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**Unofficial Translation**

REPUBLIC OF BENIN National Assembly Law no. 2011-20 on the fight against corruption and related offenses in the Republic of Benin

The National Assembly deliberated and adopted at its meeting of August 30, 2011, the Act which reads as follows: TITLE I GENERAL PROVISIONS CHAPTER I OBJECT Article 1: This law is aimed at the prevention and punishment of corruption and related offenses in the Republic of Benin. CHAPTER II DEFINITIONS Article 2: For the purposes of this Act, the term: - Public official means any person holding a legislative, executive, administrative or judicial, whether appointed or elected, whether permanent or temporary, whether paid or not and regardless of seniority; - Any person who holds an elective municipal or communal and elected mayor, whether paid or not; - Any person who performs a public function or with a mission of public service, including for a public agency or public enterprise, or provides a service, as those terms are defined in the positive law of Benin; - Agents of any legal entity of private law responsible for the execution of a public market or whatever the conditions under which the mission entrusted to it; - Any other person defined as such in the positive law of Benin. Act without the right is:


- The acting without authority or without authority under a statute or contract; - The fact of exceeding the limits of his authority or permission; - Acting without the permission or authorization of the competent public or private entity, in accordance with the laws in force, the grant to use, manage, control a computer system or conducted scientific research or to perform any other operations in a computer system. Money Laundering acts intentionally namely: - Conversion, transfer or manipulation of property, knowing that originate from a crime or an offense, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person involved in the commission of the crime or offense to evade the legal consequences of his actions; - Concealing, disguising the nature, source, location, disposition, movement or ownership of real property or rights with respect to the author knows they come from a crime or offense as defined by positive law Benin or participation in a criminal offense; - The acquisition, possession or use of property, the author knows at the time of receipt of such goods, whether from a crime or offense or involvement in the crime or offense. It is immaterial that the facts underlying the acquisition, possession and transfer of property to be laundered were committed in the territory of another State. Cavalry scam technique based on a race between raising new funds and payments to build confidence. A fictitious showcase serves to explain the gains from donors. Conflict of Interest: A conflict of interest in all cases where a public official has a personal, interests that might influence or appear to influence the way it carries out its duties and responsibilities which may be or assigned pursuant to his duties or a specific act. Illicit enrichment: substantial increase in the assets of a public official that he can not reasonably explain in relation to his legitimate income. Scam: is done either by the use of a false name or a false capacity or by abuse of true quality, or by the use of fraudulent, misleading a person or entity and thus determine, to his prejudice or to the prejudice of a third party to deliver funds, securities or any property, provide a service or to consent to an act or obligation discharge.


Official of a public international organization: international civil servant or any person authorized by such an organization to act on its behalf. Child Pornography: pornographic material that visually depicts: - A minor engaged in sexually explicit conduct; - A person as a minor engaged in sexually explicit conduct; - Realistic images representing a minor engaged in conduct sexually explicit material. Concealment: the concealment, hold or convey something, or to act as an intermediary to transmit, knowing that something from a crime or misdemeanor. This is also done knowingly to benefit by any means, the proceeds of a crime or misdemeanor. PART II PREVENTIVE MEASURES CHAPTER I STATEMENT OF ASSETS AND CONTROL OF Article 3: The state dignitaries and officials as defined by Law No. 2010-05 establishing the list of state officials whose appointment is made by the President of the Republic in Council of Ministers the directors of the central administration, the directors of decentralized and deconcentrated financial authorities, members of the staffs of the armies, CEOs, directors and officers of the customs, the police, the gendarmerie and the Water and Forests the directors of the offices and state-owned companies, directors / coordinators of projects, CFOs, managers, accountants, administrative committee chairpersons, directors of public works or property belonging to the field of the state, court presidents, judges, prosecutors and clerks and more generally any officer of any public expenditure and any legal person of public law, the directors, accountants and auditors of public companies and private companies whose capital is owned by the State, ambassadors and members of the National Authority for the fight against corruption are required to declare to the outlet and at the end of service, their heritage. These provisions also extend to persons elected to public office and any public officer of the State in which the act of appointment is required. A decree of the Council of Ministers determines the list of VIPs State and senior officials concerned with these provisions.


Article 4: The Chamber of Accounts of the Supreme Court and the chambers of accounts appellate courts are responsible for receiving and ensuring control of asset declarations under Article 3. This check should be done both at the entrance at the end functions people referred. The declaration of assets is made in writing: - Before the Chamber of Accounts of the Supreme Court for the high state officials and officials; - Before the Chambers of the Courts of Appeal accounts for other persons referred to in Article 3 above. This statement must be followed securities evidencing ownership reporting. In case of concealment or misrepresentation, the official concerned shall be punished accordance with the provisions of this Act. Refusal reporting is punishable by a fine in an amount equal to six (06) months of remuneration received or receivable in the function. The fine is imposed ex officio or upon termination by the President of the Chamber of accounts following the distinction made in paragraph 3 above. CHAPTER II THE BODY FIGHT AGAINST CORRUPTION Article 5: There shall be established within the framework of the implementation of this Act, a body to fight against corruption with financial autonomy, which is responsible for: - Exploit, for all practical purposes, the information on the grievances or complaints made involving corruption and related offenses before them and denounce the competent public prosecutor; - Research, legislation, regulations, administrative practices and procedures, provisions and practices conducive to corruption to propose measures for their correction; - Provide advice on the prevention of corruption to any person or any public or private organization; - Educate the public about the dangers of corruption and the obligation each of the control and mobilize support for this purpose;


- Ensure that all public institutions have manuals procedures actually applied; - Receive and retain copies of statements of assets of individuals referred to in Article 3 of this Act; - Provide assistance to judicial authorities when their request; - Cooperate with organizations pursuing the same objectives as the national, regional and international levels; - Prepare periodic reports on the risks of corruption in public administration. Article 6: The body thus created is called National Authority fight against Corruption (ANLC) and is composed of thirteen (13) members due to:           

one (01) state inspector appointed by the General Inspectorate of State; one (01) communicator appointed by the High Authority for Audiovisual and Communication (HAAC); one (01) sociologist university faculty designated by his peers; one (01) Inspector banks designated by the professional association banks and financial institutions; one (1) judge appointed by his peers; one (01) accountant appointed by the Institute of Chartered Accountants; one (01) tax administrator; one (01) Customs inspector; one (01) specialist in public procurement; two (02) police officers: 01 (one) and a policeman (01) police. one (01) representing the employers elected by his peers; a representative of non-governmental organizations dealing with issues of good governance and fight against corruption.

