2013, No. 10
Crimes
67
(2) This section does not apply if:
(a) the act that is alleged to constitute the offence was
committed for the sole or primary purpose of
ensuring or expediting the performance by a
foreign public official of a routine government
action; and
(b) the value of the benefit is small.
(3) This section is subject to section 146.
151. Bribery outside Samoa of foreign public official-(1) A
person commits an offence who, being a person described in
subsection (2), does, outside Samoa, any act that would, if done
in Samoa, constitute an offence against section 150.
(2) Subsection (1) applies to a person who is:
(a) a citizen of Samoa; or
(b) ordinarily resident in Samoa; or
(c) a body corporate incorporated in Samoa; or
(d) a corporation sole incorporated in Samoa.
(3) A person who is convicted of an offence against this
section is liable to the same penalty to which the person would
have been liable if the person had been convicted of an offence
against section 150.
(4) This section is subject to section 152.
152. Exception for lawful acts in country of foreign public
official-(1) Sections 150 and 151 do not apply if the act that is
alleged to constitute an offence under either of those sections:
(a) was done outside Samoa; and
(b) was not, at the time of its commission, an offence
under the laws of the foreign country in which the
principal office of the person, organisation, or
other body for whom the foreign public official is
employed or otherwise provides services, is
situated.
(2) If a person is charged with an offence under sections 150
or section 151, it is to be presumed, unless the person charged
puts the matter at issue, that the act was an offence under the
laws of the foreign country referred to in subsection (1)(b).