Lex Mundi Global Anti-Corruption Compliance Guide |
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Iceland |
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(Europe)
Firm
LOGOS
Contributors
Helga Óttarsdóttir |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key anti-bribery and corruption legislation in Iceland is the General Penal Code no. 19/1940, cf. Articles 6.1.10, 6.1.18, 6.1.21.,109, 128 and 264.a, as well as the Act on Criminal Liability of Legal Entities Regarding Briberies and Terrorism no. 144/1998. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | The only enactment made regarding anti-bribery and corruption law in Iceland in the last ten years is the enactment of the additional protocol to the Criminal Law Convention on Corruption enacted in 2013, cf. Act no. 5/2013. The Criminal Law Convention on Corruption itself was enacted in 2003, cf. Act no. 125/2003. |
| Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. Any person who gives, promises or offers a public official, member of parliament or arbitrator a gift or other undue gain, for the official himself or other persons, in order to have him act or refrain from acting in connection with his official duties, shall be imprisoned for up to 5 years or fined if there are extenuating circumstances, cf. Article 109 of the General Penal Code no. 19/1940. |
| Is a bribe payment to foreign government officials prohibited by the legislation? | Yes. The same, as stated in answer above to "Is a bribe payment to domestic government officials prohibited by the legislation?", applies to any person who adopts such conduct towards a foreign public official, a foreign jury member, a foreign arbitrator, a member of a foreign congress of elected members with administrative duties, an official of an international organization, a member of the assembly of such an organization or the public legislative assembly of a foreign state, a judge who is a member of an international court, or an employee of such a court, in order to have them act or refrain from acting in connection with their official duties, cf. Article 109.2 of the General Penal Code no. 19/1940. |
| Is requesting or accepting a bribe prohibited by the legislation? | Yes. Public officials [member of parliament or arbitrator] are prohibited to demand, accept or accept the promise of a gift or undue gain, for himself or others, in connection with the execution of his work, cf. Article 128 of the General Penal Code no. 19/1940. |
| Who is subject to the legislation? |
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| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | If Article 109 of the General Penal Code, cf. (see answers to "Is a bribe payment to domestic government officials prohibited by the legislation?" and "Is a bribe payment to foreign government officials prohibited by the legislation?") is infringed in the activities of a legal entity, the legal entity is subject to a fine cf. Article 1 of the Act on Criminal Liability of Legal Entities Regarding Briberies and Terrorism no. 144/1998. |
| What is the penalty for individuals violating the law? |
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| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | If a corporate entity violates Article 109 or Article 264.a of the General Penal Code no. 19/1940, the legal entity is subject to a fine, cf. Article 1 of Act no. 144/1998. Furthermore, the legal entity might be deprived of the right it has acquired to engage in an activity for which an official license, authorization in law, appointment or the passing of an examination is required, cf. Articles 19. d. and 68.3 of the General Penal Code no. 19/1940. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | Assuming legal entities are liable for violating Article 109 of the General Penal Code, cf. Article 1 of Act no. 144/1998, having a compliance program designed to prevent bribery does not constitute a defense. It might affect the amount of the fine but will not provide the legal entity with impunity. |
| 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? | Assuming legal entities are liable for violating Article 109 or 264.a of the General Penal Code, cf. Article 1 of Act no. 144/1998, it is not possible for the legal entity to reach a deferred prosecution or a leniency agreement with the enforcement authorities. However, the actions of the legal entity after committing the offense might affect the amount of the fine, cf. chapter 8 of the General Penal Code no. 19/1940. |
Lex Mundi Global Anti-Corruption Compliance Guide
The key anti-bribery and corruption legislation in Iceland is the General Penal Code no. 19/1940, cf. Articles 6.1.10, 6.1.18, 6.1.21.,109, 128 and 264.a, as well as the Act on Criminal Liability of Legal Entities Regarding Briberies and Terrorism no. 144/1998.
