The key anti-bribery and corruption legislation includes:

• The Bribery Act No. 11 of 1954 (as amended); and
• The Penal Code 1883 (as amended).

In addition to the above, the following statutes also contain provisions pertaining to and incidental to the prevention of bribery and corruption:

• The Public Bodies (Prevention of Corruption) Act No. 13 of 1950;
• The Declaration of Assets and Liabilities Law No. 1 of 1975;
• Prevention of Money Laundering Act No. 5 of 2006;
• The Public Property Act No. 12 of 1982;
• Convention on the Suppression of Terrorist Financing Act No. 25 of 2005;
• Foreign Exchange Act No. 12 of 2017; and
• Sri Lanka has also ratified the UN Anti-Corruption Convention, signed the UN Convention against Transnational Organized Crime and endorsed the OECD-ADB Anti-Corruption Regional Plan.
   

Specific anti-bribery and corruption laws enacted in the last ten years include:

• The Bribery (Amendment) Act No 22 of 2018;
• The Judicature (Amendment) Act No. 9 of 2018 - This Act enabled the High Court established under Article 154P of the Constitution to try, hear, and determine prosecutions and indictments in respect of financial and economic offenses including offenses relating to bribery, corruption and money laundering with three judges sitting together;
• The Foreign Exchange Act No. 12 of 2017;
• The Prevention of Money Laundering (Amendment) Act No. 40 of 2011; and
• The 19th Amendment to the Constitution (published in the Gazette on the 16th of March 2015 and placed on the order paper of Parliament on the 24th of March 2015) established the Presidential Commission to make inquiries into serious acts of fraud, corruption, and abuse of power, state resources, and privileges. It empowered the Commission to inquire into or investigate into allegations of bribery or corruption, by its own motion or on a complaint made to it and to initiate an investigation on information received and thus expedited the investigation process.
   

Yes, Part 2 of the Bribery Act (as amended) specifically sets out the prohibition of bribery for government officials. In this connection, the Act uses the term “public servant” (please refer below for definition). 

Chapter IX of the Penal Code also sets out offenses by or relating to public officers.

The offenses set out in the Bribery Act are as follows:

• Section 14 sets out for the offense of soliciting or accepting a bribe by judicial officers and Members of Parliament that is accepting or soliciting any gratification as an inducement or a reward for his doing or forbearing to do any act in his judicial capacity or in his capacity as such.
• Section 15 sets out for the offense of a member of Parliament soliciting or accepting any gratification as an inducement or a reward for his interviewing a public servant on behalf of any person or his appearing on behalf of any person before a public servant exercising judicial or quasi-judicial functions.
• Section 16 sets out for the offense of offering or soliciting or accepting any gratification by any police officer, peace officer, or other public servant, employed in any capacity for the prosecution, detection or punishment of offenders, or to an officer of a court.
• Section 17 sets out for the offense of offering or soliciting or accepting any gratification by a public servant as an inducement for a reward for such public servant’s giving assistance or using his influence. 
• Section 18 sets out for the offense of offering or soliciting or accepting any gratification by a public servant as a bribe for procuring or withdrawal of tenders.
• Section 19 sets out for the offense of offering or soliciting or accepting any gratification by a public servant in relation to government business.
• Section 20 sets out the offense of Bribery in connection with the payment of claims, appointments, employments, grants, leases, and other benefits. (This applies in respect of all persons, not just public servants).
• Section 21 sets out the offense of bribing public servants by persons having dealings with the government

The above is an inclusive clause and as such certain institutions which are not scheduled under the Bribery Act nor scheduled under the provisions of particular statutes may by interpretation be brought under the Bribery Act, under the clause every officer, servant or employee of the State.

• Section 70 sets out for the offense of corruption and states that any public servant who, with intent to cause wrongful or unlawful loss to the government does or forbears to do any act which he is empowered to do by virtue of his office as a public servant shall be guilty of an offense.

The offenses set out in Chapter IX of the Penal Code are as follows:

• Section 158 sets out the offense of a public servant taking gratification other than legal remuneration in respect of an official act.
• Section 159 sets out the offense of any person taking gratification by corrupt or illegal means, to influence a public servant.
• Section 160 sets out the offense of any person taking gratification for the exercise of personal influence with a public servant.
• Section 161 sets out the offense of abetment by public servant of the offenses above defined.
   

The Bribery Act does not expressly cover foreign government officials. However, the aforementioned provisions of the Penal Code may apply if the offense was committed within the territorial jurisdiction of Sri Lanka. 

Yes, both active and passive bribery is prohibited by the provisions of the Bribery Act.

The categories covered by the legislation are “person” and “public servant”. (Please also see paragraph 3 above).

In this context, a “public servant” is defined in Section 90 of Bribery Act as including “a Minister of the Cabinet of Ministers, Minister appointed under Article 45 of the Constitution, Speaker, Deputy Speaker, Deputy Chairman of Committees, Deputy Minister, Governor of a Province, Minister of the Board of Ministers of a Province, Member of Parliament, every officer, servant or employee of the State, any chairman, director, Governor, member, officer or employee whether in receipt of a remuneration or not, of a Provincial Council, local authority or of a scheduled institution, or of a company incorporated under the Companies Act in which over 50 percent of the shares are held by the Government, Member of a Provincial Public Service, Every juror, every licensed surveyor and every arbitrator or other person to whom any cause or matter has been referred for decision or report by any court or any other competent public authority.”

The above is also set out in Section 19 of the Penal Code as the definition for “public servant”.

Section 10 of the Penal Code defines ― “person” as including ― any company or association or body of persons, whether incorporated or not. Therefore, a “person” includes both natural and legal persons including any company or association or body of persons, whether incorporated or not. 

Section 2(s) of the Interpretation Ordinance No. 18 of 1972 sets out “person” as including any body of persons corporate or incorporate.

Criminal liability may be imposed against legal persons for bribery. Section 2 of the Penal Code provides that every person shall be liable to punishment under the Penal Code. A “person” is defined in Section 10 as including ― any company or association or body of persons, whether incorporated or not.

The Bribery Act (Sections 14-20) provides that any person who offers any gratification to a public servant or who, being a public servant, solicits or accepts any gratification shall be guilty of an offense punishable with rigorous imprisonment for a term of not more than seven years and a fine not exceeding five thousand rupees. 

The Penal Code (Sections 158-161) provides that a public servant shall be punished with imprisonment of either description for a term which may extend to three years, or with a fine, or with both.
 

All bribery offenses under the Bribery Act are punishable by imprisonment of up to seven years and a fine not exceeding LKR 5,000 (approx. USD 30). However, legal persons can only be fined as they cannot be imprisoned.

The general active and passive bribery offenses in the Penal Code are punishable by imprisonment of up to three years and/or a fine. The Penal Code does not prescribe a maximum limit for fines.
 

A mere compliance program alone will not be sufficient; however, it may be of evidentiary value.

Sri Lanka does not have legal provisions for deferred prosecutions or leniency agreements. However, plea bargaining may be a possibility. Plea bargains, if any, are at the discretion of the judge and depend on each individual case.