Lex Mundi Global Anti-Corruption Compliance Guide |
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Japan |
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(Asia Pacific)
Firm
Nishimura & Asahi (GKJ)
Contributors
Daisuke Morimoto |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The Penal Code (Act No. 45 of 1907) (Penal Code) prohibits the offering of a bribe to Japanese public officials (Public officials who accept a bribe are also punished under the Penal Code.). The Unfair Competition Prevention Act (Act No. 47 of 1993) (UCPA) prohibits offering a bribe to foreign public officials. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | N/A. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes, a bribe payment to domestic government officials is prohibited by the legislation. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes, a bribe payment to foreign government officials is prohibited by the legislation. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes, requesting or accepting a bribe is prohibited by the legislation. |
| Who is subject to the legislation? | Anybody (including foreign nationals) who offers a bribe within the territory of Japan can be punished under the Penal Code and the UCPA. Further, any Japanese national who offers a bribe can be punished under the Penal Code and the UCPA, even if he/she offers it outside of the territory of Japan. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | With respect to offering bribes to Japanese public officials, corporate entities cannot be criminally liable, under the Penal Code (only individuals can be liable.). With respect to offering bribes to foreign public officials, the corporate entities can be criminally liable, under the UCPA. |
| What is the penalty for individuals violating the law? | With respect to offering a bribe to Japanese public officials, the penalty for individuals is imprisonment for not more than three years or a criminal fine of not more than JPY 2.5 million. With respect to offering a bribe to foreign public officials, the penalty for individuals is imprisonment for not more than five years or a criminal fine of not more than JPY five million. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | With respect to offering a bribe to foreign public officials, the penalty for corporate entities is a criminal fine of not more than JPY three hundred million. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | There are no statutes or guidelines which state that a compliance program constitutes a defense. However, such a compliance program may serve as a mitigating factor when the court determines the penalty. |
| Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities? | In Japan, a deferred prosecution agreement, or a leniency agreement, is not applicable with respect to bribery offenses. However, since June 1, 2018, a newly introduced negotiation system came into force in Japan, and under this system, corporate entities can negotiate with prosecutors, and reach an agreement in which corporate entities cooperate with the prosecutors in pursuing the criminal liabilities of employees and executives, and the prosecutor provides favorable treatment, such as non-prosecution, etc., to the corporate entity. |
Lex Mundi Global Anti-Corruption Compliance Guide
The Penal Code (Act No. 45 of 1907) (Penal Code) prohibits the offering of a bribe to Japanese public officials (Public officials who accept a bribe are also punished under the Penal Code.). The Unfair Competition Prevention Act (Act No. 47 of 1993) (UCPA) prohibits offering a bribe to foreign public officials.
N/A.
Yes, a bribe payment to domestic government officials is prohibited by the legislation.
Yes, a bribe payment to foreign government officials is prohibited by the legislation.
Yes, requesting or accepting a bribe is prohibited by the legislation.
Anybody (including foreign nationals) who offers a bribe within the territory of Japan can be punished under the Penal Code and the UCPA. Further, any Japanese national who offers a bribe can be punished under the Penal Code and the UCPA, even if he/she offers it outside of the territory of Japan.
With respect to offering bribes to Japanese public officials, corporate entities cannot be criminally liable, under the Penal Code (only individuals can be liable.).
With respect to offering bribes to foreign public officials, the corporate entities can be criminally liable, under the UCPA.
With respect to offering a bribe to Japanese public officials, the penalty for individuals is imprisonment for not more than three years or a criminal fine of not more than JPY 2.5 million.
With respect to offering a bribe to foreign public officials, the penalty for individuals is imprisonment for not more than five years or a criminal fine of not more than JPY five million.
With respect to offering a bribe to foreign public officials, the penalty for corporate entities is a criminal fine of not more than JPY three hundred million.
There are no statutes or guidelines which state that a compliance program constitutes a defense. However, such a compliance program may serve as a mitigating factor when the court determines the penalty.
In Japan, a deferred prosecution agreement, or a leniency agreement, is not applicable with respect to bribery offenses. However, since June 1, 2018, a newly introduced negotiation system came into force in Japan, and under this system, corporate entities can negotiate with prosecutors, and reach an agreement in which corporate entities cooperate with the prosecutors in pursuing the criminal liabilities of employees and executives, and the prosecutor provides favorable treatment, such as non-prosecution, etc., to the corporate entity.