Transparency International’s annual assessment of the
enforcement of the OECD Anti-Bribery Convention by member countries
was released earlier today. The Report ranks countries’
enforcement efforts into four “grades”: active,
moderate, limited and little/no enforcement.
As in prior years, the US leads the way with the highest number
of investigations and prosecutions under its foreign corruption
law, the Foreign Corrupt Practices Act. Other countries
given the highest grade of “active enforcement” are
Germany, the UK and Switzerland. However, of interest to Canadian
companies, is the fact that Canada is one of only two countries to
move up on the TI rankings, moving from “limited”
enforcement in 2013 to “moderate” enforcement in 2014.
This improvement in Canada’s grade is attributed to the
significant number of cases being actively pursued by enforcement
authorities, including moving a number of these investigations to
criminal charges and court proceedings. Further, Canada’s
2013 amendments of its Corruption of Foreign Public Officials
Act were applauded by TI, who called them “major
legislative reforms … which when taken together with the
investigations, provide a good basis for (its) anti-corruption
drive”. The full report can be viewed here.
Canadian companies operating abroad, or considering operating
abroad, must be vigilant to remain in compliance with the
requirements of the CFPOA. Gowlings has extensive experience
developing and implementing practical corruption risk mitigation
strategies around the world. We take a business-focused approach to
preventing and detecting bribery.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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