Wed, May. 30, 2007

More Extraterritoriality

LL - Washington.   The German Federal Ministry of Justice prepares to close of a gap in transnational corruption enforcement. On May 30, 2007, the federal cabinet in Berlin decided to amend the corruption provisions of the German Criminal Code.

The amendments would expand criminal jurisdiction over transnational bribery cases that have no commercial effects. The extraterritorial effect would exist regardless of whether the conduct would involve a German official, or a German national who may bribe a foreign official.

Currently, transnational bribery under German law is a criminal offense only when bribes are paid in Europe to a European official or elsewhere with a commercial motive.

In order to comply with international agreements, Germany will also need to outlaw payments to legislators more extensively because the agreements regard legislators as officials.


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