The administrator of taxes, customs inspector, a specialist in public procurement and the two (02) police officers are appointed by the executive. All members of the National Authority for the fight against corruption must be at least fifteen (15) years of experience in their respective fields of competence. Article 7: Members of the National Authority for the fight against corruption are subject to vetting and are required to declare their assets before their appointment. Their office is three (03) years, renewable once. All members of the National Authority for the fight against corruption are appointed by decree of the Council of Ministers. The National Authority for the fight against corruption is directed by a Board of three (03) members:


- A rapporteur - A budget manager. Three (03) members of the Board are elected by their peers. Article 8: Before taking office, members of the National Authority fight against corruption lend to the Supreme Court take the following oath: "I swear to fulfill and faithfully, impartially and equity functions vested in me, in all circumstances to respect the obligations they imposed on me and keep the secrecy which I took part." For perjury, the member guilty is punished by imprisonment of one (01) year five (05) years and a fine of one million (1,000,000) francs to five million (5000 000) francs. A decree of the Council of Ministers determines the terms and conditions investigation of morality and functioning of the body. Article 9: It is awarded to the National Authority for the fight against corruption, the independence necessary to enable it to perform its functions effectively protected from undue influence. It enjoys real autonomy from the institutions of the Republic, subject to the provisions of Articles 49, 81 paragraph 2 and 117, 1st and 2nd indents of the Constitution of 11 December 1990 and Articles 42, 52 and 54 Law n 째 91-009 of 4 March 1991 on the Organic Law on the Constitutional Court amended by the Act of 31 May 2001. The National Authority for the fight against corruption can call any expert whose expertise it deems useful to consult. It is under the supervision of the President of the Republic and develops its budget integrated into the general budget of the State. The Government may by order determine the financial regulations of the National Authority the fight against corruption. It prepares its annual report which it copies to the Chairmen of the Administrative Chamber and the Chamber of Accounts of the Supreme Court. Material resources and specialized staff, as well as the training that such staff may require to carry out their duties must be provided.


CHAPTER III CONFLICT OF INTEREST Article 10: It is prohibited to any public official, the exercise by himself or through an intermediary, as a professional activity private profit of any kind whatsoever, unless otherwise provided by law. The conditions under which it may be waived this prohibition are set by decree of the Council of Ministers. Article 11: Any public official function shall declare his administration, all outside activities, employment, investments, assets and substantial gifts or benefits, all situations that could cause a conflict of interest with their duties or the mission is or will be assigned. The public official shall make the declaration referred to in paragraph 1 of this article immediately and in any case within a period not to exceed thirty (30) days from the date of occurrence of the relevant acts or facts. Article 12: In case of non-compliance by the official of the obligation referred to in Article 11 above, the competent authorities, who have knowledge, take the measures necessary to take disciplinary action under the texts force. In addition, there shall without delay to control and verification, if applicable, cancellation of acts and decisions taken by that agent. Article 13: The administration official admitted to the retirement or resignation can not engage in professional activities directly related to the duties he assumed when he was in office after a period of five (05) years, unless otherwise special statutes governing certain professions. CHAPTER IV THE TAX DEDUCTIBILITY Article 14: It is prohibited the deduction of expenses that constitute bribes, kickbacks, payment of which is an element of the offenses provided for in Articles 35, 40, 47, 48 and 50 of this Act. Is also prohibited the deduction of any other expenses incurred in furtherance of corrupt conduct. Article 15: Any public officer who violates the provisions of Article 14 above shall incur the penalties provided for in Article 50 of this Act.


CHAPTER V MONEY LAUNDERING Article 16: The regulations on the prevention of money laundering, including the use of economic cycles, financial and banking for the purposes of money laundering and other assets of illicit origin, is applicable in the context of implementation of this Act. CHAPTER VI PRINCIPLES OF SELECTION, RECRUITMENT, TRAINING, PROMOTION AND RETIREMENT OF PUBLIC OFFICIALS Article 17: Recruitment, promotion and retirement of public officials must be based on objective criteria and the principles of efficiency, transparency and non-discrimination. Article 18: The selection and training of staff to public positions considered especially vulnerable to corruption must be subject to appropriate procedures. The career management system must include a mobility and indefinitely. CHAPTER VII FUNDING OF POLITICAL PARTIES Article 19: The funding of political parties shall be in accordance with applicable laws and regulations. CHAPTER VIII CORRUPTION IN ELECTION PERIOD Article 20: The corruption offenses committed during an election shall be punished in accordance with the laws in force. PART III THE PROCEDURE CHAPTER I THE STATUTE OF LIMITATIONS Article 21: For offenses covered by this Act, the limitation period for offenses is twenty (20) years.


This period of twenty (20) years shall run from the date of the discovery of the offense. Where, due to its quality, or use those functions, the perpetrator or accomplice could not be prosecuted, the time spent in post interrupts prescription. Crimes are imprescriptible. CHAPTER II THE PROSECUTION Article 22: Legal proceedings are conducted in accordance with the provisions of the Code of Criminal Procedure. Investigative and information relating to offenses under this Act, the police officer, with the prior approval of the competent prosecutor may: a) extend the time in custody eight (08) days; b) perform legal hours, home visits among people against whom suspicions; c) organize monitoring against any person against whom heavy suspicion electronic surveillance is also permitted; d) carry out controlled deliveries; e) conducting seepage; f) benefit from the lifting of bank secrecy. Request of the police officer investigator, prosecutor requires the senior judge, the wiretapping of anyone on facing heavy suspicion. The judge may decide without delay by a reasoned order. This decision is subject to appeal in case of rejection. These provisions also apply to requests for assistance judiciary. CHAPTER III OF SEARCHES AND SEIZURES Article 23: If the nature of the offense is such that evidence can be gained by typing papers, documents or other objects in the possession of people who seem to have participated in the commission and / or have parts or related items the facts alleged, the judicial police officer is transported without stopping at the home of the past in order to conduct a search which he shall make a report.


In the absence of the person whose home was searched, the police officer conducting the search in the presence of two witnesses and any qualified person whom he eventually used in the context of the implementation of this law. However, it has an obligation to cause all necessary measures previously so that ensure observance of professional secrecy and the rights of the defense. All objects and documents seized shall be immediately inventoried and sealed. However, if the inventory on hand presents difficulties, they are subject to sealed closed temporary until their inventory and their final sealing and in the presence of people who attended the following search terms in the preceding paragraphs of this Article. Agreement with the prosecutor, the police officer maintains only the seizure of objects and documents to the truth. Article 24: Subject to the provisions of Article 23 concerning the professional secrecy and the rights of the defense, the operations prescribed by the said section shall be made in the presence of the person at which the search takes place or his representative. Otherwise, the police officer will choose two witnesses required by him for this purpose, apart from persons under its administrative authority. The minutes of these operations is prepared on the spot and signed by the persons referred to in this article. In case of refusal, it is mentioned in the minutes. Article 25: It is forbidden, under penalty of any communication, any disclosure of a document from a search. However, subject to the requirements of investigation, a document from a search may be communicated to any person not qualified by law express permission of only one of the following: the accused or his heirs, the signer or recipient. Article 26: With prior approval of the competent prosecutor, visits and seizures may be made at any time of the day and night to find there offenses under this Act. The formalities referred to in Article 23 and this section shall be void.


