Specification BTC/CTB No. PHI/026
Date: August 28, 2006
”Conditions
For the provision of 138 motorcycles (automatic and manual gear type)
to support the Belgian Integrated Agrarian Reform Support Programme
in
regions 7 and 9, Philippines
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PART I - ADMINISTRATIVE AND LEGAL PROVISIONS
Foreword/Introduction
With a view to providing capacity support to the staff of the Department of Agrarian Reform
(DAR) in 8 provinces in the Philippines, the Belgian Technical Cooperation (BTC), represented by
the Chairman of the management committee, Mr. Carl Michiels, who is responsible for day-to-day
management, and the contracting authority (see Chapter 1, point 3, Definitions) shall award a contract
for the procurement of 138 motorcycles (39 manual and 99 automatic gear type).
This contract, authorised by BTC, falls within the scope of European regulations and Belgian
legislation on public contracts, in particular the law of 24/12/1993 (Belgian Official Gazette of
22/1/1994) and the relevant regulations (Royal Decrees of 8/1/1996; 26/9/1996; 14/10/1996 and
29/1/1997; published in the Belgian Official Gazette on 26/1/1996; 18/10/1996; 24/10/1996 and
13/2/1997), as amended and valid on the date of this specification.
This specification clarifies and/or sets out exceptions to the general contract terms and conditions.
Should the specification prove to contain lacunae, mistakes and/or unclear provisions, then the
tenderer must point these out and correct them in a separate document, giving the appropriate
explanation and describing the ensuing consequences, in particular the financial and technical
consequences.
In accordance with the specification, in accepting this contract the tenderer waives its conditions.
Chapter 1
General
1. Context
In accordance with Article 5(1) of the law of 21 December 1998 on the establishment of Belgian
Technical Cooperation in the form of a public-law company with social purposes (Belgian Official
Gazette of 30/12/1998), BTC has exclusive authority in respect of executing, both inside and outside
Belgium, public service tasks in the area of direct bilateral cooperation with partner countries.
More specifically, this means that BTC is exclusively responsible for the local implementation of
initiatives falling within the scope of direct bilateral cooperation and for the deployment of personnel
and resources for realising these initiatives. This includes projects and programmes, financial
cooperation, support for micro-companies, grants and work placements.
At the request of organisations governed by public law, BTC can also perform other development
cooperation missions and develop its own activities that contribute towards realisation of its objectives
(cf. Articles 7 and 8 of the aforementioned law).
This law took effect on 24/2/1999 (Article 1, Royal Decree of 10/2/1999) and the company's articles
of association were published in the Belgian Official Gazette on 27/2/1999.
In accordance with Article 15 of the aforementioned law, a management contract was concluded
between BTC and the Belgian state (approved by the Royal Decree of 5/5/1999, Belgian Official
Gazette of 28/5/1999) that sets out the rules and the special conditions for the implementation of
public service tasks.
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2. Object
In the framework of ‘Belgian Integrated Agrarian Reform Programme’ (BIARSP) the BTC solicits the
interest to deliver for the Institutional Capacity Building component of the BIARSP 138 (one
hundred thirty eight) motorcycles in the eight provinces of regions 7 and 9 of the Philippines, as
described in Part II ("Technical Specifications").
This tender consists of two types of motorcycles spread over 2 batches. Interested tenderers may bid
for one or two batches.
Batch 1
76 motorcycles for the provincial and municipal offices of the Department of Agrarian Reform – Region VII
(DAR) i.e.22 in Dumaguete (Oriental Negros), 20 in Cebu City (Cebu), 26 in Tagbilaran (Bohol), and 8 in
Siquijor (Siquijor) in the Philippines.
Batch 2
62 motorcycles for the provincial and municipal offices of the Department of Agrarian Reform – Region IX
(DAR) i.e. 24 in Dipolog (Zamboanga del Norte), 10 in Pagadian (Zamboanga del Sur), 14 in Ipil (Zamboanga
Sibugay), and 14 in Isabella (Basilan).
The Contracting Authority may decide not to pursue this tender and start the process again, if needed
using another tendering mode.
For this contract the delivery is established at DDP (Incoterms 2000), Dumaguete (Oriental Negros),
Cebu City (Cebu), Tagbilaran (Bohol), Siquijor (Siquijor), Dipolog (Zamboanga del Norte), Pagadian
(Zamboanga del Sur), Ipil (Zamboanga Sibugay), and Isabella (Basilan). All goods should be free of
damage.
