Chapter 3: Transnational Offences
83
an emergency response team. In addition, law enforcement agencies in the UK have
recently established a National High-Tech Crime Unit. This unit is divided into four
sections dealing with investigations, intelligence, support, and forensic retrieval. Its
jurisdiction is restricted to investigations into the distribution of illegal and offensive
material, computer hacking and computer-related fraud, offensive electronic
communications and the dissemination of computer viruses. Personnel from the
National Crime Squad, HM Customs & Excise and the NCIS staff the unit, which
became operational in April 2001. Its function is to provide police forces and
businesses throughout the UK with information, advice and assistance on computer
crime and crime prevention. In addition to offering support to local police computer
crime units, it aims to develop intelligence and co-ordinate operations both nationally
and internationally. The forensic retrieval section aims to produce material from
digital data in a form which can be tendered as evidence at trial.
3.5
BRIBERY OF FOREIGN PUBLIC OFFICIALS
Corruption and, in particular, bribery of foreign public officials was, until recently,
considered merely an issue pertinent to each country’s domestic laws and commercial
practices. Another reason for industrialised States not extending extra-territorial
jurisdiction against nationals or domestically registered corporations known to have
bribed public officials of third nations was because the prospects of investments
abroad were obviously perceived as boosting national economies, regardless of their
unethical acquisition. On a short term scale, this may be true for a local economy,
but IMF studies have revealed that corruption is negatively linked to the level of
investment and economic growth.
157
Moreover, bribery may also constitute an act of
unfair competition
158
and also have a serious impact on the enjoyment of fundamental
human rights.
159
The US was the first country to enact extra-territorial legislation prohibiting bribery
of foreign public officials by US nationals or corporations of any type, which are either
controlled by US nationals, or have their principal place of business in the US, or are
organised under US laws.
160
‘Bribery’, under the Foreign Corrupt PracticesAct (FCPA)
1977, is the offer of payment of money or anything in value to an official of a foreign
government or a political party with corrupt intent for business purposes. This
definition excludes so called ‘facilitating payments’ intended to expedite otherwise
lawful government action, as well as any payments permitted in accordance with the
laws of the foreign State.
161
This legislation, although a bright light in the darkness of
157 V Tanzi and H Davaodi, ‘Corruption, Public Investment and Growth’, IMF Working Paper 97/139,
1997.
158 International Chamber of Commerce,
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