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ARTICLE · 06 DECEMBER 2017

Corruption Of Foreign Public Officials Act: Overview

Gardiner Roberts LLP
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The Corruption of Foreign Public Officials Act, S.C. 1998, c. 34 (CFPOA) has been in force since 1999. In June of 2011, the CFPOA streaked across the radar screens of compliance officers....

CanadaCriminal Law
Kenneth Jull
Kenneth Jull
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The CFPOA: Mandatory Risk Assessment

The Corruption of Foreign Public Officials Act, S.C. 1998, c. 34 (CFPOA) has been in force since 1999. In June of 2011, the CFPOA streaked across the radar screens of compliance officers when Niko Resources Ltd. (Niko), a Canadian energy company, plead guilty and paid a fine of almost $10 million as a result of bribes paid to a Bangladeshi official. The bribes included a luxury SUV (Toyota Land Cruiser) and trips to New York and Calgary.

Niko and its subsidiaries were placed on probation requiring that the companies develop compliance procedures based on a risk assessment. The following paragraph from the Probation Order demonstrates the extent to which a risk assessment is now a mandatory element of compliance in the anti-corruption arena:

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