3. Applicable legislation :
For this contract concluded by BTC, Belgian legislation on public contracts is applicable; namely, the
law of 24/12/1993 on public contracts and certain works, supply and service contracts and the related
regulation (in particular the Royal Decree of 8/1/1996 on public works, supply and service contracts
and public works concessions and that of 26/9/1996 laying down the general rules for the performance
of public contracts and public works concessions, to which is annexed the General Contract Terms and
Conditions); taking into account any adaptation and as applicable on the date of the present
specifications.
4. Derogations from the General Contract Terms and Conditions
In application of Art. 3(1) of the Royal Decree of 26 September 1996, below is a list of provisions
from which these specifications derogate:
5. Reasons for the derogations from the General Contract Terms and Conditions
6.1
Art. 14.
As a derogation from Article 14(1) of the General Contract Terms and Conditions the purchase prices
of any patent rights, as well as compensation for any patent licences and for maintaining patents, are
borne by the contractor, irrespective of whether or not their existence is mentioned in these
specifications.
6.2
Art. 15(3).
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There is derogation from Article 15, Para. 3 of the General Contract Terms and Conditions to prevent
BTC incurring an unavoidable financial risk resulting from an insufficiently specific court ruling on an
attachment order.
6.3
Art. 69.
If, under the terms of the specifications, the services to be provided are fixed or include minimum
amounts, the service provider does not acquire, by the sole fact of conclusion of the contract, the right
to compensation for the injury it suffers, if the fixed or minimum quantities are reduced for reasons for
which BTC is not wholly liable.
6. General conditions
The general contract terms and conditions shall apply, unless expressly stated otherwise in this
specification.
4.1. Bank Guarantee (Article 5, general contract terms and conditions)
In accordance with Article 5 of the general contract terms and conditions no bank guarantee is
required as the delivery time is set to be within 30 days.
4.2. Intellectual rights
Intellectual rights are paid upon provision of documentary evidence showing that such rights have
been lawfully obtained or established.
4.3 Warranty (Article 63, general contract terms and conditions)
The warranty shall have duration of minimum one year as from the date of the signature of the
provisional delivery and shall cover spare parts and working hours. More in detail, it should guarantee
that:
 Original pieces have been used during the assembly;
 The goods are free of any defect at the time of their delivery;
 Goods that show any defect within 30 calendar days after delivery will be replaced;
 Goods showing a defect after 30 calendar days because of assembly errors will be repaired by the
supplier or its service points;
 For repaired items a new guarantee period of one year will be observed.
7. Performance guarantee
The tenderer will include a performance guarantee in its offer or proposal, i.e. it will take all steps
necessary to carry out the contract and to achieve the results described in this specification. Should the
specifications prove to contain lacunae, mistakes and/or unclear provisions, then the tenderer must
point these out and correct them in a separate document, giving the appropriate explanation and
describing the ensuing consequences, in particular the financial and technical consequences.
8. Applicable law, jurisdiction, conditions
This contract and all legal consequence that might ensue fall fully within the scope of Belgian law.
The courts of Brussels shall have sole jurisdiction. In accordance with the specification, in accepting
this contract the tenderer waives its (sales) conditions.
Given the award procedure, the contracting authority has no possibility to negotiate the clauses of the
present specifications.
9. Technical Specifications
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The Technical Specifications are found in Part II.
10. Definitions
The following definitions shall be used for the purposes of this contract:
- Tenderer: the party submitting an offer;
- Supplier: the tenderer to whom the contract is awarded;
- Contracting authority: BTC, represented by Mr Carl Michiels;
- Beneficiary: the Department of Agrarian Reform (DAR).
11. Award procedure
This contract is awarded by means of a General Call for Tenders in accordance with Article 13 et seq.
of the law of 24/12/1993.
12. Delivery time
The contract shall take effect on the date of award, which shall be established by tendering authority
and shall expire no later than the 30th calendar day following this date.
13. Variations
No variations are foreseen.
14. Options
No compulsory options are foreseen.
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Chapter 2
Procedure
1. Information
For more information, you may contact Peter D’Huys, Belgian Programme Coordinator
(+35.225.59.29) or Anne Dedeurwaerdere, Belgian Technical Cooperation in writing for a period of
30 calendar days as from the announcement of this tender.
