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North of the Border

We point the compass north in what has become “comparative law week” here at the blog and take a look at Canada’s “FCPA-like” domestic statute – the Corruption of Foreign Public Officials Act (“CFPOA”).

Saddle up, the Royal Canadian Mounted Police “have established a special unit dedicated to investigating international bribery and enforcing the CFPOA” according to a Canadian law firm which recently released a bulletin titled “Canada’s Corruption of Foreign Public Officials Act: What You Need to Know and Why” (see here).

The bulletin is an informative read and “provides an introduction to the CFPOA, contrasts it with the anti-bribery provisions of the FCPA, and provides a brief update on recent developments in Canada.”

According to the bulletin, an amendment to CFPOA was recently introduced to provide for extraterritorial jurisdiction much like 78dd-1(g) and 78dd-2(i) provide for U.S. issuers and domestic concerns.

The authors note that “[w]hile the CFPOA has been in force for a decade, it is only recently that it has been the subject of minimal enforcement efforts by Canadian authorities.” However, the authors predict, “this is likely to change in the future.”

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