Lex Mundi Global Anti-Corruption Compliance Guide |
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Grenada |
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(Latin America/Caribbean)
Firm
Grant, Joseph & Co.
Contributors
Gaius Joseph |
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| What is the key anti-bribery and corruption legislation in your jurisdiction? | The key anti-bribery and corruption legislation in Grenada is the Prevention of Corruption Act, 2007 and the Integrity in Public Life Act, 2013. |
| Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years? | Yes, the Integrity in Public Life Act, 2013. |
| 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. |
| Who is subject to the legislation? | In relation to the Integrity in Public Life Act, 2013, all persons in public life as referred to in the First Schedule of the Integrity in Public Life Act, 2013, which schedule is reproduced in the schedule below. All persons are subject to the Prevention of Corruption Act, including companies and associations or bodies of persons whether corporate or non-corporate. |
| Is there criminal liability for corporate entities who have either paid or accepted a bribe payment? | Yes. |
| What is the penalty for individuals violating the law? | Under the Prevention of Corruption Act, a fine not exceeding XCD 50,000.00 or imprisonment not exceeding three years and in the case of a public officer, disqualification from holding public office for a period of seven years from the date of conviction for the offense. Where the person to whom a bribe is offered or who accepts the bribe, is a member of Parliament, the penalty is a fine not exceeding XCD 100,000.00 or imprisonment not exceeding five years or both such fine and imprisonment. Additionally, a person accepting a bribe may be ordered to pay a fine equal to the bribe payment/ value of the gift, which is also provided for by the Integrity in Public Life Act, 2013. |
| Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law? | No distinction is made in the legislation between the penalty for individuals and that for corporate entities. |
| Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense? | No, the matter is not specifically addressed in the legislation. |
| 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? | 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. |
Lex Mundi Global Anti-Corruption Compliance Guide
Grenada
(Latin America/Caribbean) Firm Grant, Joseph & Co.Contributors Gaius Joseph
Updated 18 Mar 2020The key anti-bribery and corruption legislation in Grenada is the Prevention of Corruption Act, 2007 and the Integrity in Public Life Act, 2013.
Yes, the Integrity in Public Life Act, 2013.
Yes.
Yes.
Yes.
In relation to the Integrity in Public Life Act, 2013, all persons in public life as referred to in the First Schedule of the Integrity in Public Life Act, 2013, which schedule is reproduced in the schedule below. All persons are subject to the Prevention of Corruption Act, including companies and associations or bodies of persons whether corporate or non-corporate.
Yes.
Under the Prevention of Corruption Act, a fine not exceeding XCD 50,000.00 or imprisonment not exceeding three years and in the case of a public officer, disqualification from holding public office for a period of seven years from the date of conviction for the offense. Where the person to whom a bribe is offered or who accepts the bribe, is a member of Parliament, the penalty is a fine not exceeding XCD 100,000.00 or imprisonment not exceeding five years or both such fine and imprisonment. Additionally, a person accepting a bribe may be ordered to pay a fine equal to the bribe payment/ value of the gift, which is also provided for by the Integrity in Public Life Act, 2013.
No distinction is made in the legislation between the penalty for individuals and that for corporate entities.
No, the matter is not specifically addressed in the legislation.
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.