Canada Repeals Facilitation Payments Exception In Corruption Of Foreign Public Officials Act

The Canadian government announced on October 30, 2017, that it is repealing the exception for "facilitation payments" to the offence of bribery under the Corruption of Foreign Public Officials Act (CFPOA).

The CFPOA is Canada's principal legislation combatting bribery of foreign public officials with respect to international business transactions. It is somewhat similar to measures found in the United States' Foreign Corrupt Practices Act and the United Kingdom's Bribery Act.

In essence, the CFPOA 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. The CFPOA also criminalizes an agreement to offer any such bribe, even if no benefit is actually paid out to a foreign public official.