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Belgium

Anti-Bribery and Corruption Laws in Belgium

Belgium
Source of lawPublic Bribery (Article 246 & foll.  Criminal Code)Public Bribery (Article 504bis & foll. Criminal Code)
Offence

Active Public Bribery

Offering, promising or giving (directly or indirectly) an advantage of any kind to a person exercising a public function, either for himself or a third party, in order to induce him to:

  • Perform an act within the scope of his responsibilities which is not subject to remuneration;
  • Perform an improper act, or refrain from a proper one, in the exercise of his function;
  • Commit an offence in the exercise of his function; or
  • Use influence derived from his function to obtain performance or non-performance of an act by a public authority.

Passive Public Bribery

A person exercising a public function requesting or accepting directly or via another person an offer, promise or any advantage for himself or a third party, to act as described in (1) to (4) above.

Active Private Bribery

Offering or giving to a company director any advantage intending to induce him to act, or to refrain from certain acts within his functions or accepting such advantage without the board of directors’ authorisation.

Passive Private Bribery

A person acting as a director or employee of a company requesting or accepting directly or through another person an offer, promise or any advantage for himself or a third party, to do or refrain from doing certain acts within his function, without the board of directors’ authorisation.

The bribe  
Is there a presumption that the advantage was given/received corruptly?NoNo
Would facilitation payments be caught?Yes  1 The law does not provide for any exceptions for facilitation payments. The size of the offer, promise or advantage is not relevant. Yes  1 The law does not provide for any exceptions for facilitation payments. The size of the offer, promise or advantage is not relevant.
Would corporate hospitality be caught?Yes  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 Yes  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.
Is there any de minimis?NoNo
Does the bribe have to be monetary?NoNo
Public officials  
Does the offence only apply to bribing public officials?YesNo
Acts performed outside Belgium  
Can bribery performed outside Belgium be caught?Yes Yes 
Does the act also need to be illegal in the foreign country of performance?NoYes
Who can be liable  
Belgian nationals?YesYes
Belgian company?YesYes
Belgian  partnership (including limited liability partnerships) incorporated?YesYes
Director of Belgian  company?Yes (either directly or if the director consented or connived in an offence committed by the company)Yes (either directly or if the director consented or connived in an offence committed by the company)
Belgian  company if the bribe is committed abroad by its foreign subsidiary?YesYes
Foreign subsidiary of an Belgian company if the bribe is committed abroad?YesYes
Foreign national/company/partnership if bribe is committed in Belgium?YesYes
Foreign national domiciled or “ordinarily resident” in Belgium if bribe is committed outside Belgium?YesYes (but the act also needs to be illegal in the foreign country of performance)
Foreign company/partnership if bribe is committed abroad?YesYes
Penalties  
Penalties

Individuals

  • Fine up to EUR 800,000
  • Imprisonment up to five years
  • Confiscation of the proceeds of the  offence
  • Professional restrictions i.e. restrictions may be imposed on the power of company directors, auditors or managers

Legal entities

  • Fine up to EUR 1.6m
  • Confiscation of the proceeds of the  offence
  • Debarment from tendering

When the bribery concerns a person exercising a public function in a foreign country or in an organisation governed by public international law, the maximum fine mentioned above is quintupled

Individuals

  • Fine up to EUR 400,000
  • Imprisonment up to three years
  • Confiscation of the proceeds of the  offence

Legal entities

  • Fine up to EUR 800,000
  • Confiscation of the proceeds of the  offence
  • Debarment from tendering
Defences  
Are there any defences available?NoNo