Anti-corruption regulation—Portugal—Q&A guide

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

  • Anti-corruption regulation—Portugal—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—Portugal—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Portugal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: November 2020).

Authors: Cuatrecasas—Marta Saramago de Almeida ; Miguel Pereira Coutinho; Paulo de Sá e Cunha

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

Portugal is a signatory to the following international conventions:

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

  2. the Civil Law Convention on Corruption;

  3. the Treaty of the European Union on the Fight against Corruption involving Officials of the European Communities or Officials of EU Member States;

  4. the Criminal Law Convention on Corruption and the Additional Protocol to the Criminal Law Convention on Corruption;

  5. the EU Convention on the Protection of the Financial Interests of the Communities and Protocols;

  6. the UN Convention against Transnational Organised Crime; and

  7. the UN Convention against Corruption.

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).

Bribery of foreign public officials is regulated by Law No. 20/2008, which concerns both bribery in international commerce and in the private sector.

While article 2 defines certain key terms (for example, foreign public official or foreign holder of political office) it is article 7

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