CHAPTER IV GELS, AND FORFEITURE OF SEIZURES Article 27: At any stage of the proceedings, the judge or the trial court entered either automatically or on request of the prosecution utters the freezing, seizure or confiscation: - The proceeds from offenses under this Act or of goods whose value corresponds to that of such proceeds; - Property, equipment or other instrumentalities used or intended to be used in the commission of offenses under this Act; - Property from the proceeds of offenses under this Act; - Property from the proceeds of offenses under this Act and intermingled with property acquired from legitimate competition to the estimated value of the product that has been mixed; - Income or other benefits derived from proceeds of crime, from property into which proceeds have been transformed or converted or from property with which he was involved. The administration of property frozen, seized or confiscated are determined by joint order of the ministers of justice and finance. CHAPTER V BANKING SECRECY Article 28: Notwithstanding any statutory or regulatory provisions, banking secrecy can not be invoked to refuse to provide information or documents requested by the judicial authorities or agents responsible for the detection and prosecution of offenses under this Act acting on commission. CHAPTER VI RULES OF COMPETENCE Article 29: In addition to the rules of jurisdiction laid the Code of Criminal Procedure, the jurisdiction of Benin is established in respect of the offenses and punishable under this Act, where an element of the offense is committed board a ship flying the flag of Benin or an aircraft registered under the laws of Benin. Article 30: The Court ruling in corrections may, in some cases, prohibit, in whole or in part, the exercise of civic, civil and family following:


1 - voting and election; 2 - eligibility; 3 - to be called or appointed jury or other public or administrative jobs, or to perform such duties or employment; 4 - to carry firearms; 5 - to vote and to vote in the deliberations of the family; 6 - to be a guardian, curator, if not of his children and only on the advice of the family; 7 - to be an expert or witness in the proceedings; 8 - to testify in court, other than to give them simple Information. CHAPTER VII THE WHISTLEBLOWER WITNESSES AND VICTIMS EXPERTS Article 31: As part of the punishment of offenses contained in this Act, whistleblowers, witnesses, experts, victims and their families as well as members of the Board of prevention receive special protection by the State against possible acts of retaliation or intimidation. The conditions of this special protection are defined by decree of the Council of Ministers. Article 32: whistleblowers and witnesses may declare home the address of the police or the gendarmerie. The address of these people are then recorded by the police authority which prepared the record, in a register numbered and initialed is opened for this purpose at the head of the investigation department. The record is then an information document court. Article 33: In case of proceedings concerning an offense under this Act, where the hearing of an informant or witness is likely to seriously endanger the life or physical integrity of the person, members family or relatives, the judge, ex officio or at the request of the prosecutor, may authorize that the statements of this person are collected without his identity appears in the record of the proceeding. Reasoned decision of the judge is attached to the minutes of the hearing of the informant or witness, which does not appear on the applicant's signature. The identity and address of the person are recorded in another record signed by the person who is placed in a separate folder on the file of the proceedings and which is the decision of the investigating judge. Article 34: Under no circumstances, the identity or address of an informer or witness having benefited from the provisions of Articles 31 and 32 shall not be disclosed, except as provided in Article 35 of this law.


Article 35: The anonymity of the information or evidence is not possible if, in the circumstances in which the offense was committed or the personality of the informant or witness, knowing the identity of the person is essential to the exercise of the rights of defense. The accused may, within ten (10) days after becoming aware of the hearing to contest the use of this procedure to the indictment. If, on the evidence of the procedure and those contained in the records referred to in the last paragraph of Article 32, the indictment believes the challenge justified, it shall order the cancellation of the hearing. It may also order that the identity of the informant or witness is revealed, on condition that it be expressly agrees know that the lifting of anonymity. Article 36: No sentence may be imposed only on the basis of statements collected anonymously. In case of false accusation or false testimony, the author is continued in accordance with the laws in force. CHAPTER VIII THE COOPERATION OF THE PEOPLE REMAINED Article 37: When a person prosecuted for any offenses under this Act: - Provides substantial cooperation in the investigation or prosecution, the extenuating circumstances; - Supply the authorities responsible for the investigation or prosecution, information useful for investigations and research evidence, as well as factual, concrete help that could help identify the perpetrators, co-perpetrators and accomplices of the offense and to deprive them of the proceeds of crime or to recover this product, it benefits as appropriate, immunity from prosecution, an exemption from pain relief or pain. TITLE IV AND PENALTIES OF INCRIMINATIONS Article 38: As part of the punishment of offenses under this Act, those convicted of crimes are reported to life unable to perform: - A public service; - A function in a company in which the State is wholly or partially owner; - A public electoral mandate.


Article 39: Any owner of a decoration, finally convicted for crimes under this law, office loses the privilege of this distinction and is excluded from the National Order of Benin. CHAPTER I THE CORRUPTION OF NATIONAL PUBLIC OFFICIALS Article 40: Shall be punished with imprisonment for a term of five (05) years to ten (10) years and a fine equal to three times the value of promises of things authorized or received or requested, without that fine may be less than one million (1,000,000) francs, any public official who has directly or indirectly solicited or approved offers or promises or given the gifts or presents or other undue advantage for himself or for another person or entity, or to refrain from any act of his duties or employment, fair or not, but not subject to remuneration. In addition to the fine, the penalty is imprisonment time of ten (10) years to twenty (20) years when the value of promises licensed or things received or requested is equal to or greater than ten million (10,000,000) of francs and life imprisonment when this value is greater than or equal to one hundred million (100,000,000) francs. Article 41: shall be punished with imprisonment for a term of five (05) years to ten (10) years and a fine equal to three times the value of promises or things offered or granted, without that fine may be less than one million (1,000,000) francs, whoever offered or granted to a public official, directly or indirectly, promises, donations or gifts or other undue advantage, for himself or another person or entity, in order that the official act or refrain perform any act of his duties or employment, fair or not, but not subject to remuneration. In addition to the fine, the penalty is imprisonment time of ten (10) years to twenty (20) years when the value of promises or things offered or granted is equal to or greater than ten million (10,000,000) of francs and life imprisonment when this value is greater than or equal to one hundred million (100,000,000) francs. Article 42: When the offense is committed by: - Any magistrate or judge; - Any administrative or judicial authority appointed by decree or whatever its quality or status; - Any juror; - Any person elected; - All public ministerial officer; - Any officer; - Any legal expert; - Any agent tax, treasury and customs; - All Project Coordinator;


- Any official military or paramilitary - All committed to a collector or perception; - Any amount of fact, permanent agent of the state or not; the penalty is ten (10) years to twenty (20) years imprisonment and a fine equal to three times the value of promises of things authorized or received or requested, without that fine may be less than five million (5000 000) francs. CHAPTER II THE CORRUPTION OF FOREIGN PUBLIC OFFICIALS AND OFFICIALS PUBLIC INTERNATIONAL ORGANIZATIONS Article 43: shall be punished with imprisonment for a term of five (05) years to ten (10) years and a fine equal to three times the value of promises of things authorized or received or requested, without that fine may be less than five million (5,000,000) francs, while foreign public official or official of public international organization that has directly or indirectly solicited or approved offers or promises or given the gifts or presents or other undue advantage for himself or for a other person or entity to perform or refrain from performing an act of office or employment, to grant, to get, to obtain, retain or to retain business or other advantage unfair international trade. In addition to the fine, the penalty is imprisonment time of ten (10) years to twenty (20) years, when the value of promises or things authorized or received requested is greater than or equal to ten million (10,000,000) francs and imprisonment for life, if this value is equal to or greater than one hundred million (100,000,000) francs. Article 44: shall be punished with imprisonment for a term of five (05) to ten (10) years and a fine equal to three times the value of promises or things offered or granted, without that fine could be less than five million (5,000,000) francs, whoever offered or given to a foreign public official or an official of a public international organization, directly or indirectly, promises, donations or gifts or other undue advantage, for himself or another person or entity, in order that the official act or refrain from an act of office or employment, to grant, to get, to obtain, maintain or to keep business or other improper advantage in international trade. In addition to the fine, the penalty is imprisonment time of ten (10) years to twenty (20) years, when the value of promises or things offered or granted is equal to or greater than ten million (10,000,000) francs and life imprisonment when this value is greater than or equal to one hundred million (100,000,000) francs. CHAPTER III THE ABUSE AND ILLICIT USE PUBLIC OR PRIVATE PROPERTY Article 45: Any public officer, any officer of a public and semi-public, agent structure subsidized by the state or any member of professional agricultural


