The United Kingdom Bribery Act 2010; Corrupt officials safe haven likely to crack including TZ

[nngu007]

By In2EastAfrica - Fri May 27, 9:22 pm

Alan Bacarese from the Basel Institute of Governance


The United Kingdom Bribery Act 2010 to come into force in July, this year, will be a big blow to corrupt officials not only in the UK but also to trading partners including Tanzania.

Mr Alan Bacarese from the Basel Institute of Governance based in Switzerland, said the Act has a near-universal jurisdiction, allowing the prosecution of an individual or company with links to the United Kingdom, regardless of where the crime occurred.

He was speaking over a breakfast meeting with the media in Dar es Salaam on Friday. “This Act deals with bribery, not other forms of white collar crime. If you are dealing with British business and you are not a British national, once you involve yourself in a bribery practice, you will be prosecuted by Britain or the other country,” he said.

Penalties for committing crime under the Act include a maximum of 10 years imprisonment, along with unlimited fine and the potential for confiscation of property under the Proceeds of Crime Act 2002, as well as disqualification of directors under the Company Directors Disqualification Act 1986.

“I believe the legal system here (in Tanzania) will be reluctant to implement it for reasons best known to them, but it is a move that will shake the ‘untouchables’ in the country,” said Mr Subiro Mwapinga, Trade and Investment Advisor for the British High Commission.

“We want to develop a Bilateral Trade Agreement (BTA) between Tanzania and the UK that will incorporate these provisions.

If you are involved in any corrupt practice, you will be prosecuted by either country,” he added.
According to him, the issue of facilitation payments in the tendering process is also to be considered as a bribe and the Act doesn’t exempt it. Countries like South Africa and China use this type of payment.

A facilitating payment is a certain type of payment to foreign officials which is not considered to be bribery according to legislations of some states as well as in the international anti-bribery conventions, for example, coming from the Organisation for Economic Co-operation and Development (OECD).

OECD defines a payment to be a facilitating one if it is paid to government employees to speed up an administrative process where the outcome is already pre-determined.

Mr Hassan Abbas from the African Peer Review Mechanism (APRM), said that this is something that countries like Tanzania need to learn from.

“It shows seriousness in combatting corruption.” “The good thing about this Act is that it goes beyond any title to task corrupt officials as long as the taxpayers’ money is involved. And their definition of bribery is exhaustive compared to ours,” he argued.

The APRM is a governance assessment institution. It advises the government on behalf of the African Union (AU).

Described as “the toughest anti-corruption legislation in the world”, concerns have been raised by critics that the Act’s provisions criminalise behaviour that is acceptable in the global market and puts British business at a disadvantage.

It is with no doubt that once the law is in force and those trade agreements are reached; there will be no safer haven for corrupt officials, both within and outside the country.
By GASIRIGWA SENGIYUMVA, Tanzania Daily News

 

[al-karim]

Atleast some action is being taken..i can finally feel the hope that when i come to enter the real business world,people will be afraid to be involved in corruption..i think it'll be nice if the rest of the world superpowers to take such measures too..
i'm hoping to hear some really good news about our corrupt guys being taken in..finally!!

 

[Wambandwa]

This'll distance Tanzania officials away from approaching UK firms to make any business.
But, would this act revisit the past corrupt activities that were comitted in the past?

 

[Ruge Opinion]

This'll distance Tanzania officials away from approaching UK firms to make any business.
But, would this act revisit the past corrupt activities that were comitted in the past?

Hii ni geresha tu. Sana sana watakaominywa ni maofisa wa nchi kama Tanzania lakini siyo watoaji ambao ni kutoka nchi zao. Kesi ya radar ni mfano. BAE systems ilitoa rushwa kwa maofisa wa Tanzania kupitia mafisadi wa Kihindi. Lakini kosa walilopataikana nalo ni "improper accounting" na siyo rushwa. Kwa nini? Maslahi ya UK ndiyo yalizingatiwa. Hata kiburi cha BAE systems kutoilipa fidia Tanzania ni kwa sababu ya maslahi ya UK. Pesa ikilipwa kwa NGOs za UK kiasi kikubwa kitabaki huko huko UK. Tanzania itaambulia makombo na ulaghai wa kimahesabu.

 

[Mtazamaji]

Acheni kujidanyanya. kwani vijisenti vya Chenge ilikuwaje????? makampuni ya Uk yanajua sana kutumia loophole za finacial Safe heavens. Tena wahindi wa huko Uk wanafungua vikampuni kwenye nchi zisizo na restriction.

kama Tanzania na PCCB walishindwa kumtia Chenge hatini just because UK wao waliona haina maslahi kwa nchi yao. Ingepoteza status ya BAE EU. Sasa tanzania tumeshindwa kudeal na Chenge. Ni kulinda status ya nani?