(1) A person ("P") who bribes a foreign public official ("F") is guilty of an offence if P's intention is to influence F in F's capacity as a foreign public official.

(2) P must also intend to obtain or retain -

(a) business, or

(b) an advantage in the conduct of business.

(3) P bribes F if, and only if -

(a) directly or through a third party, P offers, promises or gives any financial or other advantage -

(i) to F, or

(ii) to another person at F's request or with F's assent or acquiescence, and

(b) F is neither permitted nor required by the written law applicable to F to be influenced in F's capacity as a foreign public official by the offer, promise or gift.

(4) References in this section to influencing F in F's capacity as a foreign public official mean influencing F in the performance of F's functions as such an official, which includes -

(a) any omission to exercise those functions, and

(b) any use of F's position as such an official, even if not within F's authority.