105. Bribery of a foreign public official

to obtain or retain a contract, business or an advantage in the conduct of international business;

to act or refrains from acting in the exercise of such foreign public official’s official duties in a manner that breaches an official duty or uses such foreign public official’s or another person’s position to influence any act or decision of the foreign State or public international organization concerned, commits an offence of bribery under this Act and on conviction be liable to a fine not exceeding one million rupees or to a term of rigorous imprisonment not exceeding seven years or to both such fine and imprisonment.

whether the gratification is offered for the benefit of the foreign public official who is to act or refrain from acting or act or refrain from acting for another person;

whether the gratification offered has actually influenced the foreign public official’s actions or omissions; or

whether the gratification offered to the foreign public official is neither permitted nor required by the written law applicable to him to be influenced in his capacity as a foreign public official.

where the performance of the functions of the foreign public official which the person intends to influence would be subject to the laws of Sri Lanka; and

where paragraph (a) does not apply and the foreign public official is an official or agent of a public international organization, the applicable written rules of that organization:

any written Constitution, or any provision made by or under legislation, applicable to the country or territory concerned; or

any judicial decision which is so applicable and is evidenced in published written sources.