ACCA Applied Skills · Corporate and Business Law (Global) · Fraudulent and criminal behaviour
Zentra Ltd, a manufacturer, wants to win a government supply contract in Country Q. Its sales director privately agrees to pay a procurement official a sum of money so that the official will award the contract to Zentra. The official has not yet received any payment. Which statement best describes the position under general international anti-bribery principles?
Bribery can be committed by offering or promising an advantage to induce improper performance. Actual payment or success in winning the contract is not required, so the director's private agreement to pay the procurement official is already enough to amount to an offence.
- ANo offence is committed until the money has actually been paid to the official
- BAn offence of bribery may be committed by Zentra's director by offering or promising the advantage, even though nothing has yet been paidCorrect
- COnly the official commits an offence, because the official holds the public position
- DAn offence arises only if the contract is actually awarded to Zentra
Explanation
Anti-bribery laws generally criminalise offering, promising or giving an advantage to induce improper performance of a function, not just actual payment. The promise made by the director is enough. The option requiring payment or award of the contract is wrong because the offence is complete on the offer or promise.
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