GOVERNMENT OF INDIA
Ministry of Finance
DEPARTMENT OF REVENUE
UNSTARRED QUESTION NO.3619
TO BE ANSWERED ON TUESDAY, THE 6TH SEPTEMBER, 2011 BHADRA 15, 1933 (SAKA)
New Anti - Graft Law
3619. SHRI RAJEEV CHANDRASEKHAR
Will the Minister of FINANCE be pleased to State:
(a) Whether it is a fact that the existing anti-graft laws, especially the Prevention of Corruption Act and Prevention of Money Laundering Act do not specifically cover foreign nationals working for Indian companies, or foreign nationals/companies doing business with Government, PSUs or Indian companies;
(b) If so, the reason thereof;
(c) Whether Government is looking to enact a new anti-graft law in this regard; and
(d) If so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(a) and (b): Prevention of Money Laundering Act, 2002 (PMLA) which came into force with effect from 01.07.2005, provides for attachment/confiscation of properties involved in the offence of money laundering and prosecution of persons involved in the offence of money laundering based on predicate offences reported by the concerned law enforcement agency. The PMLA applies to all persons including legal persons in India. The Prevention of Corruption Act, 1988 extends to the whole of India except the State of Jammu and Kashmir and it also applies to all citizens of India outside India.
(c) and (d): “The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organization Bill, 2011 has been introduced in Parliament on 25.03.2011 and referred to the Parliamentary Standing Committee attached to the Ministry of Personnel, Public Grievances and Pensions for consideration and report. This Bill seeks to prevent corruption relating to bribery of foreign public officials and officials of public international organizations and for matters therewith or incidental thereto.