Letters must be sent to one of the addresses given in Chapter 6, point 2.
2. Submission of offers
2.1 Offers shall be submitted in English, Dutch or French (technical annexes may be written in
English if no translation exists), in accordance with the model appended as Annex 1 to this
specification; if this model cannot be used, then the tenderer shall declare on each document
that the document conforms to the specification’s specimen offer (Article 89, Royal Decree of
8/1/96).
2.2 Offers shall be sent to BTC in the Philippines at the address given in Chapter 6, point 2, in a
sealed envelope on which the following is written: “TENDER MOTORCYCLES”, the
opening date of the offers and the number of this specification (PHI/026).
2.3 An electronic version of the offer is to be included in the submission of offer.
2.4 Offers must be received by no later than September 4, 2006 at 10.00 am. They may be sent by
registered letter or delivered by messenger against receipt;
2.5 The offer and all documents pertaining thereto must be numbered and signed by the tenderer
or its authorised representative. The same applies to overwritten text, deletions or annotations
made thereto (Article 89 of the Royal Decree of 8/1/1996). The authorised representative must
establish that he is authorised to bind the tenderer.
3. Opening of the offers
The offers submitted for this contract shall be opened at a public session on September 4, 2006 at
11.00 am. at BIARSP TSCO, 2/F Sol y Mar Building, Rizal Boulevard corner San Juan Street,
Dumaguete City, 6200 Oriental Negros, Philippines (the address given in Chapter 6, point 2).
4. Selection Criteria
Only the legal regular bids with all their annexes will be considered.
In view of art. 42 of the RD 08-01-1996, the contracting authority will, prior to the awarding, initiate a
qualitative selection of the tenderers on the basis of the following documentary evidence:



Art. 42 states that the contracting authority may initiate a qualitative selection of the tenderers
after having obtained information on the situation of each supplier and the documents that are
necessary to evaluate the financial, economic and technical minimum criteria as according
articles 43 to 46.
The tenderer may not be subject to the exclusion criteria of art. 43 and 43 bis, RD 8.1.1996.
Art. 45: Documents that should indicate the technical capacity of the supplier.
- List of the most important deliveries made during the last 3 years indicating the
amount, date and public or private authority for which they were intended;
- List of dealers in region VII and IX in the Philippines;
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-
Description of the goods to be delivered;
Certificates with reference to the technical specifications.
-
Certificate that the tenderer has fulfilled all fiscal obligations to the authority of
the country of residence;
Warranty conditions for the goods to be supplied.
-
5. Methodology
Only those offers that are in order and include all the relevant annexes will be considered.
The award criteria on the basis of which the offers will be ranked and rated are the following:




The total price of the tender per batch – 40%
Comparative independent rating – 25%
(Overall safety; overall quality; overall
dependability)
Services Points (number of provinces) – 10%
Variables – 25% (performance; torque; fuel consumption; comfort features; warranty;
options free-of-charge)
6. Price inquiry
Prior to the awarding of the contract the tenderers must supply all necessary information so that BTC
can undertake a price inquiry (Article 88 of the aforementioned Royal Decree), irrespective of the
amount of the contract or the way in which the contract is awarded.
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Chapter 3
Prices, methods of payment and guarantee
1. Prices
The agreement to be concluded concerns a global contract for each batch that is valid for the entire
duration of the project. The total price for the goods is calculated on the basis of the given unit prices
expressed in Euros, free of taxes and import duties. The price includes the goods, their packaging and
transportation to their destinations.
Conform the Specific Agreement between the Kingdom of Belgium and the Republic of the
Philippines, At. IV.10 “the Government of the Philippines shall bear all costs off al taxes including
value-added taxes, for all goods, equipment and services that are needed for the implementation of the
programme and that will be acquired with Belgian funds on the local market.” Therefore, the price
given is exclusive of VAT.
Conform the Specific Agreement between the Kingdom of Belgium and the Republic of the
Philippines, At. IV.10 “the Government of the Philippines shall bear all costs such as custom duties,
storage fees, custom clearance costs, and all other costs in the importation of goods and equipment for
the programme to be acquired with Belgian funds.”
1.1 Price review
The prices are fixed and not subject to review.
