Anti-Bribery and Corruption Laws in Angola

Unlawfully receiving an advantage: 

— It is a crime for a public official (in the exercise of his functions or because of them), to solicit or accept, by himself or through an intermediary, with its consent or ratification, for himself or for a third party, an undue advantage. 

— To offer or promise, individually or through an 

intermediary with its consent or ratification, any undue advantage to an official or to a third person (by indication or knowledge of an official), during the course of its functions or because of those functions. 

– With exception to offers that are socially adequate. 

Passive corruption of public official: 

It is an offence for an official, by himself or through an intermediary, with his consent or ratification, to solicit or accept, for himself or for a third party, an advantage, or its promise, in order to act or fail to act in relation to duties of the office, even if committed prior to such solicitation or acceptance. 

– The agent is exempt from penalty whenever he voluntarily repudiates the offer or promise he had accepted, refunds the advantage or, in the case of a fungible thing, its value, before the commission of the fact. 

Active corruption of public official: 

It is an offence to give or promise to an official or a person specially obliged to provide a public service, or to a third person with their knowledge, directly or through an intermediary, with his consent or ratification, an advantage to perform an act or omission regarding duties of the office. 

– The agent is exempt from penalty whenever he withdraws the promise, refuses to offer the advantage or requests its restitution before the commission of the fact. 

Active corruption of Magistrate or Arbitrator: 

It is an offence to offer or promise, individually or through an intermediary with its consent or ratification, any undue advantage to a Magistrate or Arbitrator to perform any act during the course of its functions or because of those functions. 

Passive corruption of Magistrate or Arbitrator: 

It is an offence for a Magistrate or Arbitrator to solicit or accept, for himself or for a third party, an advantage, or its promise, in order to act or fail to act in a way that violates or not the legal duties, even if committed prior to such solicitation or acceptance. 

Active corruption in international commerce: 

It is a criminal offence to offer or promise to a public official, national or foreign, or holder of national or foreign political office, any benefit for, unlawfully, to change or maintain a contract, business or advantageous position in the field of international trade. 

Passive corruption in the private sector: 

Whoever, not having the status of public official and working, holding a position or performing duties for any association or organization or legal person, regularly or irregularly constituted, in the private sector, directly or indirectly, by himself or through an intermediary, receives for himself or a third party, an advantage or accepts a promise thereof, which is not due to him, as compensation for conduct contrary to his professional or functional duties and, in this way, violates competition rules or causes property damage to a third party or to the entity for whom he works, holds a position or performs functions commits this criminal offense. 

Active corruption in the private sector: 

Whoever, by himself or through a third party, offers an advantage or a promise thereof, as compensation for conduct contrary to professional or functional duties and, in this way, violates competition rules or causes property damage to a third party or the entity for whom he/she works. 

For the crime of unlawful receiving of an advantage: 

• From one to five years imprisonment (if public official finds itself on the receiving end of advantage); 
• Three to six years imprisonment or a fine of up to 360 days (for the perpetrator giving unlawful advantage). 5 The fine applicable to legal and natural persons is calculated in a variable amount by reference to the number of days in prison applicable to natural persons. The amount will be calculated taking into consideration, for example, the economic and financial status of the defendant.  

For the crime of passive corruption of public official: 

• Up to two years imprisonment or a fine of up to 240 days; 
• Up to three years imprisonment or a fine of up to 360 days respectively (if the act or omission is contrary to the duties of the position or function); 
• From three to seven years imprisonment (if the request, acceptance or promise of an advantage is intended for the commission of a criminal offense); 
• From three to ten years imprisonment (if the request, acceptance or promise of an advantage is intended to commit a criminal offense and is executed). 

For the crime of active corruption of public official: 

• Up to two years imprisonment or a fine of up to 240 days; 
• Up to three years imprisonment or a fine of up to 360 days respectively (if the act or omission is contrary to the duties of the position or function); 
• From three to seven years imprisonment (if the offer, gift or promise of advantage is intended for the commission of a criminal offense); 
• From three to ten years imprisonment (if the criminal unlawful act is committed). 

For the crime of active corruption of Magistrate or Arbitrator: 

• Up to five years imprisonment; 
• From two to seven years imprisonment (if the offer, promise or concession of advantage has the purpose of committing an illegal act or contrary to the duties of the position or function); 
• From three to twelve years imprisonment (if the criminal unlawful act is committed). 

For the crime of passive corruption of Magistrate or Arbitrator: 

• From one to five years imprisonment; 
• From three to ten years imprisonment (if the solicitation, demand or acceptance of a promise or advantage is intended for the practice of an unlawful act or contrary to the duties of the position or function); 
• From five to sixteen years imprisonment (if the criminal unlawful act is committed). 

For the crime of active corruption in international commerce 6 Maximum and minimal penalties rise to one-third if the act was committed by members of organs of sovereignty or public office. : 

• From one to five years imprisonment; 
• From two to eight years imprisonment (if the corruption involves a criminal association, organization or group and is international in nature); 

For the crime of passive corruption in the private sector:  7  If the agent repudiates the promise or returns the benefit received before causing damage and carrying out the conduct that violates his professional or functional duties, he is exempt from the penalty.

• Up to three years imprisonment or a fine of up to 360 days; 
• Up to one-year imprisonment or a fine of up to 120 days respectively (if the agent does not violate any of his professional or functional duties, but accepts the promise or receives benefit); 

For the crime of active corruption in the private sector: 

• Up to three years imprisonment or a fine of up to 360 days; 
• Up to 18 months imprisonment or a fine of up to 180 days respectively (if the agent, before the act is performed, expressly withdraws the promise or requests the restitution of the advantages offered); 
• From three to five years imprisonment (if the corruption involves a criminal association, organization or group and is international in nature). 

• The company can avoid liability if it can demonstrate that the criminally relevant act or omission was not perpetrated on its behalf or collective interest and that there were no violations of any duties of due diligence or control by the person with a leadership position responsible for these duties. 
• The company may also avoid liability if it can demonstrate that the perpetrator acted against orders or express instructions provided by those with the authority and capacity to do so.