The Corruption of Foreign Public Officials Act is Canada’s principal legislation aimed at combatting the bribery of foreign public officials in connection with international business transactions. It is somewhat similar to measures found in the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act.
The Corruption of Foreign Public Officials Act (CFPOA) is Canada’s principal legislation aimed at combatting the bribery of foreign public officials in connection with international business transactions. It is somewhat similar to measures found in the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act .
Anti-Corruption Offences and Exceptions
Under the CFPOA, it is a criminal offence in the course of business to give, offer or agree to give or offer, directly or indirectly, a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official either – as consideration for an act or omission by the official in connection with the performance of his or her duties or functions; or – to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions.
The first offence requires a quid pro quo, or “something for something.”
The second offence is broader, requiring only that the accused “induce, or attempt to induce, the foreign official to use their position to influence the acts of the foreign state, whether the foreign public official has done anything or not.” There is a subjective fault element – that is, the accused must intend the bribe to cause the official to behave in the desired manner. However, the corrupt scheme need not be successful for the CFPOA to apply. The prohibition applies to offering or giving benefits not only to legislators or judges, for example, but also to anyone who holds an administrative position with a foreign state and to employees of state boards, commissions or corporations who perform duties on behalf of a foreign state. (“Foreign state” includes both foreign countries and their political subdivisions, such as cities or provinces, and agencies.) However, the prohibition applies only in respect of persons holding such a position, not former or anticipated public office holders.
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Doing Business in Canada
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