organizations or similar which has diverted or squandered public funds or private effects or in lieu of, or parts, titles, deeds, chattels which were in his hands by virtue of his office, shall be punished by imprisonment of one (01) year and at least five (05) years if things are diverted or dissipated less than or equal to one million (1,000,000) francs, and a fine of one million (1,000,000) francs. When the amount of the loss is diverted or something greater than one million (1,000,000) francs and less than ten million (10,000,000) francs, the penalty shall be imprisonment time of five (05) years to ten (10) years and a fine of five million (5,000,000) to ten million francs (10 million) francs. Where the amount of the thing misused or dissipated is equal to ten million (10,000,000) francs and less than one hundred million (100,000,000) francs, the penalty shall be imprisonment time of ten (10) years to twenty (20) years and a fine of at least ten million (10,000,000) francs without the fine can be more than one hundred million (100,000,000) francs. When the amount of diverted or dissipated thing is equal to or greater than one hundred million (100,000,000) francs, the sentence will be life imprisonment and a fine of at least one hundred million (100 000 000) francs. Article 46: Any person or entity, commercial or otherwise, responsible or not, in agreement with any public official has overstated the value or price of the sale or lease of property, service or supply with respect to price currently practiced, has committed the crime of embezzlement of public money under section 45 above, shall be punished by a term of imprisonment time of ten (10) years to twenty (20) years and a fine at least three times value sums dissipated. The public official who has participated in this overvaluation is subject to the same Any natural or legal person, any director who by mutual agreement with the leaders of structure with a public interest mission, has participated in this overvaluation will be punished with the same penalties. Article 47: The sentence of imprisonment time of ten (10) years to twenty (20) years will be imposed, regardless of the value of money or effects diverted or dissipated, if this value equals or exceeds either the third of the recipe or deposit, if it is attached to a recipe site subject to security, a third of the joint product of the recipe for a month, if it is a recipe consisting of cash successive and not subject to deposit and a fine equal to three times the amount of money that vanished without penalty may be less than fifty million (50,000,000) francs. Any public officer who has diverted or squandered monies or assets in lieu of effects or parts, titles, deeds, effects, materials, food or objects belonging to the State, the ordinary or special, s' he was carrying under the regulations or if he has been recognized de facto accountant, shall be punished with imprisonment for a term of five (05) years and ten (10) years and a fine equal to three times the


amount of money that vanished without penalty may be less than twenty-five million (25,000,000) francs. If diverted or dissipated values do not exceed one million (1,000,000) francs, the penalty shall be imprisonment from one (01) year and at least five (05) years and a fine will be equal three times the value of the amounts dissipated without this fine may be less than three million (3,000,000) francs. Article 48: shall be punished by imprisonment of ten (10) years to twenty (20) years of military or any person deemed to be fraudulently, diverted or dissipated weapons, explosives or ammunition. Article 49 shall be punished by a fine equal to three times the value of the loss suffered by the state without being less than five hundred thousand (500,000) francs, anyone who has used, illegally, in profit or any other person or any other entity, a public good. CHAPTER IV TRAFFIC IMPACT Article 50: shall be punished with imprisonment for a term of five (05) years to ten (10) years and a fine equal to three times the value of promises of things authorized or received or requested, without that fine may be less than five hundred thousand (500,000) francs 1 - anyone who offers or gives to a public official or any other person, directly or indirectly, of an undue advantage in order that said agent or person abuse his real or supposed influence with a view to obtaining from an administration or public authority, an undue advantage for himself or for a third party; 2 - any public official or any other person who solicits or accepts, directly or indirectly, of an undue advantage for himself or herself or for another person to abuse his real or supposed influence with a view to obtaining an administration or public authority an unfair advantage. Article 5: shall be punished by imprisonment of one (01) year and at least five (05) years and a fine of twice the value of the proceeds of corruption, with the amount of fine can not be less than five hundred thousand (500,000) francs, any person who has requested or approved offers or promises, solicited or received gifts or presents or other advantages for rewards, places, functions or jobs or favors any granted by the public authority, markets, companies or other benefits arising from agreements concluded with the authority or administration under the control of the public, or in general, a favorable decision of such an authority or administration and thus have abused a real or supposed influence.


However, if the offender is a person holding an elected office or a juror and that abused the real or supposed influence that gives it its mandate or as a sentence of imprisonment of five (05) years and at least ten (10) years shall be imposed. Article 52: Any person who, for either the performance or forbearance with the performance of an act, a favors or benefits provided in the preceding article, has worn assaults or threats, promises, offerings, donations or gifts or other benefits or assigned to stresses tending to corruption even if he does not take the initiative and coercion or corruption or without its effect is the same penalties as those provided for in the preceding article against the corrupt person. CHAPTER V FUNCTION OF ABUSE Article 53: shall be punished with imprisonment for a term of five (05) to ten (10) years and a fine of at least two million (2,000,000) francs without the fine may not exceed five million (5,000,000 ) francs: - A public official who intentionally abused his office or position, performing or refraining from acting in the exercise of his duties, an act in violation of the law to gain an unfair advantage for him himself or for another person or entity; - A public official who has, in violation of Articles 32 and 33 of this Act, disclose the identity or address of the whistleblower or a witness; - Any member of staff who has organs prevention, except in cases where the law authorizes them to whistleblower revealed all or part of the information available to him in the course of their duties. CHAPTER VI THE MISREPRESENTATION AND ILLICIT ENRICHMENT Article 54: shall be punished with imprisonment for a term of three (03) years to five (05) years and a fine equivalent to the value of goods not declared any public official guilty of making false declarations. Article 55: shall be punished by imprisonment of five (05) years to ten (10) years and a fine equal to the value considered surplus to the value of goods that the defendant is likely to have, any person holding an elective public office or government office, magistrate civilian agent of the state, military or paramilitary or a public authority, a person wearing a public trust, a public depository or a public or ministerial officer, officer or agent of any kind of public institutions, national companies, public companies subject to joint control right of the State, legal persons private receiving financial assistance from the public authorities, professional bodies, private organizations responsible for the implementation of a


public service, associations or foundations of public benefit, which is not able to justify the lawful origin of its resources, property, heritage and lifestyle. The penalties are doubled when illicit enrichment has been achieved during the exercise of a warrant or a public function. Article 56: The use of nominee for concealing goods is punishable by the forfeiture of property or treasury securities owned or held thereby, plus a penalty equal to the value of the property in question or to amount of the securities concerned. The actual owner of the property or assets held jointly and severally to pay the fines imposed. Are excluded from the preceding paragraph, children, spouses, siblings brothers, consanguine or uterine agents and any person on whom the owner has any power when it is determined that it could not be associated with the fact her charged. CHAPTER VII THE INSIDER TRADING Article 57: shall be punished by imprisonment of two (02) years to five (05) years and a fine of two million (2,000,000) francs, the amount may be increased beyond this figure up five times the profit made without the fine is not less than the benefit, the fact that social leaders, public officials or any other person in connection with the exercise of their profession or duties, information the privileged situation of an issuer of title, the outlook for securities or a contract to be signed, make or permit to carry, either directly or indirectly, one or more transactions or able to communicate this information to a third party before the public's knowledge. CHAPTER VIII CORRUPTION IN THE PRIVATE SECTOR Article 58: shall be punished by imprisonment of two (02) years to five (05) years and a fine of twice the value of the proceeds of corruption, with the amount of the fine may be less than two million (2,000,000) francs: 1 - the fact that every individual promise, offering or giving, directly or indirectly, of an undue advantage to anyone who runs a private sector entity or works for such an entity, in any capacity whatsoever, for it himself or for another person, so that, in violation of his her duties, act or refrain from doing any act; 2 - for any person who runs a private sector entity or works for such an entity, in any capacity whatsoever, solicit or accept, directly or indirectly, of an undue advantage for himself or for another person to perform or abstain from


