Bribery (Foreign) Laws in Canada

Under the Corruption of Foreign Public Officials Act you can face charges if you directly or indirectly give, offer or agree to give or offer any form of benefit or advantage to a Foreign public officialSomeone holding a leadership position of a foreign jurisdiction to obtain an advantage in the course of business. You can also be prosecuted for establishing or maintaining accounting practices that are used to bribe a foreign official or to conceal a bribe. You can be living abroad or in Canada and face prosecution under the CFPOA.

The Act came into effect in 1999 to address Canada’s obligations under the United Nation’s Convention against Corruption and the Inter-American Convention against Corruption and is enforced by the Royal Canadian Mounted Police.

The CFPOA defines a foreign public official as:

• a person who holds a legislative, administrative or judicial position of a foreign state;
• a person who performs public duties or functions for a foreign state, including a person employed by a board, commission, corporation or other body or authority that is established to perform a duty or function on behalf of the foreign state, or is performing such a duty or function; and
• an official or agent of a public international organization that is formed by two or more states or governments, or by two or more such public international organizations.

Under the Act a foreign state is any country other than Canada and includes any political subdivision of that country; the government and any department or branch of that country or of a political subdivision of that country; and any agency of that country or of a political subdivision of that country.

A bribe does not have to be of significant monetary value. Gifts and money may not even be involved. A bribe can also be the promise of a favour such as a social or political benefit in return for a prohibited action.