	Lex Mundi Global Anti-Corruption Compliance Guide
	Uruguay
	(Latin America/Caribbean) Firm Guyer & Regules Contributors Florencia Castagnola Updated 01 Feb 2022
What is the key anti-bribery and corruption legislation in your jurisdiction?	The key anti-bribery and anti-corruption regulations in Uruguay are: Law N° 17.060 (Crystal Law) of December 23, 1998, and its regulatory Decree N° 30/003 (when not repealed by Law N° 19.823); Law N° 17.008 of September 25, 1998, which ratifies the Inter-American Convention Against Corruption of the Organization of American States; and Law N° 18.056 dated as of November 20, 2006, which ratifies the United Nations Convention Against Corruption. Law N° 19.823 of September 18, 2019, the Government’s officials Ethics Code (not regulated by a Decree yet).
Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?	Yes, Law N°19.823 dated as of September 18, 2019, which refers to the Government’s officials Ethics Code and regulates specific anti-bribery and corruption matters in Uruguay.
Is a bribe payment to domestic government officials prohibited by the legislation?	Yes. According to applicable regulations (Specifically Section 12 of Law N° 19.823), it is strictly prohibited to offer any government official an undue advantage based on their position as government officials, even if the advantage is not directly for themselves. Please note that government official is a very wide category, which includes almost every person employed by the government, even representatives and judges.
Is a bribe payment to foreign government officials prohibited by the legislation?	Law N° 17.060, section 29 expressly prohibits bribe payments to foreign government officials in certain specific cases. In fact, such prohibition is limited to persons who offer, or actually bribe, foreign government officials to enter into or facilitate the entering into a foreign trade transaction.
Is requesting or accepting a bribe prohibited by the legislation?	Specifically, Law N°19.823, article 34 bans government officials from accepting or requesting money, gifts, benefits, compensations, favors, promises to give or receive one of the previous items, or any other undue advantages directly or indirectly to benefit themselves or any third parties to perform, expedite, delay or omit any due procedure.
Who is subject to the legislation?	Any individual, foreign or national, performing any of the prohibited conducts outline above (for example bribing government officials) shall face criminal charges in Uruguay. Please note that legal entities are not subject to criminal penalties in Uruguay.
Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?	As stated in the previous answer, legal corporate entities are not subject to criminal liability.
What is the penalty for individuals violating the law?	According to the Criminal Code, section 159 (Law 17.060, Section 8), individuals violating the applicable regulations shall be subject to criminal penalties consisting of imprisonment for a period ranging from approximately six months to four years. Pursuant to Law N° 17.060, section 29, persons found guilty of offering to bribe or bribing a foreign government official, as described in question 4, are subject to imprisonment for a period ranging from three months to three years.
Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?	N/A
Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?	N/A
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?	N/A

Lex Mundi Global Anti-Corruption Compliance Guide

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What is the key anti-bribery and corruption legislation in your jurisdiction?

The key anti-bribery and anti-corruption regulations in Uruguay are:

Law N° 17.060 (Crystal Law) of December 23, 1998, and its regulatory Decree N° 30/003 (when not repealed by Law N° 19.823);
Law N° 17.008 of September 25, 1998, which ratifies the Inter-American Convention Against Corruption of the Organization of American States; and
Law N° 18.056 dated as of November 20, 2006, which ratifies the United Nations Convention Against Corruption.
Law N° 19.823 of September 18, 2019, the Government’s officials Ethics Code (not regulated by a Decree yet).

Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?

Yes, Law N°19.823 dated as of September 18, 2019, which refers to the Government’s officials Ethics Code and regulates specific anti-bribery and corruption matters in Uruguay.

Is a bribe payment to domestic government officials prohibited by the legislation?

Yes. According to applicable regulations (Specifically Section 12 of Law N° 19.823), it is strictly prohibited to offer any government official an undue advantage based on their position as government officials, even if the advantage is not directly for themselves.

Please note that government official is a very wide category, which includes almost every person employed by the government, even representatives and judges.

Is a bribe payment to foreign government officials prohibited by the legislation?

Law N° 17.060, section 29 expressly prohibits bribe payments to foreign government officials in certain specific cases. In fact, such prohibition is limited to persons who offer, or actually bribe, foreign government officials to enter into or facilitate the entering into a foreign trade transaction.

Is requesting or accepting a bribe prohibited by the legislation?

Specifically, Law N°19.823, article 34 bans government officials from accepting or requesting money, gifts, benefits, compensations, favors, promises to give or receive one of the previous items, or any other undue advantages directly or indirectly to benefit themselves or any third parties to perform, expedite, delay or omit any due procedure.

Who is subject to the legislation?

Any individual, foreign or national, performing any of the prohibited conducts outline above (for example bribing government officials) shall face criminal charges in Uruguay. Please note that legal entities are not subject to criminal penalties in Uruguay.

Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?

As stated in the previous answer, legal corporate entities are not subject to criminal liability.

What is the penalty for individuals violating the law?

According to the Criminal Code, section 159 (Law 17.060, Section 8), individuals violating the applicable regulations shall be subject to criminal penalties consisting of imprisonment for a period ranging from approximately six months to four years.

Pursuant to Law N° 17.060, section 29, persons found guilty of offering to bribe or bribing a foreign government official, as described in question 4, are subject to imprisonment for a period ranging from three months to three years.

Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?

N/A

Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?

N/A

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?

N/A

Lex Mundi Global Anti-Corruption Compliance Guide

Uruguay

Lex Mundi Global Anti-Corruption Compliance Guide

Uruguay

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