Anti-Bribery and Corruption Laws in Austria

Being Bribed

s304: Public Sector Bribery 

Requesting, accepting or being promised a personal benefit 1 Personal benefit” does not include :info: advantages that are permitted by law or given in the context of events where there is an official or objectively justified interest in participating; (ii) advantages for public purposes for the use of which a public officer does not exercise any influence; (iii) customary gifts of minor value, unless they are given with a view to generating income on a sustainable basis (gewerbsmäßig).  or a benefit for a  third person as a condition for the improper performance or omission of a public function.

s305: Acceptance of benefits

 Accepting or being promised a personal benefit or a benefit for a third person as a condition for the improper performance or omission of a business activity.

Being Bribed

Acceptance of benefits with the intent of being influenced

Requesting a personal benefit or a benefit for a third person or accepting an undue  2 “Undue” refers to an influence which aims at improper performance of a public function or the omission of such performance, or is connected with the offering, promising or giving of an undue advantage to a public official or a third person connected to him / her.  benefit with the intent of being influenced in the exercise of a public function.

Bribing

Public Sector Bribery

Offering, promising or giving to a  public official  6  “Public official” includes arbitrators and experts establishing an expert opinion in a public function, as well as members of the representative bodies in Austria, employees and organs of state and affiliated companies. or to a third person a financial or other benefit with the intent of inducing the public official to improperly perform a public function  7. Including foreign public officials. Belgium: 1 The law does not provide for any exceptions for facilitation payments.The size of the offer, promise or advantage is not relevant. 2 Moderate hospitality and gifts are tolerated. However, they should be moderate and are acceptable only if the giver has no intention of persuading the public official to commit an act relating to his official job duties. 3 Moderate hospitality and gifts are tolerated. However, they should be moderate and are acceptable only if the giver has no intention of persuading the director or the company’s employee to act or to refrain from certain acts within his functions.

Individuals

• Imprisonment for up to three years
• When advantage exceeds EUR 3,000: imprisonment between six months and five years
• When advantage exceeds EUR 50,000: imprisonment between one and ten years

s304: Companies / Partnerships

• Maximum fines between 55 – 130 daily rates  3 “Daily rates” are financial penalties applied in lieu of a prison sentence. They are calculated by reference to the economic means of the perpetrator multiplied by a certain number of (fictitious) days reflecting the gravity of the offence.  depending on amount of advantage given / offered

s305: Companies / Partnerships

• Maximum fines between 40 – 100 daily rates

Individuals 4 Not liable for acceptance or request of a minor benefit, unless the act is committed commercially.

• Imprisonment for up to two years
• When advantage exceeds EUR 3,000: imprisonment up to three years
• When  advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships 5 See footnote 6.

• Maximum fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

• Imprisonment for up to three years
• When advantage exceeds EUR 3,000: imprisonment between six months and five years
• When advantage exceeds EUR 50,000: imprisonment between one and ten years

Companies  / Partnerships

• Fines between 55 – 130 daily rates depending on amount of advantage given / offered

Bribing

s307a: Granting of benefits Offering, promising or giving to a public official or a third person an undue benefit in exchange for such public official to improperly perform a public function.

s307b: Granting of benefits to influence

Intentionally offering, promising or giving an undue benefit to a public official or a third person with the intent of influencing the performance of the public function by the public official.

Being Bribed / Bribing 

Illicit intervention

Requesting, being promised, or accepting a personal benefit or an advantage for a third person for exercising undue influence on the decision-making of a public official; or

Offering, promising or giving of a benefit to a third person in exchange for such third person influencing the decision- making of a public official.

Being Bribed / Bribing

Private Sector Bribery

Requesting or accepting a personal benefit or a benefit for a third person for the improper performance or omission of a business activity; or

Offering, promising or giving to an employee or agent of a company a financial or other benefit in his favour or in favour of a third person with the  intent of inducing improper performance of a business activity.

Individuals

• Imprisonment up to two years
• When advantage exceeds EUR 3,000: imprisonment up to three years
• When advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

• Fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

• Imprisonment up to two years
• When advantage exceeds EUR 3,000: imprisonment up to three years
• When advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

• Fines between 40 – 100 daily rates depending on amount of advantage given / offered

Individuals

• Imprisonment for up to two years
• When advantage exceeds EUR 3,000: imprisonment up to three years
• When  advantage exceeds EUR 50,000: imprisonment between six months and five years

Companies  / Partnerships

• Fines between 40 – 100 daily rates depending on amount of advantage given / offered