performing any act in violation of his homework. CHAPTER IX THE SCAM AND THE CAVALRY Article 59: Whoever, either using false names or false qualities, or by using fraudulent to persuade the existence of fake companies, power or credit imaginary, or to give rise to hope or fear of success or any other event chimerical to be shall cause or issue, or attempts to deliver or to deliver funds, furniture or obligations, provisions, notes, promises, releases or discharges, and will, by these means, defrauded or attempted to defraud the entire or part of the fortune of others, shall be punished with imprisonment of one (01) year and at least five (05) years and a fine equal to three times the value without questioning it is less than one million (1,000,000) francs. Prison sentences can be worn ten (10) to twenty (20) years and a fine three times the value without questioning it is less than twenty-five million (25,000,000) francs when fraud is carried out: 1 - by a person holding public authority or discharging a public service mission, in the course of or in connection with the exercise of its functions;

2 - by a person who is unduly quality of a person holding public authority or discharging a public service mission;

3 - by a person who appeals to the public for the issue of shares, bonds, shares or any securities or a corporation, or a commercial or industrial enterprise;

4 - to the detriment of a person whose particular vulnerability, due to its age, illness, infirmity, a physical or mental disability or a state of pregnancy, is apparent or known to the perpetrator; 5 - an organized gang that is to say, a group formed by an agreement or In all cases, the culprits will be also hit for ten (10) years in addition to the prohibition of the rights mentioned in Article 30 of this Act. They may also be subject to banishment. The attempt of the offense under this section is punishable by the same penalties. Article 60: shall be punished by imprisonment of twelve (12) months to five (05) years and a fine of five hundred thousand (500,000) francs to three million (3,000,000) francs, those who, claiming president, secretary or treasurer of an


association called "tontine" or any other group, provide for benefits in kind or in cash, will bad faith, concealed or dissipated contributions which they are responsible to ensure the administration or management. Article 61: shall be punished by imprisonment of twelve (12) months to five (05) years and a fine which shall not be less than three times the amount of the unpaid share of those who, as part of the association or grouping referred to in previous Article will in bad faith refused to provide their share after receiving the benefits to which they were entitled under their participation. Article 62: shall be punished with the same penalties, those who are members of associations or groups referred to in Article 60 shall, using fraudulent, private or attempted to deprive one or more other members of the benefits to which they were entitled. Article 63: The cavalry is a scam technique based on a race between the collection of new funds and payments to build confidence. It is punishable by the penalties provided for in Article 59 above. When the cavalry is on the call to public savings, it is punishable by life imprisonment. CHAPTER X OF OFFENCES RELATING TO THE UNIFORM ACTS OF THE ORGANIZATION FOR UNIFORM OF BUSINESS LAW IN AFRICA (OHADA) Article 64: imprisonment incur a time of five (05) years to ten (10) years and a fine of five million (5,000,000) francs to twenty-five million (25,000,000) francs: 1 - the manager of the limited liability company, the directors, the CEO, the Director General, the Deputy or Assistant General Manager of the company or any corporate officers or de facto, in bad faith, are goods or credit company, they knew use contrary to the interests of the latter, for personal, material or moral support or other legal entity in which they were directly or indirectly interested ; 2 - managers of a limited liability company, the president, directors, general managers, assistant general managers of a company who, in bad faith, have made the powers they possess or voices they have, as such, they knew use contrary to the interests of the company, for personal or promote any company or firm in which they were directly or indirectly interested. The punishment shall be imprisonment of two (02) months to five (05) years and a fine of two hundred thousand (200,000) francs to two million (2,000,000) francs, when the damage is less than or equal to ten million (10 million) francs.


Article 65 shall be punished with imprisonment for a term of three (03) years to ten (10) years and a fine of two million (2,000,000) to ten million francs (10 million) francs, the fact founders, the CEO, the Director General, the Deputy or Assistant General Manager of a company to issue shares before the registration or at any time when registration is obtained by fraud or that the company is improperly established. Article 66: incur a prison sentence of three (03) years to ten (10) years and a fine of two million (2,000,000) to ten million francs (10 million) francs: 1 - those who knowingly by the establishment of the notarial statement of subscription and payment of the certificate or the custodian have said sincere and genuine subscriptions they knew fictitious or have declared that the funds have not been permanently at the disposal of the company were actually paid; 2 - those who have returned to the notary or to the depositary, or a list of shareholders of the subscription and payment of subscriptions mentioning fictitious or remittances that have not been permanently at the disposal of the company; 3 - those who knowingly simulation subscription or payment or publication or subscription payments that do not exist or all false facts, have obtained or attempted to obtain subscriptions or payments; 4 - those who knowingly cause for subscriptions or payments have released the names of designated persons contrary to the truth as to be attached or the company in any capacity; 5 - those who have done fraudulently attributed to a contribution in kind, a higher rating than its real value. Article 67 incur a prison sentence of one (01) years to five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, those who knowingly negotiated : 1 - of shares that are not in registered form remained until fully paid; 2 - input actions before the expiry of the period during which they are not negotiable; 3 - actions for which cash payment of one quarter of the nominal has not been taken. Article 68 incur a prison sentence of three (03) years to ten (10) years and a fine of (01) million (1,000,000) francs to five million (5,000,000) francs:


1 - individual entrepreneurs and executives who will not, for each financial year, inventoried and prepared the annual financial statements and that, where appropriate, the management report and social report; 2 - executives who, in the absence of inventory or inventory through fraudulent, knowingly made between the shareholders or members fictitious distribution of dividends. Article 69: incur a prison sentence of three (03) years to ten (10) years and a fine of five million (5,000,000) francs to twenty million (20,000,000) francs, individual entrepreneurs and corporate officers who knowingly, even in the absence of any dividends, have published or presented to shareholders or members, in order to conceal the real situation of the company, the summary financial statements do not give, for each year, an accurate picture of operations for the year, the financial situation and the heritage of the company at the end of this period. Article 70: incur a prison sentence of two (02) months to one (01) year and a fine of five hundred thousand (500,000) francs to five million (5,000,000) francs or one of these two penalties, without prejudice to civil remedies, those who knowingly have prevented a shareholder or partner to participate in a general meeting. Article 71: incur a prison sentence of one (01) year and ten (10) years and a fine of five hundred thousand (500,000) francs and six million (6,000,000) francs, the directors, the Chairman of Board of Directors, the CEO, the Director General, the Director General or Deputy Director of a company which, at a capital increase, have issued shares or fractions of shares: 1 - before the certificate of the depository has been established; 2 - without the formalities prior to the capital increase were regularly performed; 3 - without previously subscribed capital of the company has been fully paid; 4 - new shares without capital have been fully paid before amending entry in the commercial register and credit furniture; 5 - without the new shares have been paid at least a quarter of their nominal value at the time of purchase; 6 - if necessary without the full premium has been released at the time of purchase. The same penalties above shall also apply to persons referred to in this Article shall not maintained cash shares in registered form until they are fully paid. Article 72: incur a prison sentence of one (01) year five (05)


