A person commits an offense under Section 6 of the Bribery Act if:

  1. (s)he directly or indirectly offers, promises or gives
  2. any financial or other advantage
  3. to a foreign public official or another person at the request of, or with the assent or acquiescence of, the foreign public official
  4. with the intention of influencing the foreign public official in his or her capacity as a foreign public official, and
  5. with the intention of obtaining or retaining business or an advantage in the conduct of business.

A person also commits an offense under Section 6 if the official is not permitted under applicable written law to be influenced in his capacity as a foreign public official by the offer, promise or gift.

A corporate entity may be guilty of a Section 6 offense under certain circumstances.  For more on Corporate Criminal Liability, see here.

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