Has the government published any guidance advising how to comply with anti-corruption and bribery laws in your jurisdiction? If so, what are the elements of an effective corporate compliance program?
Bribery & Corruption
Currently there is no such guidance published by the government advising how to comply with anti-corruption bribery laws in India. However, penal provisions of anti-corruption laws (as mentioned above) act as a deterrent in preventing corruption. Usually corporate entities follow a strict code of ethics and mandatory policy regime discouraging its officials to indulge in any such activity.
To the best of our knowledge, the government has not published any specific documents advising how to comply with anti-corruption and bribery laws. However, there are certain legal instruments that include provisions related to anti-corruption matters. For a reference to such laws, please see our answer 1.
Resolution of the Council of Ministers no. 53/2016, 21 September, which approved the Government Code of Conduct, deals expressly with the acceptance of offers and invitations by members of the 21st Constitutional Government, among others.
Pursuant to said statute, accepting offers of consumables or durables, or invitations to attend social, institutional or cultural events, or any other similar benefits that may compromise the impartiality and integrity of the functions performed is forbidden. It is deemed that such a compromise exists whenever the value of the offer made is estimated at or higher than 150 euros which is the annual and accumulated limit for offers.
There are, however, several exceptions such as those concerning invitations that correspond to consolidated social and political customs and events in which the presence of members of the Government either on national territory or abroad, is of relevant public interest because such situations require the official representation of the Portuguese State, or because refusing such an invitation may be construed as a lack of interinstitutional respect.