In this presentation, Alan Monk looks at the laws against bribery of foreign Public Officials. Giving an overview of the Corruption of Foreign Public Officials Act (Canada), the Foreign Corrupt Practices Act (United States), and the Bribery Act (United Kingdom) as well as what companies can do in response to the legislation.
If you would like to understand about the roots of the FCPA, what it entails, forbids, and what can companies do about it - enjoy this brief introduction, courtesy of ACURUS Business Consulting.
ACURUS Business Consulting - Business risk consulting focused on bridging complexity to simplicity, balancing business ethics, listening to understand, and providing customised solutions.
@acurusgta | www.acurus.ca | sid.joshi@acurus.ca | 1-416-577-8488
North American countries have implemented anti-corruption laws. Should other areas adopt such practices? What impact would such laws have on business in a region?
The necessity for international harmonization of competition lawAbhimanyu Singh
Co-operation in the enforcement of competition law has improved significantly since 1990. More countries are actively co-operating and efforts to converge in substantive approaches to competition law enforcement have borne fruit. While bilateral co-operation provides many satisfactory results at the moment, with rapid change in competition law enforcement and increasingly more connected economies, it is appropriate to consider whether new approaches to co-operation will be needed in the future. Future challenges for co-operation arise from the significant increases in the complexity of cooperation as the world economy continues to globalize and as the newer competition authorities in fast growing emerging economies become more active. Methods and tools of co-operation could usefully evolve in order to address future challenges. From 1990 to 2011, while the complexity of co-operation has increased 20 times or more, the legal mechanisms for co-operation have hardly evolved. The need for effective co-operation could outstrip the ability of existing, bilateral, mechanisms to cope.
If you would like to understand about the roots of the FCPA, what it entails, forbids, and what can companies do about it - enjoy this brief introduction, courtesy of ACURUS Business Consulting.
ACURUS Business Consulting - Business risk consulting focused on bridging complexity to simplicity, balancing business ethics, listening to understand, and providing customised solutions.
@acurusgta | www.acurus.ca | sid.joshi@acurus.ca | 1-416-577-8488
North American countries have implemented anti-corruption laws. Should other areas adopt such practices? What impact would such laws have on business in a region?
The necessity for international harmonization of competition lawAbhimanyu Singh
Co-operation in the enforcement of competition law has improved significantly since 1990. More countries are actively co-operating and efforts to converge in substantive approaches to competition law enforcement have borne fruit. While bilateral co-operation provides many satisfactory results at the moment, with rapid change in competition law enforcement and increasingly more connected economies, it is appropriate to consider whether new approaches to co-operation will be needed in the future. Future challenges for co-operation arise from the significant increases in the complexity of cooperation as the world economy continues to globalize and as the newer competition authorities in fast growing emerging economies become more active. Methods and tools of co-operation could usefully evolve in order to address future challenges. From 1990 to 2011, while the complexity of co-operation has increased 20 times or more, the legal mechanisms for co-operation have hardly evolved. The need for effective co-operation could outstrip the ability of existing, bilateral, mechanisms to cope.
Kegler Brown, in conjunction with NACM Great Lakes Region, presented its annual Legal Conference for Credit Professionals on October 16, 2014. The half-day seminar is central Ohio's premier legal conference providing compelling and timely topics that are imperative for credit managers.
This year's topics included handling corruption in international sales, recovering assets transferred by debtors, electronic commerce and a bankruptcy law update.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
Legal Compliance for doing businessin United Kingdom and EuropeCA CISA Jayjit Biswas
Covers brief overview of following laws:
Labour Law Issues
UK Bribery Act
Data Protection Act
Data Retention Act
Regulation of Investigatory Powers Act
Digital Economy Act
Luis Alcalde presented "Business Risk: Latin America + Cuba" on November 18-19 at the 2015 Great Lakes Region Credit Conference.
The presentation international trade in a legal context, foreign exchange risk and business opportunities regarding Latin America and Cuba.
Legal Environment - International Business - Manu Melwin Joymanumelwin
Managers must be aware of the legal systems in the countries in which their firms operate, the basic nature of the legal profession (both domestic and international) and the legal relationships that exist between and among countries. Legal systems differ both in terms of the nature of the system and the degree of independence of the judiciary from the political process.
De-Risking Web Seminar held on 9/26/16 by Stanley Foodman of Foodman CPAs & Advisors and Global Radar to discuss the impact of de-risking on financial institutions
Startup Basics: Money People and TechnologyRoger Royse
The Royse Law firm offers significant advise that early stage startups should ensure they understand. The slides contain great considerations that startups should utilize. Our team is a full service firm that provides legal counseling to many startups. Please contact us so we can help you ensure the health of your startup. (01/2018)
This slide deck covers NAFTA and Chapter 11, the Chapter 11 Claim Procedure, and substantive investor protections under Chapter 11. It explains the highly important Most-Favored Nation (MFN), Minimum Standard of Treatment, Performance Requirements and Expropriation provisions.
We recognize the amazing potential for business in Cameroon... However, American businesses and AmCham members encounter difficulties doing business in Cameroon. According to UN statistics, the United States is the leading investor in Cameroon in terms of dollars invested but enforcing contracts and corruption deters potential investors and impedes development.
