What Canada Corruption of Foreign Public Officials Act 1998 (CFPOA) requires
The Corruption of Foreign Public Officials Act of Canada (Statutes of Canada 1998 chapter 34, Royal Assent 10 December 1998, in force 14 February 1999) implements the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and creates indictable Canadian offences for bribing foreign public officials and for accounting offences committed to facilitate or conceal such bribery. Section 3 prohibits any person from directly or indirectly giving, offering, or agreeing to give or offer a loan, reward, advantage, or benefit of any kind to a foreign public official in order to obtain or retain an advantage in the course of business; section 4 prohibits the establishment of off-the-books accounts, the recording of unrecorded or falsely recorded expenses, the entry of nonexistent liabilities, the use of false documents, and the intentional destruction of accounting records used to bribe or conceal bribery of foreign public officials. The Act defines a foreign public official broadly to include legislative, administrative, and judicial officeholders, persons performing public duties for a foreign state, and officials or agents of public international organizations. The maximum penalty for indictable bribery and accounting offences is imprisonment of not more than 14 years, with no maximum on the available fine. The Royal Canadian Mounted Police International Anti-Corruption Unit investigates CFPOA matters with extraterritorial nationality-based jurisdiction under section 5; AI agents conducting international business communications or transactions for Canadian-linked enterprises must record and screen the inputs that would expose the enterprise to CFPOA liability.
Pillar: Financial Crime, AML & Sanctions · Authority: Parliament of Canada (Department of Justice consolidation) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/C-45.2/page-1.html
SHA-256 integrity: f9828bcce8dbc676b6bd5c791db7e430aae3f346817d5b14dc22829edc894d7c
Primary Citations — 8 traced to source
- Corruption of Foreign Public Officials Act, SC 1998 c. 34, Royal Assent 10 December 1998, https://laws-lois.justice.gc.ca/eng/acts/C-45.2/
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997) https://www.oecd.org/corruption/oecdantibriberyconvention.htm
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