years and a fine of one million (1,000,000) francs to five million (5,000,000) of francs, executives who, in a capital increase: 1 - have not done to benefit the shareholders in proportion to their shares, a preferential right to subscribe for shares in cash when this right has not been removed by the general meeting and the shareholders do have not given up; 2 - have not been reserved for shareholders within twenty (20) days from the date of opening of the subscription, unless this period has been closed early; 3 - have not given the actions made available, for lack of a sufficient number of subscriptions as of right, to the shareholders who have subscribed for excess number of shares greater than they could subscribe irreducibly proportionally rights they have; 4 - have not reserved the rights of holders of warrants. Article 73: incur a prison sentence of one (01) year five (05) years and a fine of one million (1,000,000) to ten million francs (10 million) francs, executives who, knowingly have given inaccurate or confirmed in reports submitted to the General Meeting called to decide on the cancellation of preferential subscription rights. Article 74: incur a prison sentence of one (01) year five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, administrators, President CEO, the CEO, the deputy or assistant deputy who knowingly have made a capital reduction: 1 - without respecting the equality of shareholders; 2 - without communicating the proposed capital reduction to the auditors, fortyfive (45) days prior to the General Meeting called to approve the capital reduction. Article 75: incur a prison sentence of one (01) year to three (03) years and a fine of one million (1,000,000) to ten million francs (10 million) francs without prejudice to civil remedies, executives who have not caused the appointment of the auditors of the company or do not have convened general meetings. Article 76: shall be punished by imprisonment of two (02) years to five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, any person who is in his own name or as a member of a company auditors, knowingly accepted or retained functions exercised by auditors notwithstanding the legal incompatibilities. Article 77: shall be punished by imprisonment of two (02) years to five (05) years and a fine of one million (1,000,000) to ten million francs (10 million) francs, any


auditor who either in his own name or as a member of a company auditors, have confirmed or knowingly false information on the situation of the company or which has not revealed the Crown criminal acts which it becomes aware. Article 78: incur a prison sentence of one (01) year five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, social leaders of all persons in the service of the company who knowingly have hindered checks or control of auditors who have refused or communication, on-site, all documents relevant to the performance of their duties including all contracts, books , documents and records of minutes. Article 79: incur a prison sentence of six (06) months to two (02) years and a fine of five hundred thousand (500,000) francs to five million (5,000,000) francs or one of these two penalties, executives who knowingly when the capital of the corporation is less than half of the share capital due to losses recorded in the summary financial statements: 1 - have not done convene within four (04) months after the approval of the summary financial statements that revealed these losses, the extraordinary general meeting for the purpose of deciding whether the dissolution anticipation of the company; 2 - have not deposited with the court in charge of business affairs, the register of trade and credit furniture and published in a newspaper authorized to publish legal notices, the dissolution of the company. Article 80: shall be punished by imprisonment of two (02) years to five (05) years and a fine of two million (2,000,000) francs to five million (5,000,000) francs or one of these two penalties, the liquidator of a corporation who knowingly: 1 - has not, within a period of one (01) months after his appointment, published in a newspaper authorized to publish legal announcements of the location of the headquarters, the act appointing the liquidator and filed in the Registry Trade and Personal Property Credit, the decisions dissolution; 2 - will not be called partners, at the end of liquidation, to approve the final account of the liquidation, the discharge of its management and the discharge of its mandate and to see the completion of the liquidation; 3 - has not filed his final account with the court's business affairs office location, or requested court approval thereof. Article 81: If the liquidation occurs by court order, shall be punished by imprisonment of two (02) years to five (05) years and a fine of two million (2,000,000) francs to five million (5,000,000) francs or one of these two (02) penalties, the liquidator:


1 - has not, within six (06) months of his appointment, a report on the assets and liabilities of the company in liquidation and the continuation of the liquidation, nor sought the necessary permissions to the finish; 2 - has not, within three (03) months of the end of each year, established the summary financial statements in view of the inventory and a written report in which he gives an account of the winding up operations in the previous year; 3 - has not enabled the partners to exercise during liquidation, the right to social communication documents in the same conditions as before; 4 - will not be called partners, at least one (01) times per year for their report on the summary financial statements in case of continuation of social exploitation; 5 - has not deposited in an account at a bank on behalf of the company in liquidation, within fifteen (15) days after the allocation decision, the amounts allocated to distribution between shareholders and creditors ; 6 - has not deposited in an account opened in the log books of the Treasury within one (01) year of completion of the liquidation, the amounts allocated to creditors or partners and not claimed by them. Article 82: shall be punished by imprisonment of five-time (05) to twenty (20) years and a fine of two million (2,000,000) francs to twenty million (20 000. 000) francs, liquidator who, in bad faith: 1 - has made assets or credit of the company in liquidation, he could use against the interest of the latter, for personal purposes or to promote another corporation in which he was interested, directly or indirectly; 2 - have sold all or part of the assets of the company in liquidation to a person who has in society as a partner in the partnership, the general partner, manager, member of the board of directors, director General or auditor without obtaining the unanimous consent of the shareholders or, failing that, the authorization of the competent court. The penalty shall be imprisonment from one (01) year five (05) years and a fine of five hundred thousand (500,000) francs to two million (2,000,000) francs when the damage is less than or equal to ten million ( 10 million) francs. Article 83: shall be punished by imprisonment of five (05) years to ten (10) years and a fine of one million (1,000,000) francs and six million (6,000,000) francs, any trustee of a collective procedure: - Has a personal activity under the guise of the debtor company to hide its actions;


- Has the credit of the debtor's property as his own; - Clears the debtor's assets; - Continued abusive and bad faith, personal interest, directly or indirectly, an operating loss of the debtor's business; - Who participated in any capacity whatsoever in the administration of any collective proceedings, - In violation of legal prohibitions goes purchaser behalf directly or indirectly, by agreement or sale of justice, or any part of the movable or immovable assets of the debtor in a state of preventive settlement, bankruptcy or liquidation property. Article 84: shall be punished by imprisonment of five (05) years and ten (10) years and a fine of five hundred thousand (500,000) francs to one million five hundred thousand (1.5 million) to CHF, any creditor who has: - Provided with the debtor or any person, in particular benefits because of his vote in the deliberations of the mass; - Is a particular treaty which it follows in its favor an advantage at the expense of the debtor's assets the day of the decision opening insolvency proceedings. Article 85: incur a prison sentence of two (02) months to two (02) years and a fine of five hundred thousand (500,000) francs to five million (5,000,000) francs or one of these two penalties, presidents, directors or CEOs of society that have issued securities offered to public: 1 - without a notice is inserted in the newspaper empowered to receive legal notices prior to any measurement of advertising; 2 - without the prospectus and circular reproduce the particulars of the notice referred to in paragraph 1 of this Article, and include the reference to the insertion of this notice in newspaper authorized to publish legal announcements with reference to the number in which it was published; 3 - without posters and newspaper ads reproduce the same sayings or at least an extract those statements with reference to the instructions and directions of the number of newspaper authorized to publish legal announcements in which it was published; 4 - without posters, flyers and circulars mention the signature of the person or representative of the company whose tender was submitted and whether the securities offered are listed or not, and if so, how scholarship. The same criminal penalty will apply to persons who have served as


