Anti-corruption regulation—Germany—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Germany—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—Germany—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2021).

Authors: Stetter—Christopher Reichelt; Sabine Stetter

1. To which international anti-corruption conventions is your country a signatory?

As a member of the Group of States against Corruption that was set up by the Council of Europe in 1999, Germany is part of the international community that monitors states' compliance with anti-corruption standards. Furthermore, Germany is a signatory to the following international treaties on anti-corruption:

  1. the Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;

  2. the United Nations Convention against Corruption;

  3. the Convention on the protection of the European Communities' financial interests;

  4. the Council of Europe's Civil Law Convention on Corruption;

  5. the Council of Europe's Criminal Law Convention on Corruption; and

  6. the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

The German Criminal Code (StGB) addresses bribery of domestic as well as foreign public officials in sections 331 to 336. These provisions cover active and passive bribery at the

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