2. Period during which the tenderer is bound to keep open his offer
In accordance with Article 116 of the Royal Decree of 8/1/1996 the tenderers are bound by their offer
for a period of 90 calendar days starting on the day after the session where the offers are opened.
3. Payment
Payment will be made – in Philippine Peso or € - on the basis of invoices sent to the address of the
BTC representation in the Philippines. This address is given in point 2 of Chapter 6.
The bank exchange rate of the Bank of Philippine Islands (BPI) of the date of payment will be used to
define the exchange value.
These invoices will be signed and dated and will include the following statement: "hereby declared
authentic and true the total sum of €. .... (written out in full)".
The tenderer may not request an advance payment. Payments shall be effected in accordance with
stages or the progress report which must be clearly specified in the contract.
In the event of a refusal to pay or in the event that a seizure order is served upon BTC due to
circumstances relating to the supplier, and in so far as the exact and definitive amount of these sums
are not set, BTC shall be entitled to suspend all payments to the aforementioned supplier. BTC shall
have 15 calendar days to effect payment of the sums due to the supplier as from the date that
opposition or seizure order is lifted.
The BTC representative's prior approval of invoices is required before BTC can effect payment
thereof.
4. Bank Deposit
In accordance with Article 5 of the general contract terms and conditions no bank deposit is required.
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Chapter 4
Execution of the contract
1.
Implementation of the contract
The supplier of the training services is expected to deliver one or two batches of hundred thirty
eight (138) motorcycles to various locations in the Philippines according to the specifications in
Part II.
2.
Penalties for late completion
Penalties for late completion are due, without notice, once the deadline has elapsed; notice does not
need to be served. They will be automatically applied for the total number of calendar days of the
delay. They will be calculated in accordance with Art. 66. of the general contract terms and conditions,
appended to the Royal Decree of 26/9/96.
Chapter 5
Deliveries
The general conditions of contract are applicable.
1. Final delivery
Final delivery will take place after the expiry of the warranty period set at 30 calendar days. The
BIARSP Coordinator – or his representative - assisted by the regional DAR Director – or his/her
representative - will inspect and receive the goods for final delivery.
Chapter 6
Miscellaneous
1. Confidentiality
The supplier and BTC guarantee that the information obtained within the framework of this contract
shall remain confidential and that it will only be divulged to third parties after receiving the prior
written consent of the other party.
The supplier and BTC will only distribute this confidential information among appointed parties
involved in the contract. They guarantee that said appointed parties will be adequately informed of
their obligations in respect of the confidential nature of the information and that they will comply
therewith.
2. Additional information
Additional information can be obtained from the Belgian Technical Cooperation offices in Belgium or
in the Philippines from the following addresses:
BTC-Brussels, Hoogstraat, 147, 1000 Brussels, Belgium (tel. +32.2.505.37.00, fax. +32.2.502.98.62)
C/o
Ann DeDeurwaerdere (direct tel. +32.2.505.37.32)
e-mail: : ann.dedeurwaerdere@btcctb.org
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BTC Philippines, BIARSP TSCO, 2/F Sol y Mar Building, Rizal Boulevard corner San Juan Street,
Dumaguete City, Oriental Negros 6200, Philippines.
(tel. +63-35-2255929 to 30, +63-35-4227459, fax. +63-35-4227736)
c/o:
Peter D’HUYS (coordinator@biarsp.org) who will also supervise the execution of the
contract.
10/19
PART II - TECHNICAL SPECIFICATIONS
Motorbike Specifications
Type A.


4-stroke engine, single cylinder, 125-175 CC, 4-5 gears, manual clutch type, with central beam frame
(fuel tank mounted on top of frame in front of seat)
Helmet
Type B.


4-stroke engine, single cylinder, 100-125 CC, 4 gears, automatic clutch type, with low mounting frame
(fuel tank underneath seat)
Helmet
In connection to the warranty, an official dealer network for maintenance and repairs is to be
available in the regions where the final delivery will take place i.e. region 7 and /or 9 of the
Philippines.
