The Bribery Regulations

Section 1. Citation Section These Regulations may be cited as the Bribery Regulations, 2022.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Commission" means the Ethics and Anti-Corruption Commission established under the Ethics and Anti-Corruption Commission Act (Cap. 7H); "franchisee" means an entity carrying out specified commercial activities under authorisation granted by another entity; "franchisor" means an entity that authorises another entity to carry on commercial activities on its behalf; "parent entity" means an entity that owns or controls one or more subsidiary entities; and "subsidiary" means an entity wholly or partly owned or controlled by a parent entity.

Section 3. Application Section 3(1) These Regulations shall apply to State officers, public officers, public entities and private entities. Section 3(2)(a) "public entity" includes all State organs and public bodies of the national government, county governments, constitutional commissions, independent offices, public-private partnership arrangements or undertakings, and any entity that renders a service to the public as a monopoly; Section 3(2)(b) public officers referred to under section 4 of the Act include State officers; and Section 3(2)(c) "private entity" includes a virtual business that employs electronic means to conduct business.

Section 4. Categorisation of entities Section 4(1) For the purposes of section 9 , entities shall establish procedures for the prevention of bribery and corruption. Section 4(2)(a) the size and scale of the entity’s business including the number of employees, gross annual turnover, geographical spread of the entity’s operation and, in the case of a public entity, State officer or public officer, the amount of exchequer allocation; Section 4(2)(b) the nature of the entity’s business including the entity’s service or production orientation, and whether or not the entity carries on business as a monopoly or otherwise; Section 4(2)(c) the risk of bribery and corruption in the entity’s operations; Section 4(2)(d) whether or not the entity is a joint venture or a subsidiary of a local or foreign entity; Section 4(2)(e) whether or not the entity operates as a franchise or branch of another entity; Section 4(2)(f) the entity’s mode of establishment, means of transacting business, and governance and management structure; Section 4(2)(g) the diversity of the entity’s services and customer reach; and Section 4(2)(h) the extent or diversity of the entity’s branch network including interdepende...

Section 5. Subsidiary may adopt parent entity’s procedures Section 5(1) A subsidiary of a local entity may, for the purpose of complying with section 9 , adopt the procedures established by its parent entity with the necessary modifications to suit its nature of operations or other unique circumstances. Section 5(2) Where a subsidiary of a local entity adopts the procedures of its parent entity, the responsibility for ensuring compliance with, and implementation of, the procedures shall vest in the subsidiary entity.

Section 6. Subsidiary of foreign parent entity shall establish procedures Section 6(1) An entity which is a subsidiary or branch of a foreign entity shall establish bribery and corruption prevention procedures as required under section 9 . Section 6(2) Where the foreign parent entity has bribery and corruption prevention procedures, the subsidiary may adopt those procedures with necessary modifications: Provided that the procedures shall comply with the provisions of section 9 .

Section 7. Entities in a joint venture shall develop own procedures Section Where entities operate in a joint venture, each entity in the joint venture shall be treated as a separate entity for the purposes of complying with the requirements under section 9 : Provided that where the entities in the joint venture incorporate a separate entity, the new entity shall establish its own procedures for the purposes of complying with section 9 .

Section 8. Local entity to be responsible for its branches’ procedures Section A local entity that establishes a branch or branches for the purposes of its operations shall be responsible for ensuring that its branch or branches comply with and implement the procedures established under section 9 whether or not the branch or branches operate independently or semi-autonomously.

Section 9. Franchisee to establish own procedures Section 9(1) An entity that is a franchisee of another entity, whether local or foreign, shall be responsible for establishing its own procedures under section 9 whether or not the franchisor has established procedures for itself or for the franchise network. Section 9(2) Where the franchisor has established procedures in accordance with section 9 , the franchisee may adopt the procedures of the franchisor: Provided that the procedures shall comply with the provisions of section 9 .

Section 10. Virtual entities Section An entity which solely operates on a virtual platform shall establish bribery and corruption prevention procedures that shall be applicable to its operations on that platform.

Section 11. Statutory or administrative public entities to establish procedures Section A public entity that is established in accordance with or under any written law or administratively which undertakes a function that is distinct from the entity under which it is established or operates shall develop bribery and corruption prevention procedures under section 9 .

Section 12. Procedures to be in writing Section The bribery or corruption prevention procedures made under section 9 shall be in writing.

Section 13. Entities’ procedures to be established within six months Section 13(1) Any entity to which these Regulations apply shall establish the procedures required under section 9 within six months from the date of the publication of the Guidelines under section 12(2) of the Act. Section 13(2)(a) bribery and corruption risk assessment and management of the entity; Section 13(2)(b) the entity’s communication and training processes; Section 13(2)(c) the entity’s internal mechanisms for reporting acts of bribery and corruption; Section 13(2)(d) the entity’s mechanisms for the protection of whistle-blowers, informants and witnesses; and Section 13(2)(e) the entity’s compliance, monitoring and review mechanisms.

Section 14. Reporting bribery Section 14(1) Pursuant to section 14 of the Act, a State officer, public officer or any other person holding a position of authority in a public or private entity shall report to the Commission any knowledge or suspicion of acts of bribery or corruption involving that private or public entity that comes to that officer’s or person’s knowledge. Section 14(2)(a) in person; Section 14(2)(b) in writing; Section 14(2)(c) by email; Section 14(2)(d) by telephone; Section 14(2)(e) through any anonymous reporting system as may be established by the Commission; or Section 14(2)(f) through a third party or agent.

Section 15. Contents of bribery and corruption reports Section the date and time of the act of bribery or corruption;

Section 16. Acknowledgment of reports by the Commission Section 16(1) A person or entity that reports an act of bribery or corruption to the Commission under these Regulations may, at the time of the making of the report or any time thereafter, request the Commission to acknowledge the report. Section 16(2) A request under paragraph (1) shall indicate when, by whom and how the report of the act of bribery or corruption was made if the request is not made at the time of the making of the report.

Section 17. Record of reports Section 17(1) The Commission and any entity to which these Regulations apply shall maintain a record of all reports made in accordance with section 14 . Section 17(2) The Commission shall, at least once in every three months and at the end of its financial year, provide the details of all the reports it has received and the action it has taken.

Section 18. Confidentiality Section The Commission and any entity to which these Regulations apply shall ensure the confidentiality of information relating to any person that makes a report of an act of bribery or corruption including the disclosure of the act of bribery or corruption and the identity of the person making the report.

Section 19. Reporting mechanisms of entities Section An entity to which these Regulations apply shall establish mechanisms for internal and external reporting of acts of bribery or corruption by its employees or persons associated with the entity.

Section 20. Protection of whistle-blowers, informants and witnesses Section An entity to which these Regulations apply shall establish appropriate measures for the protection from retaliation, reprisal or victimisation of any person who reports, in good faith, any knowledge or suspicion of an act of bribery or corruption.

Section 21. Revocation. Section The Bribery Regulations, 2021 (L.N. 237/2021) are revoked.