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ARTICLE · 03 NOVEMBER 2017

Facilitation Payments Now Prohibited Under Corruption Of Foreign Public Officials Act

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The Government of Canada has removed the facilitation payment exception in the Corruption of Foreign Public Officials Act (CFPOA).

CanadaCriminal Law
John Terry
John Terry
David Wawro
David Wawro
Nick Kennedy
Nick Kennedy
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The Government of Canada has removed the facilitation payment exception in the Corruption of Foreign Public Officials Act (CFPOA). The exception was repealed in 2013 by Bill S-14: An Act to amend the Corruption of Foreign Public Officials Act but was not proclaimed in force until October 31, 2017.

What You Need To Know

  • Starting October 31, 2017, facilitation payments—the payment of a loan, reward, advantage or benefit of any kind to foreign public officials in order to expedite or secure the performance by that foreign public official of any act of a routine nature—will constitute an offence under CFPOA.
  • These payments had previously been exempted from CFPOA's broad prohibition on providing benefits to foreign public officials.

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