Guidance From Canada's First Remediation / Deferred Prosecution Agreement For Foreign Corruption

The recent Court-approved Remediation Agreement ("RA"), between the Public Prosecution Service of Canada ("PPSC") and Ultra Electronics Forensic Technology Inc. ("UEFTI"), provides important guidance on procedural and substantive issues for future cases. The agreement ("UEFTI Agreement") arises from charges against UEFTI for bribing Philippine officials to secure government contracts. This case should be reviewed carefully by any organization considering the potential negotiation of an RA to avoid criminal conviction in any settlement of allegations or charges relating to foreign or domestic corruption, fraud, insider trading, money laundering or other offences within scope of this RA mechanism.¹