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Destinations:
Batch 1
Description
Unit
Contact
Person
Grace Fua
PARO
Motorbike TYPE B
22
Motorbike TYPE B
26
Atty. Johnson
Sinco
PARO
Motorbike TYPE B
18
Motorbike TYPE B
8
Motorbike TYPE B
2
Virgilio
Alcomendras
PARO
Teresita
Depeňoso
PARO
D. Yusuf
Mama
TOTAL
76
Delivery Address
Dept. of Agrarian Reform,
Hibbard Ave., Dumaguete City,
Neg. Or. 6200
Dept. of Agrarian Reform,
Bodare Building, Capitol
Complex Annex, Dao District,
Tagbilaran City
Dept. of Agrarian Reform, 2/F
WDC Building, Osmeña
Boulevard, Cebu City
Dept. of Agrarian Reform, PAC
Building, Brgy. Caipilan,
Siquijor, Siquijor
Dept. of Agrarian Reform
Region 7, 2/F Cebu Capitol
Commercial Complex, Escario
St., Cebu City
Telephone
Number
035-2251586
038-2354243
032-2557138
035-4803072
032-2536913
Batch 2
Description
Unit
Motorbike TYPE A
Motorbike TYPE B
13
11
Motorbike TYPE A
Motorbike TYPE B
7
3
Motorbike TYPE A
Motorbike TYPE B
7
7
Motorbike TYPE A
Motorbike TYPE B
12
2
TOTAL
62
Contact
Person
Rogelio
Balladares
PARO
Raymundo
Bernardo
PARO OIC
Raymundo J.
Alexis
Edades
PARO
Suwaib
Ismael
PARO
Delivery Address
Dept. of Agrarian Reform, BLISS,
Sta. Isabel St., Dipolog City,
Zamboanga del Norte
Dept. of Agrarian Reform, F.S.
Fajares St., Pagadian City,
Zamboanga del Sur
Dept. of Agrarian Reform, Ipil
Heights, Ipil, Zamboanga Sibugay
Dept. of Agrarian Reform, Tabuk,
Isabela, Basilan
Telephone
Number
065-2127445
062-2143464
062-3335529
062-2003319
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ANNEX I
MODEL FOR TENDER
Firm …………………………………………………… (company name, legal form)
with its registered office at ………………………… (municipality, street, number), represented by the
undersigned……………………………..
hereby agrees to …………….. for the BTC……………., in accordance with the clauses and conditions
of the specifications, ref. ……, of which a proposal, supplemented with a methodological statement, is
appended hereto,
for a total price, excluding VAT, of …………………….. € (in figures and in words).
It declares that it has read and approved the specifications ref. BTC no. PHI/026
It holds a post office account ……………or a bank account nr………… at ……………….
Its VAT number is the following one ………………………
Its registration number in the trade register is the following one ………………………
It is registered with the National Social Security Office under number ……………………and certifies
that it is up-to-date in the payment of its social security taxes (Art. 90(3), RD 8.1.1996).
Done in duplicate at ………….., on
Signature(s) and title(s).
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ANNEX 2
BILL OF QUANTITY
ALL PRICES without VAT and import taxes
Item
Description
1
Batch 1:
2
Batch 2:
Par.
Qty.
Unit Price
Total
GRAND TOTAL
Grand Total in EURO:
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ANNEX 3
INVENTORY OF DOCUMENTS
No
1.
2.
3.
4.
5.
6.
Main documents
Introduction letter
(Annex I)
Inventory of
documents (annex III)
Pro forma Invoice
Main proposal
Options, if any (Annex
IV)
List of certificates
Total number of pages
# pages
Attachments
Attachments need to dated, signed and bear a seal of the tenderer
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ANNEX 4
PROPOSED OPTIONS FREE-OF-CHARGE
Details on proposed options:
-
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ANNEX 5
CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN
INTERNATIONAL BUSINESS TRANSACTIONS
Belgium ratified this convention and transposed it into its national legislation in the form of the law of 10
February 1999 on the suppression of corruption.
For information purposes, below you will find several key provisions of this text, largely excerpted from
the Criminal Code and the Code of Criminal Procedure.
Articles 240 to 243 of the Criminal Code are written as follows:
Art. 240. Any person exercising a public function who has misappropriated public or private funds,
securities in lieu thereof, documents, securities, records, or movable property which were in his hands
either by virtue of or by reason of his function shall be punished by imprisonment for five years to 10
years and a fine of 500 francs to 100,000 francs.
