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Inside Internal Controls

News and discussion on implementing risk management

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anti-corruption law

The facilitation payment exemption is gone – It’s time to revisit your anti-corruption compliance program

Canada’s Corruption of Foreign Public Officials Act (the “CFPOA”) contained, until October 30, 2017, an unusual provision permitting the payment of certain small bribes to foreign public officials. Known as the “facilitation payment” exemption, this provision permitted companies and individuals to make payments to “expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions.”

 

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Facilitation payments now illegal under Canada’s foreign corruption law

On October 31, 2017, the federal government brought into force a pending amendment to the Corruption of Foreign Public Officials Act likely to have a significant impact on many Canadian firms operating abroad. Starting on October 31, so-called “facilitation payments” – payments to low-level government officials to expedite or secure the performance of an act of a routine nature – will be illegal.

 

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Ontario Court of Appeal breathes some life into anti-corruption pursuits

The Ontario Court of Appeal’s decision in this case injects new life into anti-corruption pursuits under the CFPOA and is a reminder that individuals may be personally liable for illegal conduct undertaken for a company’s benefit.

 

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Canada loses points in annual corruption ranking

Transparency International’s 2013 Corruption Perceptions Index shows significant improvement among some poor performers and some movement at the top, as well. In particular, Canada’s score fell three points in 2013, to 81 (out of 100). The Corruption Perceptions Index measures how various stakeholders perceive corruption in the public sectors of the subject countries, based on reviews of government accountability, access to information, conflicts of interest and abuse of office, and integrity rules and anti-corruption laws.

 

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