intermediaries in connection with the sale of securities without observing the requirements of this article. CHAPTER XI THE BANKRUPTCY Article 86: A person is guilty of simple bankruptcy, any person in a state of insolvency which is located in one of the following cases: 1 - if she contracted without receiving value in exchange for commitments considered too important with regard to the situation when they were contracted; 2 - if the intention of delaying the recognition of insolvency, it has made purchases for resale under the course or if the same intention, she used ruinous means to raise funds; 3 - if, without lawful excuse, it is not the registry of the competent court declaration of the state of insolvency within the thirty (30) days; 4 - if the accounting is incomplete or improperly maintained or if it held no accounts in accordance with accounting rules and practices recognized profession with regard to the importance of the business; 5 - if, having been declared twice in a state of insolvency within five (05) years, these proceedings were closed for lack of assets. Article 87: A person is guilty of fraudulent bankruptcy, any individual trader or associated commercial companies that trader status, in case of cessation of payment: 1 - has removed its accounts; 2 - diverted or dissipated all or part of its assets; 3 - either in its pleadings, either by public acts or obligations under private signature, or in bankruptcy, debtor has fraudulently accepted money she should not; 4 - has practiced commercial as opposed to a prohibition under the laws and regulations; 5 - after the cessation of payments, paid a creditor to the detriment of mass; 6 - with a creditor has stipulated special benefits by reason of his vote deliberation in mass or a creditor has a special treaty which it follows to the latter


an advantage at the expense of the debtor's assets from the date of the opening decision. Article 88: is also guilty of fraudulent bankruptcy, any trader, individual or associated commercial companies that merchant status, which in the context of a procedure for adjudication: 1 - a, bad faith, or is made to present an income statement or a balance sheet or statement of assets and liabilities or assets and liabilities of state liens and other encumbrances, inaccurate or incomplete; 2 - a, without authorization of the President of the competent court, made of the acts prohibited below: - Paid, in whole or in part, any liabilities arising prior to the suspension of prosecution individual decision preventive settlement; - Is an act of disposal outside the normal operations of the company or granted a security interest; - Selfless bonds that paid claims arising prior to the suspension of the individual pursuit. Article 89: Can be guilty of similar offenses in bankruptcy: 1 - individuals governing legal persons subject to bankruptcy proceedings; 2 - individuals permanent representatives of corporate leaders, legal persons referred to in Point 1 above. The officers referred to in this Article shall apply to all officers of law or fact, and in general, any person who directly or through an intermediary, administered, managed or liquidated corporation under cover or place and place of its legal representatives. Article 90: A penalty sentences simple bankruptcy, the Executive Officers in the preceding article who, in that capacity and in bad faith: 1 - used money belonging to the corporation by operations of pure chance or fictitious transactions; 2 - with the intention of delaying the recognition of the insolvency of the corporation made purchases for resale under the course or in the same intention, used ruinous means to obtain funds; 3 - after cessation of payment of the legal person, paid or made to pay a creditor to the detriment of the masses;


4 - is contracted by the corporation on behalf of others, without it receives in exchange values, commitments deemed too important with regard to the situation when they were contracted; 5 - hold or held or made improperly or incompletely left into the accounts of the corporation in accordance with Article 86.4 above; 6 - failed to make the registry of the competent court, within thirty (30) days, the declaration of the state of insolvency of the corporation;

7 - to exempt all or part of their heritage prosecution of the corporation in a state of insolvency or those of members or creditors of the corporation, misappropriated or concealed, tried to divert or conceal part of their property or who fraudulently debtors are recognized they were not. Article 91: In corporations with partners jointly and severally liable for the debts of the latter, legal representatives or is guilty of simple bankruptcy if, without lawful excuse, they are not the clerk of the jurisdiction in within thirty (30) days, the declaration of their state of cessation of payments or if the statement does not list the associated solidarity with the indication of their names and addresses. Article 92: 1 - are liable to the penalties of fraudulent bankruptcy, the officers referred to in Article 87 above who fraudulently: a) exempts the books of the corporation; b) misappropriated or concealed a portion of its assets; c) recognized corporation liable to pay sums she was not, either in writing or by public acts or obligations under private signature, either in the balance sheet; d) practiced leadership contrary to prohibition by OHADA Uniform Acts or by law and regulations; e) provided with a creditor, on behalf of the corporation, special benefits by reason of his vote in the deliberations of the body or made a treaty with a particular creditor which it follows to the latter an advantage at the expense of the assets of the corporation, from the date of the decision declaring insolvency. 2 - are also liable to the penalties of fraudulent bankruptcy, the officers referred to in Article 88 that, on the occasion of a preventive procedure, were: a) bad faith, or is presented present an income statement or a balance sheet or statement of assets and liabilities or assets and liabilities of state liens and other encumbrances, inaccurate or incomplete;


b) without the authorization of the president of the competent court violated the prohibition of preventive settlement decision: - Paying in whole or in part, any liabilities arising prior to the suspension of individual proceedings and referred to the latter; - By performing acts of disposition foreign to the normal operation of the company or by granting security interests; - Uninterested in bonds that paid claims arising prior to the decision of preventive settlement. Article 93: shall be punished sentences fraudulent bankruptcy: 1 - people convicted of having, in the interest of the debtor, subtracts, concealed or hidden part or all of its real or personal property, all without prejudice to the provisions relating to criminal complicity; 2 - persons convicted of fraudulently produced in the proceeding, either by name or by interposition or impersonation, debts assumed; 3 - people who, trading under the name of another person or under an assumed name, have bad faith, misappropriated or concealed, tried to divert or conceal part of their property. Article 94: Those in the cases provided by the commercial legislation are guilty of bankruptcy shall be punished as follows: 1 - bankrupts simple imprisonment for a term of two (02) years to five (05) years and a fine of five hundred thousand (500,000) to two million (2,000,000) francs; 2 - fraudulent bankrupts, to imprisonment for five (05) years to ten (10) years and a fine of two million (2,000,000) francs to five million (5,000,000) francs. In addition to the prohibition of the rights mentioned in Article 30 of this Act may be pronounced against fraudulent bankrupts. Article 95: The spouse, descendants, collateral of the debtor or his allies who, unbeknownst to the debtor embezzled, misappropriated or concealeddependent effects of the debtor's assets in a state of suspension of payment shall incur the same penalties by this Act. Article 96: Accomplices bankruptcy, simple or fraudulent, shall incur the penalties provided for in Article 94 as applicable, even if they are not traders.


Article 97: The brokers convicted of bankruptcy are punishable simple sentences fraudulent bankruptcy. If they are convicted of fraudulent bankruptcy, they will be punished by imprisonment of ten (10) years to twenty (20) years. In addition, the prohibition of the rights mentioned in Article 30 of this Act may be pronounced against them. Article 98: shall be punished by imprisonment of six (06) months to three (03) years and a fine of five hundred thousand (500,000) francs to one million (1,000,000) francs, any person who has began to organize their insolvency before a lawsuit is against him organized or continued to organize the said insolvency during the trial in order to avoid the execution of the sentence or monetary financial nature that could be made to against him. It incurs the same penalties when insolvency occurs within organized one (01) year of delivery of the judgment. The court may decide that the person convicted as an accomplice to the offense defined above will be jointly and severally liable, within the limits of funds or the market value of property received gratuitously or for consideration, pecuniary obligations arising from the sentence execution of which the offender sought to avoid. When those obligations result from a criminal conviction, the court may decide that the sentence he utters do not confuse with the previously imposed. The requirement of public action shall run only from the sentence of execution which the debtor sought to avoid or, if it is posterior, recent actions aimed to organize or worsen the debtor's insolvency. For the purposes of this section, a conviction for the payment of maintenance, judicial and judicially approved conventions related obligation to pay benefits, subsidies or contributions to household expenses. Article 99: is liable to a fine of five hundred thousand (500,000) francs one million (1,000,000) francs, any person who: - Abstained in the first month of operation of his business, to require the clerk of the jurisdiction's registration in the trade register; - Abstained in a period of thirty (30) days of enrollment require amending complementary part of its business including marital status, his marital status, ability or status of the legal person occurred in the of trade; - Abstained in a period of one (01) months after the termination of his business to