Art. 241. Any person exercising a public function who has maliciously or fraudulently destroyed or deleted
records or securities of which he was the depositary in this capacity, which had been communicated to
him, or to which he had access by reason of his function shall be punished by imprisonment for five years
to 10 years and a fine of 500 francs to 100,000 francs.
Art. 242. When a person has deleted or destroyed documents or records of judicial proceedings, or other
papers, registers, computer or magnetic media, records or effects contained in the public archives,
registries or filings, or given to a public depositary in this capacity, the depositary guilty of negligence shall
be punished by either or both of imprisonment for one month to six months or a fine of 100 francs to
10,000 francs.
Art. 243. Any person exercising a public function who is found guilty of misappropriation, by ordering to
pay, demanding or receiving what he knew was not due to him or exceeding what was due for fees, taxes,
contributions, funds, revenue or interest, for wages or salaries, shall be punished by either or both of
imprisonment for six months to five years or a fine of 100 francs to 50,000 francs, and can also be
sentenced to prohibition of the right to fulfil public functions, jobs or offices, in conformity with Article
33.
The sentence shall be imprisonment for five years to 10 years and a fine of 500 francs to 100,000 francs if
the misappropriation was committed with the use of violence or threats. »
Article 245 of the same Code is written as follows:
"Art. 245. Any person exercising a public function who, either directly, or through other persons, or by
bogus deeds shall have taken or received any interest whatsoever in the acts, adjudications, undertakings
or state-owned companies which he managed or supervised, in whole or in part, at the time of the act, or
who, being assigned to organise the payment or effect the settlement of an affair, shall have taken any
interest in it, shall be punished by either or both of imprisonment for one year to five years or a fine of
100 francs to 50,000 francs, and can also be sentenced to prohibition of the right to fulfil public functions,
jobs or offices, in conformity with Article 33.
The previous provision shall not be applicable to such person who, because of circumstances, was unable
to promote his private interests through his position and who acted openly. »
Articles 246 to 252 of the same Code are written as follows:
"Article 246.1 For a person who exercises a public function, passive corruption shall consist of soliciting
or accepting, directly or through other persons, an offer, promise or benefit of any kind, for himself or a
third party, to act in one of the ways referred to in Article 247.
2. Active corruption consists of proposing, directly or through other persons, to a person exercising a
public function an offer, promise or benefit of any kind, for himself or a third party, to act in one of the
ways referred to in Article 247.
3. A person exercising a public function within the meaning of this article is any person who has stood as
a candidate for such a function, who gives the impression he will exercise such a function, or who, by
misrepresenting his position, gives the impression he exercises such a function.
Art. 247.1 When the purpose of the corruption is to have the person who exercises a public function
perform an act of his function, which is legitimate but not subject to payment of salary, the sentence shall
be either or both of imprisonment for six months to one year or a fine of 100 francs to 10,000 francs.
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When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be either or both of imprisonment for six months to two years or a
fine of 100 francs to 25,000 francs.
2. When the purpose of the corruption is to have the person who exercises a public function perform a
wrongful act in the performance of his function or to refrain from performing an act that would be part
of his duties, the sentence shall be imprisonment for six months to two years and a fine of 100 francs to
25,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for six months to three years and a fine of 100
francs to 50,000 francs.
In the event the person corrupted has performed the wrongful act or has refrained from performing an
act that would be part of his duties, he shall be punished by imprisonment for six months to five years and
a fine of 100 francs to 75,000 francs.
3. When the purpose of the corruption is to have the person who exercises a public function commit a
criminal offence or petty offence in the performance of his function, the sentence shall be imprisonment
to six months to three years and a fine of 100 francs to 50,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for two years to five years and a fine of 500 francs
to 100,000 francs.
4. When the purpose of the corruption is to have the person who exercises a public function use the real
or assumed influence he enjoys by virtue of his function to obtain an act by a public authority or
administration or to have it refrain from such an act, the sentence shall be imprisonment for six months to
one year and a fine of 100 francs to 10,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for six months to two years and a fine of 100 francs
to 25.000 francs.
If the person corrupted has actually used the influence he enjoys by virtue of his function, he shall be
punished by imprisonment for six months to three years and a fine of 100 francs to 50,000 francs.
Art. 248. When the actions referred to in Articles 246 and 247, Paras. 1 to 3, are aimed at a police official,
a person with the status of officer of the judicial police or a member of a public ministry, the maximum
sentence shall be increased to double the maximum of the sentence provided by Article 247 for such
actions.