The only enactment made regarding anti-bribery and corruption law in Iceland in the last ten years is the enactment of the additional protocol to the Criminal Law Convention on Corruption enacted in 2013, cf. Act no. 5/2013. The Criminal Law Convention on Corruption itself was enacted in 2003, cf. Act no. 125/2003.
Yes. Any person who gives, promises or offers a public official, member of parliament or arbitrator a gift or other undue gain, for the official himself or other persons, in order to have him act or refrain from acting in connection with his official duties, shall be imprisoned for up to 5 years or fined if there are extenuating circumstances, cf. Article 109 of the General Penal Code no. 19/1940.
Yes. The same, as stated in answer above to "Is a bribe payment to domestic government officials prohibited by the legislation?", applies to any person who adopts such conduct towards a foreign public official, a foreign jury member, a foreign arbitrator, a member of a foreign congress of elected members with administrative duties, an official of an international organization, a member of the assembly of such an organization or the public legislative assembly of a foreign state, a judge who is a member of an international court, or an employee of such a court, in order to have them act or refrain from acting in connection with their official duties, cf. Article 109.2 of the General Penal Code no. 19/1940.
Yes. Public officials [member of parliament or arbitrator] are prohibited to demand, accept or accept the promise of a gift or undue gain, for himself or others, in connection with the execution of his work, cf. Article 128 of the General Penal Code no. 19/1940.
- Persons and legal entities who commit an offense within the Icelandic state cf. Article 4.1. of the General Penal Code no. 19/1940.
- Icelandic citizens and/or legal entities who commit an offense abroad, cf. Articles 6.1.10, 6.1.18 and 6.1.21 of the General Penal Code.
- Persons who commit the offense abroad and are situated in the Icelandic jurisdiction (mainly when there is no extradition), cf. Articles 6.1.10, 6.1.18 and 6.1.21 of the Penal Code, which incorporate the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Criminal Law Convention on Corruption and the United Nations Convention Against Corruption.
If Article 109 of the General Penal Code, cf. (see answers to "Is a bribe payment to domestic government officials prohibited by the legislation?" and "Is a bribe payment to foreign government officials prohibited by the legislation?") is infringed in the activities of a legal entity, the legal entity is subject to a fine cf. Article 1 of the Act on Criminal Liability of Legal Entities Regarding Briberies and Terrorism no. 144/1998.
- If individuals violate Article 109 of the General Penal Code no. 19/1940, they are subject to a fine or imprisonment of up to 5 years.
- If individuals (public sector employees) violate Article 128 of the General Penal Code, they are subject to a fine or imprisonment of up to 6 years. Furthermore, public sector employees may be deprived of the permission to perform their occupation, if they are no longer considered worthy or competent to do so, cf. Article 68.1 of the General Penal Code.
- If individuals violate Article 264.a of the General Penal Code (bribery in the private sector), they are subject to a fine or imprisonment of up to 5 years for active bribery and imprisonment of up to 6 years for passive bribery.
If a corporate entity violates Article 109 or Article 264.a of the General Penal Code no. 19/1940, the legal entity is subject to a fine, cf. Article 1 of Act no. 144/1998. Furthermore, the legal entity might be deprived of the right it has acquired to engage in an activity for which an official license, authorization in law, appointment or the passing of an examination is required, cf. Articles 19. d. and 68.3 of the General Penal Code no. 19/1940.
Assuming legal entities are liable for violating Article 109 of the General Penal Code, cf. Article 1 of Act no. 144/1998, having a compliance program designed to prevent bribery does not constitute a defense. It might affect the amount of the fine but will not provide the legal entity with impunity.
Assuming legal entities are liable for violating Article 109 or 264.a of the General Penal Code, cf. Article 1 of Act no. 144/1998, it is not possible for the legal entity to reach a deferred prosecution or a leniency agreement with the enforcement authorities. However, the actions of the legal entity after committing the offense might affect the amount of the fine, cf. chapter 8 of the General Penal Code no. 19/1940.