- Angola to Enact Statute on Public Administration with Anti-Bribery provisions
- April 21, 2010 | Authors: Alexandre R. Chequer; Gonçalo Falcão
- Law Firm: Tauil & Chequer Advogados in association with Mayer Brown LLP - Rio de Janeiro Office
The Angolan parliament has recently approved a new law that regulates the activities of public servants. The Law on Public Administration Probity will have a direct impact on international companies operating in, or with interests in, the country. The new legislation expressly prevents public servants from receiving payments or gifts in connection with their function, but authorizes the receipt of certain gifts in specific circumstances that could characterize affirmative defenses under the Foreign Corrupt Practice Act. The new Law also establishes a detailed definition of a public servant under Angolan Law.
While the relevant anti-bribery provisions of the Law have been adapted from various earlier decrees that are still in force, the enactment of this new Law represents an increased commitment by the Angolan Government to seek transparency in the exercise of public powers/authority and the prosecution of corruption. By combining in one single statute a legal regime that had previously been scattered across various statutes, this new Law also adds clarification. Angola is a signatory of the United Nations Convention Against Corruption and the African Union Convention on Preventing and Combating Corruption and Related Offenses.
The new Law is pending publication in the Angola Official Gazette and, in principle, will come into force 90 days after publication.