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CORRUPT
TRANSACTIONS
WITH AGENTS
(PRIVATE SECTOR CORRUPTION)
A Corruption Offence
CORRUPT TRANSACTIONS WITH
AGENTS (PRIVATE SECTOR CORRUPTION)
A Corruption Offence
Corrupt Transactions with Agents is the only corruption-related offence under the
Prevention of Bribery Promulgation No. 12 of 2007 that touches upon corruption
in the private sector. It occurs when a person, who is acting as an agent, accepts or
solicits an advantage in exchange for doing something for (or showing favour to) the
other person in relation to the principal’s affairs or business.
ELEMENTS OF CORRUPT TRANSACTIONS WITH AGENTS
This offence is known as a ‘private sector corruption offence’ as it targets elements of bribery in the private sector. The elements constituting this offence require the agent to have accepted or solicited an advantage as an inducement, or
reward for (or otherwise on account of) a service which he/she has either done
(or promised to do) or for showing (or promising to show) favour in relation to
his/her principal’s affairs or business. Any person offering an agent an advantage for the same is also guilty of this offence.
Under the Prevention of Bribery Promulgation No. 12 of 2007, an agent is defined as either a public official, or a person employed by or acting for another.
Similarly, a principal is defined as an employer.
COMMON PENALTIES FOR CORRUPT
TRANSACTIONS WITH AGENTS
The common penalties for this offence vary as the Court sees fit, with the statutory maximum punishment with 7 years imprisonment and an added fine.
Statutory Penalty
Section 12 of the Prevention of Bribery Promulgation:
7 years imprisonment and a fine of $500,000 (on a conviction on
indictment); or
3 years imprisonment with a fine of $100,000 (on a summary
conviction); and,
An additional fine of either the same amount or value of the
advantage received or solicited by the offender.
CONTACT US
Suva Office
Western Office
Northern Office
Rev. John Hunt House
3 St. Fort Street
Suva
Ground Floor
Superb Investments Bldgs
30 Namoli Avenue
Lautoka
Top Floor
Post Fiji Building
Labasa
P.O.Box 2335
Government Buildings
Suva
Fiji
P.O.Box 7106
Lautoka
Fiji
Ph: (679) 331 0290
Fax: (679) 331 0297
Ph: (679) 666 8093
Fax: (679) 666 9083
P.O.Box 9
Labasa
Fiji
Ph: (679) 881 6793
Fax: (679) 881 6792
Email: [email protected]
DON’T STAY SILENT... TO REPORT ON PUBLIC SECTOR CORRUPTION:
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