Corruption of Foreign Public Officials Act (S.C. 1998, c. 34).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Act lays down provisions to combact the corruption of foreign public official. Under the Act foreign public official means (a) a person who holds a legislative, administrative or judicial position of a foreign state; (b) a person who performs public duties or functions for a foreign state, including a person employed by a board, commission, corporation or other body or authority that is established to perform a duty or function on behalf of the foreign state, or is performing such a duty or function; and (c) an official or agent of a public international organization that is formed by two or more states or governments, or by two or more such public international organizations. (agent public étranger).
Under the Act “Bribing a foreign public official” is an offence when who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official a) as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or (b) to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions. Some saving provisions are also laid down. (Section 3).
The Act also recognises as an offence some other activities that have the purpose of hiding that bribery, these include establishment or maintenance of accounts which do not appear in any of the books and records, makes not recorded transactions that are, records non-existent expenditures in those books and records, enter liabilities with incorrect identification of their object in those books and records, knowingly using false documents; or intentionally destroys accounting books and records earlier than permitted by law. (Section 4).
Offences under sections 3 and 4 extend to outside Canadian borders when the act, omission has been committed by a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province. The Act extends the application also to situations where where there was a conspiracy to commit, attempt to commit, being an accessory or counseling in relation to the offence.
Under the Act “Bribing a foreign public official” is an offence when who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official a) as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or (b) to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions. Some saving provisions are also laid down. (Section 3).
The Act also recognises as an offence some other activities that have the purpose of hiding that bribery, these include establishment or maintenance of accounts which do not appear in any of the books and records, makes not recorded transactions that are, records non-existent expenditures in those books and records, enter liabilities with incorrect identification of their object in those books and records, knowingly using false documents; or intentionally destroys accounting books and records earlier than permitted by law. (Section 4).
Offences under sections 3 and 4 extend to outside Canadian borders when the act, omission has been committed by a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province. The Act extends the application also to situations where where there was a conspiracy to commit, attempt to commit, being an accessory or counseling in relation to the offence.
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Long title of text
An Act respecting the corruption of foreign public officials and the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and to make related amendments to other Acts.
Notes
Updated up to the Fighting Foreign Corruption Act (SC 2013, c 26).
Repealed
No
Source language
English
Legislation Amendment
No