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).

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