Title: Barbados Tightens Anti-Corruption Laws: A Compliance Primer

Barbados, known for its popularity as a tourist destination and financial hub in the Caribbean, has amplified its efforts to combat bribery and corruption. The enactment of two key pieces of legislation - The Prevention of Corruption Act, 2021-24, and The Anti-Corruption and Anti-Terrorism Agency Act, 2021-5 - signify Barbados’ commitment to updating its legal arsenal against graft. In this article, we provide a comprehensive overview of the updated anti-corruption legislation and its implications for businesses and individuals.

Key Anti-Bribery and Corruption Legislation

Barbados’ extensive anti-corruption legislation includes:

1. The Prevention of Corruption Act, 2021-24 (effective October 28, 2021)
2. The Anti-Corruption and Anti-Terrorism Agency Act, 2021-5 (effective July 6, 2021)
3. The United Nations Convention Against Corruption, adopted on October 31, 2003

Recent Enactments

Significant anti-corruption laws have emerged in Barbados over the past ten years:

1. The Prevention of Corruption Act, 2021-24
2. The Anti-Corruption and Anti-Terrorism Agency Act, 2021-5

Prohibited Practices

Both local and foreign government officials, private sector entities, and individuals are subject to the anti-corruption legislation in Barbados. Prohibited practices include:

• Paying, offering, or promising bribes to domestic or foreign government officials
• Requesting, receiving, or accepting bribes or benefits in exchange for preferential treatment or favors
• Obtaining or offering bribes to influence public officials to act in violation of their duty

Criminal Liability for Corporate Entities

Corporate entities and their officers can be held liable under the Barbados anti-corruption laws. The Interpretation Act (Chapter 1) states that “persons” include corporations, and the Offences Against the Person Act (Chapter 129) indicates that directors and officers can be personally liable for their company’s criminal actions.

Penalties and Sanctions

Individuals found guilty of violating the anti-corruption laws in Barbados may face:

• Hefty fines
• Lengthy prison sentences
• Disqualification from holding public office for a specified period

Corporations may encounter penalties, fines, and licensing revocations under related legislation.

Implementing Compliance Programs

While having a robust compliance program in place does not guarantee complete protection against anti-corruption violations, it can significantly mitigate potential penalties.

Deferred Prosecution Agreements

Unfortunately, there is no provision for deferred prosecution agreements or leniency arrangements in Barbados’ anti-corruption laws. Companies seeking to navigate complex anti-corruption investigations are encouraged to consult locally-based legal experts for guidance.