Art. 249.1. When the corruption referred to in Article 246 concerns an arbitrator and involves an action
falling under his judicial function, the sentence shall be imprisonment for one year to three years and a
fine of 100 francs to 50,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for two years to five years and a fine of 500 francs
to 100,000 francs.
2. When the corruption referred to in Article 246 concerns a non-presiding judge or juror and involves an
action falling under his judicial function, the sentence shall be imprisonment for two years to five years
and a fine of 500 francs to 100,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for five years to ten years and a fine of 500 francs to
100,000 francs.
3. When the corruption referred to in Article 246 concerns a judge and involves an action falling under his
judicial function, the sentence shall be imprisonment for five years to ten years and a fine of 500 francs to
100,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
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246.2 is accepted, the sentence shall be imprisonment for ten years to fifteen years and a fine of 500 francs
to 100,000 francs.
Art. 250.1. When the corruption referred to by Articles 246 to 249 concerns a person who exercises a
public function in a foreign state, the sentences shall be those provided by these provisions.
2. The status of a person exercising a public function in another State shall be assessed in conformity with
the law of the State in which the person exercises this function. If it is a State, which is not a member of
the European Union, this status is only recognised, for the purposes of application of Para. 1, if the
function concerned is also considered a public function under Belgian law.
Art. 251.1. When the corruption referred to by Articles 246 to 249 concerns a person who exercises a
public function in an organisation under public international law, the sentences shall be those provided by
these provisions.
2. The status of this person shall be assessed in conformity with the statutes of the organisation under
public international law to which he is subject.
Art. 252. Without prejudice to the application of Articles 31 and 32, the persons punished under the
provisions of this chapter can also be sentenced to prohibition in conformity with Article 33.”
Articles 504a and 504b of the same Code are written as follows:
"Art. 504a.1. For a person with the status of administrator or manager of a legal person, authorised
representative or employee of a legal or natural person, private passive corruption shall consist of
soliciting or accepting, directly or through other persons, an offer, promise or benefit of any kind, for
himself or for a third party, to perform or refrain from performing an action of his function or facilitated
by his function, without the knowledge or authorisation, as the case may be, of the executive board or
general assembly, the principal or the employer.
2. Active private corruption shall consist of proposing, directly or through other persons, to a person with
the status of administrator or manager of a legal person, authorised representative or employee of a legal
or natural person, an offer, promise or benefit of any kind, for himself or for a third party, to perform or
refrain from performing an action of his function or facilitated by his function, without the knowledge or
authorisation, as the case may be, of the executive board or general assembly, the principal or the
employer.
Art. 504b.1. In the case of private corruption, the sentence shall be either or both of imprisonment for six
months to two years or a fine of 100 francs to 10,000 francs.
2. In the event the solicitation referred to in Article 504a.1 is followed by a proposal referred to in Article
504a.2, as in the case where a proposal referred to in Article 504a.2 is accepted, the sentence shall be
either or both of imprisonment for six months to three years or a fine of 100 francs to 50,000 francs.
In the Code of Criminal Procedure, Article 10c is written as follows:
"Article 10c. Any person can be prosecuted in Belgium who has committed outside the territory:
1. an offence provided for in Articles 246 to 249 of the Criminal Code;
2. an offence provided for in Article 250 of the Criminal Code when it concerns a person who exercises a
public function in a Member State of the European Union.
In this latter case, the prosecution can only take place on the official advice given to the Belgian authority
by the authority of this State;
3. an offence provided for in Article 250 of the Criminal Code when it concerns a person who exercises a
public function in a foreign State other than those referred to in 2.
In this latter case, prosecution is subject to the condition that the act is punished by the legislation of the
country where it was committed, and inasmuch as the legislation of this State also punishes corruption
that involves a person who exercises a public function in Belgium. Furthermore, it can only take place on
the official advice given to the Belgian authority by the authority of this State;
4. an offence provided for by Article 251 of the Criminal Code, when it concerns a person who exercises a
public function in one of the institutions of the European Union;
5. an offence provided for by Article 251 of the Criminal Code, when it concerns a person who exercises a
public function in an organisation of international public law.
In this latter case, the prosecution can only take place on the official advice given to the Belgian authority
by the competent authority of this organization. "
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