seek his removal from the register of commerce and credit (RCCM) or in case of death, when his successors right abstained in the period of three (03) months after such death, request the cancellation of the registration or amendment if they themselves must continue to operate. Article 100: shall be punished by imprisonment of six (06) months to three (03) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, any person who has made one registration by fraud or security interest on incorrect information in bad faith. The court may, in pronouncing sentence, the correction the wrong reference in terms as it may determine. The same penalty tenant-manager which is not indicated at the top of its purchase orders, invoices and other financial documents or commercial registration number with the register of commerce and credit (RCCM) quality of tenant-manager of a business. Article 101: shall be punished by imprisonment of one (01) five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, any person who, by fraudulent deprived the secured creditor's rights or has decreased. Article 102: shall be punished by imprisonment of one (01) five (05) years and a fine of one million (1,000,000) francs to five million (5,000,000) francs, the debtor or any person who will, by fraud, or completely partially private landlord's lien on the furniture of the leased premises. Article 103: shall be punished by imprisonment of six (06) months to two (02) years and a fine of five hundred thousand (500,000) francs to two million (2,000,000) francs, individual entrepreneurs and leaders social: 1 - will not, for each financial year, inventoried and established annual financial statements and, where appropriate, the management report and social report; 2 - knowingly established and communicated financial statements not issuing a faithful image of the assets, financial position and results of exercise. CHAPTER XII BLEACH THE PRODUCT OF CRIME Article 104: shall be punished by imprisonment of ten (10) years to twenty (20) years and a fine equal to the value of the property involved or the amount of securities involved:


1 - those who knowingly converted or transferred property from the offenses under this Act for the purpose, either concealing or disguising the illicit origin of the property or resources, or of assisting any person involved in the commission of one of these offenses to evade the legal consequences of such acts; 2 - those who knowingly concealed or disguised the nature, origin, location, disposition, movement or ownership of real resources, property or rights thereto from an offense under this Act; 3 - those who knowingly acquired, held or used goods from of an offense under this Act. Article 105: The private legal persons who have participated in an offense under this Act shall be liable, without prejudice to the criminal liability of the natural persons who have committed such offenses. The following penalties may be imposed fines, disqualification from an activity, closure, exclusion from public contracts, prohibition of issuing checks and confiscation. The persons concerned will also be required to display the decision. This liability is without prejudice to the criminal liability of the natural persons who have committed such offenses. Article 106: The agreement or participation in an association for the commission of an act constituting money laundering and conspiracy to commit the said act, shall be punished with imprisonment for a term of five (05) years to ten (10) years and a fine equal to three times the value of the property or funds which focused laundering operations. CHAPTER XIII CORRUPTION IN PUBLIC PROCUREMENT Article 107: The safety and regularity of public procurement are handled according to the law n 째 2009-09 of August 7, 2009 on the code of public procurement and public service delegations in Benin Republic. Article 108 shall be punished by imprisonment of five (05) years to ten (10) years, any public official who intentionally has not met one or more laws or regulations designed to guarantee freedom of access and equality of bidders in public procurement, including: 1 - working to declare a bidder bidder who has not complied with the rules of procedure for submission of procurement or who has not fulfilled the conditions required by the laws or regulations;


2 - by creating an institution on behalf of others to bid for a public contract; 3 - informing voluntarily and prior to the submission, all purchaser of the conditions for awarding public contracts. Any holder of a market, the supplier or service provider incurs decision of the regulatory authority procurement sanctions listed in this section when: - Conducted collusive practices among bidders to establish bid prices at artificial, non-competitive and deprive the contracting authority of the benefits of free and open competition; - Practices that benefited from the technical to establish a contract splitting or influence the content of the tender dossier; - Recourse to the billing or false billing - Attempted to influence the evaluation of bids or award decisions, including including by providing any payment or unfair advantage; - Provided information or false or misleading statements, or made use of confidential information in the context of the tender procedure; - Participated for the contract to fraudulent acts and practices prejudicial to the interests of the contracting authority, contrary to the regulations applicable to public procurement and may affect the quality of services or their prices as well as the guarantees has the authority Contracting. The bidder may be punished as an accomplice. The recipient may be permitted to take part in life or time to process procurement without this prohibition is less than five (05) years. Article 109: The following sanctions may also be imposed and, as appropriate, on a cumulative basis: - The confiscation of guarantees provided by the offender within the tendering procedures implicated in the event that it has not been provided by the specifications; - Exclusion from competition for a period determined by the seriousness of the misconduct, including, in the case of collusion regularly observed by the regulator, any company that owns the majority stake in the company sanctioned, or whose business has sanctioned the majority of the capital; - Withdrawal of their accreditation and / or their certificate of qualification;


- The payment of a minimum fine shall not be less than the amount of the market and the maximum can not be more than twice the market; - The decision to exclude the public order may not exceed five (05) years. In case of recurrence, a decision of expulsion may be imposed by the regulatory authority procurement; - The decisions of the regulatory authority referred to procurement preceding paragraphs may be appealed to the court of law. This appeal does not have suspensive effect, however. Article 110: Without prejudice to the penalties of the head of corruption and similar offenses, representatives and members of the contracting authorities and the administration, control authorities and the regulation of public procurement, as well as anyone involved in any capacity whatsoever in the chain of public procurement and public service delegations are punishable under this Act. CHAPTER XIV THE COUNTERFEIT MONEY Article 111: The penalties for the offense of counterfeiting are those prescribed by law n 째 2003-21 of 11 November 2003 on combating counterfeiting. CHAPTER XV VIOLATIONS cybernetic COMPUTER AND SANCTIONS Article 112: It is a computer system, any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data. Automated processing of data means all operations carried out by automated means, concerning the collection, recording, processing, modification, preservation, destruction, data editing and In general, their exploitation. Article 113: Provides a safety measure, any use of procedures, devices or specialized computer programs with which access to a computer system is restricted or prohibited for certain categories of users. Article 114 shall be punished by imprisonment of one (01) year five (05) years and a fine of five hundred thousand (500,000) francs to one million (1,000,000) francs or intentional access attempting to access without right to a computer system. When the event referred to in previous paragraph is committed in order to obtain


data, the penalty shall be two (02) years to five (05) years imprisonment and a fine of five hundred thousand (500 000) to two million francs (2,000,000) francs. When the facts referred to two (02) in the preceding paragraphs are in violation of security measures, the penalty is imprisonment time of ten (10) years to twenty (20) years and a fine of five million (5,000,000 ) francs to five hundred million (500,000,000) francs. When these facts have caused or are the basis of the death of one or more persons or are committed for the benefit of a terrorist organization, the perpetrator shall be punished by imprisonment. When the facts referred to in the first two paragraphs are committed by or on behalf of a legal person, the latter is sentenced to one hundred million (100,000,000) francs to one billion (1,000,000,000) francs without prejudice deprivation of liberty of individuals having committed the offense.


2Law no 2011-20 on the fight against corruption