Anti-Bribery and Corruption Laws in Austria
jurisdiction
Article I
| Source of law | s304 and 305 of the Austrian Criminal Code | s306 of the Austrian Criminal Code | s307 of the Austrian Criminal Code |
|---|---|---|---|
| Offence | Being Bribed s304: Public Sector Bribery Requesting, accepting or being promised a personal benefit 1 or a benefit for a third person as a condition for the improper performance or omission of a public function. s305: Acceptance of benefits Accepting or being promised a personal benefit or a benefit for a third person as a condition for the improper performance or omission of a business activity. | Being Bribed Acceptance of benefits with the intent of being influenced Requesting a personal benefit or a benefit for a third person or accepting an undue 2 benefit with the intent of being influenced in the exercise of a public function. | Bribing Public Sector Bribery Offering, promising or giving to a public official 6 or to a third person a financial or other benefit with the intent of inducing the public official to improperly perform a public function 7. |
| The bribe | |||
| Is there a presumption that the advantage was given/received corruptly? | No | No | No |
| Would facilitation payments be caught? | Yes (if an improper performance results, s305 regarding the acceptance of benefits (Vorteilsannahme) is applicable) | Yes | Yes (if an improper performance results, s305 regarding the acceptance of benefits (Vorteilsannahme) is applicable) |
| Would corporate hospitality be caught? | Yes (depending on intent) | Yes (depending on intent) | Yes (depending on intent) |
| Is there any de minimis? | No (certain gifts of minor value are not considered an advantage) | No (certain gifts of minor value are not considered an advantage) | No (certain gifts of minor value are not considered an advantage) |
| Does the bribe have to be monetary? | No | No | No |
| Public officials | |||
| Does the offence only apply to bribing public officials? | Yes | Yes | Yes |
| Acts performed outside Austria | |||
| Can bribery performed outside Austria be caught? | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) |
| Does the act also need to be illegal in the foreign country of performance? | No | No | No |
| Who can be liable | |||
| Austrian nationals? | Yes | Yes | Yes |
| Austrian company? | Yes | Yes | Yes |
| Austrian partnership (including limited liability partnerships) incorporated? | Yes | Yes | Yes |
| Director of Austrian company? | Yes | Yes | Yes |
| Austrian company if the bribe is committed abroad by its foreign subsidiary? | No | No | No |
| Foreign subsidiary of an Austrian company if the bribe is committed abroad? | No | No | No |
| Foreign national/company/partnership if bribe is committed in Austria? | Yes | Yes | Yes |
| Foreign national domiciled or “ordinarily resident” in Austria if bribe is committed outside Austria? | Yes | Yes | Yes |
| Foreign company/partnership if bribe is committed abroad? | No | No | No |
| Penalties | |||
| Penalties | Individuals
s304: Companies / Partnerships
s305: Companies / Partnerships
| Individuals 4
Companies / Partnerships 5
| Individuals
Companies / Partnerships
|
| Defences | |||
| Are there any defences available? | No | No | No |
Article II
| Source of law | s307a and 307b of the Austrian Criminal Code | s308 of the Austrian Criminal Code | s309 of the Austrian Criminal Code |
|---|---|---|---|
| Offence | Bribing s307a: Granting of benefits Offering, promising or giving to a public official or a third person an undue benefit in exchange for such public official to improperly perform a public function. s307b: Granting of benefits to influence Intentionally offering, promising or giving an undue benefit to a public official or a third person with the intent of influencing the performance of the public function by the public official. | Being Bribed / Bribing Illicit intervention Requesting, being promised, or accepting a personal benefit or an advantage for a third person for exercising undue influence on the decision-making of a public official; or Offering, promising or giving of a benefit to a third person in exchange for such third person influencing the decision- making of a public official. | Being Bribed / Bribing Private Sector Bribery Requesting or accepting a personal benefit or a benefit for a third person for the improper performance or omission of a business activity; or Offering, promising or giving to an employee or agent of a company a financial or other benefit in his favour or in favour of a third person with the intent of inducing improper performance of a business activity. |
| The bribe | |||
| Is there a presumption that any advantage was given/received corruptly? | No | No | No |
| Would facilitation payments be caught? | Yes | Yes | Yes |
| Would corporate hospitality be caught? | Yes s307a (depending on intent) Yes s307b | Yes (depending on intent) | Yes (depending on intent) |
| Is there any de minimis? | No (certain gifts of minor value are not considered an advantage) | No (certain gifts of minor value are not considered an advantage) | No (certain gifts of minor value are not considered an advantage) |
| Does the bribe have to be monetary? | No | No | No |
| Public officials | |||
| Does the offence only apply to bribing public officials? | Yes | Yes | Yes |
| Acts performed outside Austria | |||
| Can bribery performed outside Austria be caught? | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) | Yes (if committed by an Austrian national or a company or partnership which is incorporated in Austria) |
| Does the act also need to be illegal in the foreign country of performance? | No | No | No |
| Who can be liable | |||
| Austrian national? | Yes | Yes | Yes |
| Austrian company? | Yes | Yes | Yes |
| Austrian partnership (including limited liability partnership)? | Yes | Yes | Yes |
| Director of Austrian company? | Yes | Yes | Yes |
| Austrian company if the bribe is committed abroad by its foreign subsidiary? | No | No | No |
| Foreign subsidiary of an Austrian company if the bribe is committed abroad? | No | No | No |
| Foreign national / company / partnership if bribe is committed in Austria? | Yes | Yes | Yes |
| Foreign national domiciled or “ordinarily resident” in Austria if bribe is committed outside Austria? | Yes | Yes | Yes |
| Foreign company / partnership if bribe is committed abroad? | No | No | No |
| Penalties | |||
| Penalties include: | Individuals
Companies / Partnerships
| Individuals
Companies / Partnerships
| Individuals
Companies / Partnerships
|
| Defences | |||
| Are there any defences available? | No | No | No |
