Canada Bans Facilitation Payments Under Foreign Anti-Corruption Law

Canada has formally repealed its exception for "facilitation payments" under its foreign anti-corruption legislation (the Corruption of Foreign Public Officials Act).

Canada's anti-bribery law prohibits anyone from giving or offering a loan, reward, advantage or benefit of any kind — directly or through intermediaries — to a foreign public official as consideration for an act or omission by the latter to obtain or retain a business advantage.

Facilitation payments, regularly made to help speed up the performance by a foreign public official of any act of a routine nature that is part of that person's duties or functions, are now unlawful. Such payments include paying a foreign official to expedite permits, licences or other official documents or the processing of visas.