Section 5: Offences in respect of corrupt activities relating to foreign public officials

5. (1) Any person who, directly or indirectly gives or agrees or offers to give any gratification to a foreign public official, whether for the benefit of that foreign public official or for the benefit of another person, in order to act, personally or by influencing another person so to act, in a manner—

(a) that amounts to the—

(i) illegal, dishonest, unauthorised, incomplete, or biased; or

(ii) misuse or selling of information or material acquired in the course of the exercise, carrying out or performance of any powers, duties or functions arising out of a constitutional, statutory, contractual or any other legal obligation; 40

(b) that amounts to—

(i) the abuse of a position of authority;

(ii) a breach of trust; or

(iii) the violation of a legal duty or a set of rules;

(c) designed to achieve an unjustified result; or 50

(d) that amounts to any other unauthorised or improper inducement to do or not to do anything,

is guilty of the offence of corrupt activities relating to foreign public officials.

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20 No. 26311

GOVERNMENT GAZETTE, 28 APRIL 2004

Act No. 12, 2004

PREVENTION AND COMBATING OF CORRUPT

ACTIVITIES ACT, 2004

(2) Without derogating from the generality of section 2(4), “to act” in subsection (1) includes—

(a) the using of such foreign public official’s or such others person’s position to influence any acts or decisions of the foreign state or public international organisation concerned; or

(b) obtaining or retaining a contract, business or an advantage in the conduct of business of that foreign state or public international organisation.

## Offences in respect of corrupt activities relating to agents