introduced in Lok Sabha (Lower House of Indian Parliament) on March 25, 2011 and referred to a Parliamentary Standing Committee in April the same year. The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice gave its report on March 29 last year.
The Committee in its report recommended redefinition of ‘undue advantage’, which explains what an act of bribery may comprise, to make the law more effective. The Parliamentary panel had also suggested making a provision for a definite time frame for concluding investigation.
“The Bill prohibits accepting gratification by foreign public officials as also giving gratification to foreign public officials, while also proposing provisions for rendering assistance and cooperation among nations and making the offence punishable to a minimum of six months jail term to a maximum of seven years,” said an official of Department of Personnel and Training.
The proposed legislation is a mandatory obligation under United Nations Convention Against Corruption (UNCAC), which was ratified by India on May 9, 2011. The UNCAC, which acts as a universal legal instrument to deal with the menace of corruption globally, provides a mechanism for member country to deal with bribery among foreign public officials (FPO) and officials of public international organisations (OPIO).
A ‘public international organisation’ includes any international body formed by states, governments, or other public international organisations, including, for example, a regional economic integration organisation.
BERNAMA
