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North Macedonia

Anti-Bribery and Corruption Laws in North Macedonia

Table of contents
North Macedonia
Source of law Criminal Code 
Offence 

Bribing 

Directly or indirectly giving or promising an official person a present or other benefit, so that they would perform an official act within the framework of their official authorization which they should not perform / must perform, or not to perform an official act which they should perform / not perform.  

Being bribed 

Directly or indirectly requesting or receiving a present or some other benefit, or receiving a promise for a present or some other benefit, in order to perform an official act within the framework of their own official authorization which they should not perform, or not to perform an official act which they otherwise must do.  

Additionally, directly or indirectly requesting or receiving a present or some other benefit by official person or receiving a promise for a present or some other benefit by official person, in order to perform an official act within the framework of their own official authorization which they must perform, or not to perform an official act which they otherwise should not perform.   

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes  
Would corporate hospitality be caught? Not specifically regulated 
Is there any de minimis? Not specifically for bribe. According to the Criminal Code, an act is not a crime even though it contains characteristics of a crime, when it is an act of minor significance, because of the lack or insignificance of the damaging consequences and the low level of criminal responsibility of the perpetrator. 
Does the bribe have to be monetary? No 
Public officials  
Does the offence only apply to bribing public officials? The Criminal Code uses the term “official person”/„службено лице“ for the analyzed bribing-related offences. 
Acts performed outside North Macedonia  
Can bribery performed outside North Macedonia be caught? Yes 
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
North Macedonia’s nationals? Yes  
North Macedonia’s company? Yes  
North Macedonia’s partnership (including limited liability partnerships) incorporated? Yes  
Director of North Macedonia’s company? Yes  
North Macedonia’s company if the bribe is committed abroad by its foreign subsidiary? Yes  
Foreign subsidiary of a North Macedonia’s company if the bribe is committed abroad? No
Foreign national/company/partnership if bribe is committed in North Macedonia? Yes 
Foreign national domiciled or “ordinarily resident” in North Macedonia if bribe is committed outside North Macedonia? Yes  
Foreign company/partnership if bribe is committed abroad? Yes 
Penalties  
Penalties include: 
  • Imprisonment (of up to 10 years) 
  • Confiscation (of given present/property gain) 
  • Fines (for legal entities of up to MKD 30 mil., i.e., EUR 500,000) 
  • Bans (on acquiring approval, license, etc., on participation on public calls, etc., temporary or permanent ban of performance of business activity) 
  • Winding-up (of the legal entity). 
Defences  
Are there any defences available? Not regulated