The key anti-bribery and corruption legislation in Macau includes the following: 

• Macau Penal Code (Decree-law no. 58/85/M, of 14 November); 
• Law on Prevention and Repression of Corruption in the Private Sector (Law no.19/2009, of 17 August); 
• Regime of Prevention and Repression of Acts of Corruption in Foreign Trade (Law no.10/2014, of 31 December);
• Organic Law of the Commission Against Corruption (Law no.10/2000, of 14 August); 
• Legal Systems on the Declaration of Assets and Interests (Law no. 11/2003, of 28 July); and
• Criminal Procedure Code (Decree-Law no.48/96/M, of 2 September).
   

Yes. The Law on Prevention and Repression of Corruption in the Private Sector and the Regime of Prevention and Repression of Acts of Corruption in Foreign Trade were both enacted in the last ten years.

Yes, a bribe payment to domestic government officials is prohibited by Article 339 of the Macau Penal Code. An active corruption crime is committed by whoever provides or promises, personally or through an intermediary, with his or her consent or ratification, to a civil servant (herein, a government official) upon indication and with the former’s knowledge, an undue pecuniary or non-pecuniary advantage. Only willful misconduct is punishable.

Yes, a bribe payment to a foreign government official is prohibited by the Regime of Prevention and Repression of Acts of Corruption in Foreign Trade, (Law no.10/2014, of 31 December). Pursuant to Article 4 of the Regime of Prevention and Repression of Acts of Corruption in Foreign Trade, whoever willfully provides or promises to a civil servant of a jurisdiction outside of Macau, or to an employee of an international public organization, an undue pecuniary or non-pecuniary advantage, as consideration for an action or an omission during his/her duties, to obtain or retain a business or another undue advantage within the scope of foreign trade, commits a crime of active corruption in foreign trade. Only willful misconduct is punishable.

Yes, requesting or accepting a bribe is prohibited both in the public and private sector. 

In respect of the public sector, any civil servant who, by himself or through a third party designated for such purpose and with its consent or ratification, requests or accepts a pecuniary or non-pecuniary advantage as compensation for the commission of certain act or omission, may be liable for a crime of passive corruption. 

Further, the crime of private passive corruption is also punishable under the Law on Prevention and Repression of Corruption in the Private Sector (Law no.19/2009, of August 17), provided that there is a solicitation or acceptance of any pecuniary or non-pecuniary undue advantage or the promise of any such advantage by any person holding management or administration positions in any private sector entity, even where irregularly incorporated, directly or through a third party, for themselves or for a third party.
 

Natural and legal persons are both subject to the legislation. While Article 10 of the Macau Penal Code provides that, only natural persons are susceptible to criminal liability, one of the exceptions is the crime of active corruption in foreign trade, pursuant to the Regime of Prevention and Repression of Acts of Corruption in Foreign Trade. Under this exception, liability is also extended to legal persons.

As a rule, only natural persons are criminally liable, notwithstanding, the exception provided in Article 4 of Law no.10/2014 regarding the crime of active corruption in foreign trade. According to the law, legal persons (even irregularly incorporated) and associations without legal personality are liable for the crime of active corruption in foreign trade, when it is committed by:

• its corporate bodies or representatives; or
• by a person under the authority of its bodies or representatives, where the commitment of the crime may have been possible due to a willful breach of duties of due diligence or control that may fall upon them.

Concerning crimes of corruption in the public sector:

• the punishment for passive public corruption crime for an unlawful act (as provided in Article 337 of the Macau Penal Code) is a prison sentence of one to eight years;
• the punishment for passive public corruption crime for a lawful act (as provided in Article 337 of the Macau Penal Code) is a prison sentence of up to two years or fines between MOP 12,000 and MOP 2,400,00 The punishment will not take place when a perpetrator, prior to carrying out the action, voluntarily rejects the offer or the promise that he/she accepted, or where he/she returns the advantage, or in case of fungible goods, its value; and 
• the commitment of active corruption crime for unlawful action will entail in a prison sentence of up to three years or a fine, with the purpose set out in Article 337 of the Macau Penal Code or a prison sentence of up to six months or penalty fine between MOP 3000,00 and MOP 600,00, with the purpose set out in Article 338 of the Macau Penal Code.

Regarding corruption crimes in the private sector:

• The commitment of a passive corruption crime will entail in a prison sentence of up to one year or a fine; where the action or omission provided in Article 3 (1) of Law no.19/2009 gives rise to unfair competition, the perpetrator shall be punished with a prison sentence of up to two years or a fine; conversely, when the action or omission provided in Article 3 (1) of Law no.19/2009 gives rise to damages to the health or safety of third parties, a perpetrator shall be punished with a prison sentence of up to three years or a fine.
• The commitment of active corruption crime will entail in a prison sentence of up to six months or a fine; further, where the conduct provided in Article 4 (1) of Law no.19/2009 gives rise to unfair competition, the perpetrator shall be punished with a prison sentence of up to one year or a fine; conversely, where the action or omission provided in Article 3 (1) of Law no.19/2009 gives rise to damages to the health or safety of third parties, a perpetrator shall be punished with a prison sentence of up to two years or a fine.

Lastly, concerning active corruption in foreign trade, the commitment of the active corruption crime within the scope of foreign trade by a natural person will entail in a prison sentence of up to three years or a fine of up to a maximum of MOP 10,000,000,00 and if the crime was committed by a legal person, the penalties are judicial winding-up or additional penalties ( such as a practice ban for a period of one to ten years and closure of the establishment for a period of one month or one year).
 

As indicated previously, corporate entities are only criminally liable for crimes in connection with active corruption within the scope of foreign trade, pursuant to Law no.10/2014. The penalties for the said crime, when committed by a natural person, is a prison sentence of up to three years or a fine of up to a maximum of MOP 10,000,000,00, and when committed by a legal person, the penalties are judicial winding-up or additional penalties (such as a practice ban for a period of one to ten years and the establishment closure for a period of one month or one year).

As a result of the abovementioned, the criminal liability of legal persons for corruption crimes only exists in connection to the crime of active corruption within the scope of foreign trade.

Notwithstanding the non-existence of a specific rule Article 5 (2) of Law no.10/2014, may be interpreted such that the existence and adoption of a compliance program designed to prevent bribery, may exclude the liability of legal persons for actions of active corruption committed by their workers, employees and any other person acting on behalf and/or representing the legal person within the scope of foreign trade.
 

Deferred prosecution agreement or leniency agreement does not exist in Macau’s legal system.

However, pursuant to Article 6 of Law no.10/2014, the penalty can be especially mitigated or waived by the judge if the agent specifically assists in gathering decisive evidence for the identification or capture of other perpetrators or in some way, for providing decisive information for the discovery of the truth.