Section 14: Prohibition of Bribery and Corruption1. No person shall offer, promise, give, solicit or accept any bribe or other improper inducement in connection with any trade or export finance transaction.2. Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 10 years, or to both.3. In this section, “bribe” means any money, gift, loan, fee, reward, advantage or other benefit which is given, promised or offered to any person as an inducement to do or not to do something which that person is required to do or not to do in the course of his or her employment or business.

Section 14 of the Criminal Justice (Corruption Offences) Act 2018 is a crucial provision that prohibits bribery and corruption in trade or export finance transactions. The section outlines that no person shall offer, promise, give, solicit or accept any bribe or other improper inducement in connection with any trade or export finance transaction. If any person contravenes this provision, they shall be guilty of an offence and liable on conviction to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 10 years, or both.

The definition of “bribe” is also provided in this section, which includes any money, gift, loan, fee, reward, advantage or other benefit that is given, promised or offered to any person as an inducement to do or not to do something that they are required to do or not to do in the course of their employment or business.

The objective of this section is to prevent bribery and corruption in trade and export finance transactions, which can have serious consequences for the economy and society as a whole. Bribery and corruption can undermine the integrity of financial systems, distort competition, and harm businesses and consumers. Therefore, it is essential to have strict laws and penalties in place to deter such practices.

There have been several cases and judgments related to Section 14 of the Criminal Justice (Corruption Offences) Act 2018. In the case of Director of Public Prosecutions v. Kelly [2020] IECA 126, the Court of Appeal upheld the conviction of a former CEO of a credit union who had accepted bribes in connection with loans. The court held that the trial judge had properly directed the jury on the elements of the offence under Section 14.

In another case, Director of Public Prosecutions v. O’Brien [2020] IECA 102, the Court of Appeal affirmed the conviction of a former TD who had received a corrupt payment in connection with a planning permission application. The court held that the trial judge had correctly instructed the jury on the elements of the offence under Section 14.

These cases demonstrate the importance of Section 14 in combating bribery and corruption in trade and export finance transactions. The courts have upheld the strict interpretation of this provision and have shown that those who engage in such practices will face severe penalties.

In conclusion, Section 14 of the Criminal Justice (Corruption Offences) Act 2018 is a critical provision that prohibits bribery and corruption in trade and export finance transactions. The section provides a clear definition of a bribe and outlines the penalties for contravening this provision. The courts have upheld the strict interpretation of this provision and have shown that those who engage in such practices will face severe penalties. It is essential for businesses and individuals to be aware of this provision and to ensure that they comply with it to maintain the integrity of financial systems and prevent harm to the economy and society as a whole.