The key anti-bribery and corruption legislation in El Salvador is the Governmental Ethics Act (“Ley de Ética Gubernamental”), in force since January 1st, 2012. Furthermore, the Anti Money Laundering Regulations have been amended in El Salvador, and Mercantile Corporations should conduct AML Diligence through the correspondent KYC process with a specific chapter of PEPs (Public Exposed Persons) and how transactions and documents should be handled.  

Yes, the Governmental Ethics Act (“Ley de Ética Gubernamental”), in force since January 1, 2012. Amendments to such Laws have not been approved yet, and the Salvadoran Congress is not currently discussing these amendments. In September 2021 Congress approved an amendment to the Criminal Process Law, including a provision that all bribery criminal actions will not apply the rules of the statute of limitation being able to prosecute and initiate the prosecution of any bribery actions committed even before the enactment of such amendment.

Yes. Pursuant to Article 6 letters a) and b) of the Governmental Ethics Act, requesting or accepting such payments is prohibited for any person employed by the government for doing, hastening, delaying or failing to do tasks or procedures related to their functions/duties. 

The Governmental Ethics Act applies only to local government officials who provide service in the public administration, inside or outside of the Republic of El Salvador. However, Article  335-A of the Criminal Code classifies and penalizes bribery to foreign government officials in the case of a commercial or economic transaction with a prison sentence between two and four years.

Yes. Pursuant to Article 6 letters a) and b) of the Governmental Ethics Act, requesting or accepting such payments is prohibited.

In regards to the Governmental Ethics Act, enacted in 2012, applying to all government officials, permanent or temporary, paid or ad-honorem, who conduct their position by election, appointment or contract, and who provide service in the public administration, inside or outside the national territory.

Furthermore, the other persons who, without being government officials, administer assets or manage public funds as well, are subject to such law in what is applicable.

Former government officials are also subject to the transgressions of such law that they may have committed in the performance of their public function.

Yes. There is criminal liability pursuant to Article 335 of the Criminal Code for persons or their representatives who offer or make a bribe payment to government officials or employees of the public sector or request to them any advantage, so that they perform an act contrary to their official duties or that they do not perform or delays a due act, will be punished with a prison sentence between six and ten years.

Individuals of the public sector who breach the Governmental Ethics Act are subject to a fine that may be between 1 and 40 minimum monthly wages of the commercial sector. The monthly minimum wage for the commercial sector is currently USD $365.00 and the amount of USD $14,600.00 would be the maximum applicable fine, the foregoing regardless of the civil, criminal or other liability that may arise. There is also a criminal penalty for individuals in public office convicted of bribery, which will depend on the purpose of the payment (Sections 330 and 331 of the Penal Code). If the bribe is paid to the public officer in order for such officer to carry out acts against his duties or to delay these duties, the penalty is between three and six years of prison, and if the payment is made for the public officer to perform his duties, the penalty imposed will be between two and four years prison.  

There is no specific anti-corruption, anti-bribery legislation for corporate entities and illicit conduct by such is not dealt with in the Governmental Ethics Act. However, the Criminal Code establishes criminal liability and penalties for individuals and/or legal representatives of corporate entities who commit bribery. If the bribe is paid by the individual or corporation for the public officer to carry out acts against his/her duties or to delay such duties, the penalty is between six and ten years prison, and if the payment is made for the public officer to perform his/her duties, the penalty imposed will be between two and four years prison.

Corporate entities are liable under the Criminal Code, not under the Governmental Ethics Act. Having a compliance program as a defense is not specifically addressed in the legislation but could limit their responsibility if there is evidence that training and conduct are not promoted by the company and if the case arises the company could submit that all actions taken were not encouraged but rather prohibited as company policies and limit the responsibility to the individual acting against corporate policies. 
 

This matter is not specifically addressed in the legislation but the better view is that the enforcement authorities have no such authority/jurisdiction to enter into said agreements. Notwithstanding the above, in regards to bribery lawsuits against the former governmental officers, the prosecutor has been agreed to short-term criminal processes to obtain a confession from such former officers.