Lex Mundi Global Anti-Corruption Compliance Guide |
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Barbados |
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(Latin America/Caribbean)
Firm
Clarke Gittens Farmer
Contributors
Rosalind Smith Millar |
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What is the key anti-bribery and corruption legislation in your jurisdiction? | Key anti-bribery and corruption legislation in Barbados includes:
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Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | Yes. specific anti-bribery and corruption laws enacted in Barbados in the past ten years include:
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Is a bribe payment to domestic government officials prohibited by the legislation? | Yes. |
Is a bribe payment to foreign government officials prohibited by the legislation? | Yes. |
Is requesting or accepting a bribe prohibited by the legislation? | Yes, both requesting and accepting bribes are prohibited. Offering a bribe is also prohibited. |
Who is subject to the legislation? | Persons subject to legislation in Barbados include:
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Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes, by implication: Section 36(1) of the Interpretation Act, Chapter 1 of the Laws of Barbados, provides that “words importing persons or male persons shall include male and female persons, corporations (whether aggregate or sole) and unincorporated bodies of persons.” However, Section 22(2) of Chapter 1 provides that “where an offense has been committed by a body corporate the liability of whose members is limited, then notwithstanding and without prejudice to the liability of that body, any person who at the time of such commission was a director, general manager, secretary or other like office of that body or was purporting to act in any such capacity shall be liable to be prosecuted as if he had personally committed that offense” and, if he consented to or connived at or failed to exercise reasonable diligence to prevent the offense in all the circumstances, he may be liable to conviction and punishment as if he had been personally guilty. |
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? | The above penalties apply to all “persons” who are subject to the Act. In addition, under the Money Laundering and Financing of Terrorism (Prevention and Control) Act, 2011-23, a person who has been convicted of an indictable offense under any law may not be licensed to carry on the business of a financial institution; if already licensed, the license may be revoked. |
Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | Having a compliance program designed to prevent bribery may be a mitigating factor, but is unlikely to provide a complete defense. |
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? | There is no provision for this kind of arrangement in the laws of Barbados. |
Lex Mundi Global Anti-Corruption Compliance Guide
Barbados
(Latin America/Caribbean) Firm Clarke Gittens FarmerContributors Rosalind Smith Millar
Updated 01 Feb 2022Key anti-bribery and corruption legislation in Barbados includes:
- The Prevention of Corruption Act, 2021-24 (In force from October 28, 2021)
- The Anti-Corruption and Anti-Terrorism Agency Act, 2021-5 (In force from July 6, 2021)
- The United Nations Convention Against Corruption, adopted on October 31, 2003, which has the force of law in Barbados
Yes. specific anti-bribery and corruption laws enacted in Barbados in the past ten years include:
- The Prevention of Corruption Act, 2021-24
- The Anti-Corruption and Anti-Terrorism Agency Act, 2021-5
Yes.
Yes.
Yes, both requesting and accepting bribes are prohibited. Offering a bribe is also prohibited.
Persons subject to legislation in Barbados include:
- Persons exercising public functions, which includes: public officers; members, chief executive officers, managers, directors and employees of state-owned enterprises; any other person who holds a legislative, executive, administrative or judicial office in the Government of Barbados, whether appointed or elected, permanent or temporary, paid or unpaid.
- Foreign public officials
- Officials of public international organizations
- Persons who work in private sector entities
- Any person or agent who is acting for any of the above persons
Yes, by implication:
Section 36(1) of the Interpretation Act, Chapter 1 of the Laws of Barbados, provides that “words importing persons or male persons shall include male and female persons, corporations (whether aggregate or sole) and unincorporated bodies of persons.”
However, Section 22(2) of Chapter 1 provides that “where an offense has been committed by a body corporate the liability of whose members is limited, then notwithstanding and without prejudice to the liability of that body, any person who at the time of such commission was a director, general manager, secretary or other like office of that body or was purporting to act in any such capacity shall be liable to be prosecuted as if he had personally committed that offense” and, if he consented to or connived at or failed to exercise reasonable diligence to prevent the offense in all the circumstances, he may be liable to conviction and punishment as if he had been personally guilty.
- For the offense of bribery:
- On summary conviction: a fine of $500,000 or imprisonment for 10 years or both.
- On conviction on indictment: a fine of BBD$1,500,000 or imprisonment for 15 years or both.
- A person convicted of the offense of bribery shall be disqualified from holding any public office for a period of 10 years from the date of conviction for the offense.
- For the offenses of tipping off, falsifying, concealing, destroying or disposal of anything relevant to an investigation, on conviction on indictment, a fine of BBD$250,000 or imprisonment for 10 years or both
- For failure to comply with a disclosure order:
- On summary conviction: a fine of BBD$50,000 or imprisonment for 3 years or both
- On conviction on indictment: a fine of BBD$150,000 or imprisonment for 5 years or both
The above penalties apply to all “persons” who are subject to the Act.
In addition, under the Money Laundering and Financing of Terrorism (Prevention and Control) Act, 2011-23, a person who has been convicted of an indictable offense under any law may not be licensed to carry on the business of a financial institution; if already licensed, the license may be revoked.
Having a compliance program designed to prevent bribery may be a mitigating factor, but is unlikely to provide a complete defense.
There is no provision for this kind of arrangement in the laws of Barbados.