As reported by the FCPA Blog, Ghana is now requiring oil and gas companies to certify compliance with the Foreign Corrupt Practices Act ("FCPA"), the UK Bribery Act ("UKBA"), and the OECD anti-bribery convention, re-writing some of the agreements it previously used with these energy companies. The Africa Center for Energy Policy (ACEP) praised Ghana for its "bold" initiative in fine-tuning its petroleum agreements.
The new petroleum agreements have been submitted to Ghana's parliament for approval. Here's the new language:
Each contractor party warrants that neither it nor any of its Affiliates or any of their officers, directors or employers has made, offered, or authorized and will not make, offer, or authorize with respect to the matters which are the subject of this Agreement, any payment, gift, promise or other advantage, whether directly or through any other person or entity, to or for the use or benefit of any public official (i.e. any person holding a legislative, administrative or judicial office, including any person employed by or acting on behalf of a public agency, a public enterprise or a public international organization) or any political party or political party official or candidate for office, where such payment, gift, promise or advantage would violate to the extent applicable to such Party,
the applicable laws of Ghana;
(ii) the laws of the country of incorporation of such Party or such Party’s ultimate parent company;
(iii) the principles described in the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, signed in Paris on December 17, 1977, which entered into force on February 15, 1999, and the Convention’s Commentaries;
(iv) the United States of America Foreign Corrupt Practices Act 1977; and
(v) the United Kingdom Bribery Act 2010.