• The Anti-Corruption Law enacted in 2014;
• The Antitrust Law enacted in 2014;
• The Organic Law Against Organized Crime and Terrorism Financing enacted in 2012;
• The Public Function Statute Law enacted in 2002; and
• The Code of Ethics of the Public Servant enacted in 1997.

Yes, there have been three relevant laws enacted in the last ten years as outlined below:

• The Anti-Corruption Law enacted in 2014;
• The Antitrust Law enacted in 2014; and
• The Organic Law Against Organized Crime and Terrorism Financing enacted in 2012.

Yes, the Anti-Corruption Law, article 63 of 2014 prohibits a public official from receiving a benefit or other undue profit or accepting the promise of such a benefit or profit in exchange for any action in the performance of the public official’s duties. The law provides that the public official and the party who gives or promises the benefit or other profit are subject to penalties. In addition, article 73 prohibits influence peddling.

Yes, the Anti-Corruption Law, article 85 prohibits bribing a foreign public official. It provides the person that, on his/her own or through an intermediary, directly or indirectly promises, offers or grants to a Foreign Public Official, through their nationals, people with regular residence in their territory and enterprises domiciled in the official’s territory, any valuable object or any other profit, such as gifts, favors, promises or benefits, in exchange for such official performing or omitting any act, while exercising his/her public functions, related to a transaction of economic, commercial or any other nature, shall be punished with imprisonment ranging from six to twelve years.

Yes, under the Anti-Corruption Law, articles 62, 63 and 64.

Article 62 prohibits a public official from making or forcing another person to promise or give a benefit or profit in exchange for any action in the performance of the public official’s duties.

Article 63 prohibits a public official from receiving a benefit or other undue profit or accepting the promise of such a benefit or profit in exchange for any action in the performance of the public official’s duties.

Article 64 provides as follows: the public official who receives or seeks a promise to receive a sum of money or any other undue profit in exchange for delaying or omitting an action of his/her duties or for performing an action contrary to the public official’s duties.

In addition, article 73 prohibits influence peddling. Article 74 prohibits public officials from taking advantage of their position to benefits from public administration functions.

Persons and entities, private or public, governmental; public officials; administrators, representatives of companies, foundations, and associations. There is no special provision regarding foreign individuals or entities, but the Anti-Corruption Law, article 98, establishes that the judge can order the confiscation of assets of any foreign individual or entity that has been declared guilty of a corrupt act.

Yes, there is criminal liability for corporate entities that have made a bribe payment.

A breach of article 62 of the Anti-Corruption Law is punishable by a fine of up to 50 percent of the benefit provided or promised and/or a term of imprisonment ranging from three to seven years. 

A breach of article 73 is punishable by imprisonment for a term ranging from two to four years. In addition, violations of article 74 are punishable with imprisonment ranging from one to five years and a fine equivalent to fifty percent of the benefit sought.

The Organic Law Against Organized Crime and Terrorism Financing states that if bribery is carried out by a company representative acting on behalf of the company, the bribe could be considered as an act of organized crime, and the company will be subject to the following sanctions:

• Liquidation of the company;
• Prohibition from engaging in specified activities;
• Confiscation of (1) the assets used to commit a crime, and (2) any assets or benefits obtained as a result of the crime;
• Publication, at the company’s expense, of the Judicial Decision in one of the national newspapers;
• A fine of up to the value of the capital, goods or assets, in the case of money laundering;
• Transfer of the criminal files to the national entities or bodies in order to decide if any concessions or licenses provided to the company by the state should be revoked. 

The law does not establish any provision regarding this matter. However, article 74 of the Venezuela Criminal Code establishes the possibility for the Court to reduce the sentence for any action that, in the Judge’s sole discretion, has reduced the seriousness of the crime.

The law does not establish any provision regarding this type of agreement. However, the Venezuelan Criminal Proceedings Code, article 40, establishes that in special circumstances, the prosecution office can request the court to dismiss all or part of, the charges. These special circumstances include the situation where there is cooperation between the accused and the prosecution office on criminal organization matters.