Occupy Wall Street through Legislative Reform, NCPERS 2012Reed Kathrein
Starting with the Great Depression, legislative reforms were put in place to protect U.S. investors
Over the last 17 years, Congress and the U.S Supreme Court have stripped investors of much protections
In the current “Occupy” environment, sentiment may be running high for legislative re-reforms. This presentation discusses the Supreme Court cases of Citizens United, Morrison and Stoneridge and possible legislative roll-backs.
Kegler Brown, in conjunction with NACM Great Lakes Region, presented its annual Legal Conference for Credit Professionals on October 16, 2014. The half-day seminar is central Ohio's premier legal conference providing compelling and timely topics that are imperative for credit managers.
This year's topics included handling corruption in international sales, recovering assets transferred by debtors, electronic commerce and a bankruptcy law update.
This presentation on the new global law enforement effort against corruption, white collar crime, and anti-trust/anticartel behavior was first presented in London in November 2008. The presenters followed up with a presentation in November of 2009 in St. Louis. Copyright HBS and AG, 2008 and 2009.
Legal Compliance for doing businessin United Kingdom and EuropeCA CISA Jayjit Biswas
Covers brief overview of following laws:
Labour Law Issues
UK Bribery Act
Data Protection Act
Data Retention Act
Regulation of Investigatory Powers Act
Digital Economy Act
Luis Alcalde presented "Business Risk: Latin America + Cuba" on November 18-19 at the 2015 Great Lakes Region Credit Conference.
The presentation international trade in a legal context, foreign exchange risk and business opportunities regarding Latin America and Cuba.
Legal Environment - International Business - Manu Melwin Joymanumelwin
Managers must be aware of the legal systems in the countries in which their firms operate, the basic nature of the legal profession (both domestic and international) and the legal relationships that exist between and among countries. Legal systems differ both in terms of the nature of the system and the degree of independence of the judiciary from the political process.
De-Risking Web Seminar held on 9/26/16 by Stanley Foodman of Foodman CPAs & Advisors and Global Radar to discuss the impact of de-risking on financial institutions
Startup Basics: Money People and TechnologyRoger Royse
The Royse Law firm offers significant advise that early stage startups should ensure they understand. The slides contain great considerations that startups should utilize. Our team is a full service firm that provides legal counseling to many startups. Please contact us so we can help you ensure the health of your startup. (01/2018)
This slide deck covers NAFTA and Chapter 11, the Chapter 11 Claim Procedure, and substantive investor protections under Chapter 11. It explains the highly important Most-Favored Nation (MFN), Minimum Standard of Treatment, Performance Requirements and Expropriation provisions.
We recognize the amazing potential for business in Cameroon... However, American businesses and AmCham members encounter difficulties doing business in Cameroon. According to UN statistics, the United States is the leading investor in Cameroon in terms of dollars invested but enforcing contracts and corruption deters potential investors and impedes development.
Occupy Wall Street through Legislative Reform, NCPERS 2012Reed Kathrein
Starting with the Great Depression, legislative reforms were put in place to protect U.S. investors
Over the last 17 years, Congress and the U.S Supreme Court have stripped investors of much protections
In the current “Occupy” environment, sentiment may be running high for legislative re-reforms. This presentation discusses the Supreme Court cases of Citizens United, Morrison and Stoneridge and possible legislative roll-backs.
1 The FCPA and why it Matters October 04, 2010 .docxhoney725342
1
The FCPA and why it Matters
October 04, 2010
Michael Osajda
The History, the Details and the Significance of the FCPA
The year is 1977. The place is Washington, D.C. The forum is the United States Congress. The
94th Congress, which ended its term on January 3, 1977, and the 95th Congress both obtain
information revealing evidence of payments from U.S. businesses to foreign governmental
officials and political parties. The payments exceed $300 million and were made either to secure
favorable action by foreign governments, or to prompt government functionaries to discharge
their administrative or clerical duties. The companies accused of the payments represent a wide
range of industrial sectors; drugs and health care, oil and gas production and services, food
products, aerospace, airlines and air services, and chemicals.1
These embarrassing revelations were discussed by the Congress on a number of levels, most
notably their impact on international relations, their reflection on the state of U.S. business
ethics, and their effect on competition.
On the level of international relations, while détente with the Soviet Union had commenced, the
Cold War was still a fact of life. There was an active struggle for worldwide influence between
the Soviet Union and the United States. In that context, Congress stated that corporate bribery
had foreign policy implications. These scandals lent ―credence to the suspicions sown by foreign
opponents of the United States that American enterprises exert a corrupting influence on the
political processes of their nations.‖2
There were also ethical and business levels to the issue. Congress flatly stated the obvious: ―The
payment of bribes to influence the acts or decisions of foreign officials, foreign political parties
or candidates for foreign political office is unethical. It is counter to the moral expectations and
values of the American public.‖3 These sentiments resonated in Washington in 1977. While
President Jimmy Carter’s credentials as an economic leader or as the Commander-in-Chief of the
Armed Forces may have been questioned by his critics, his role as a proponent of moral and
ethical behavior was an important part of his presidency. President Gerald Ford signed the
Helsinki Accords on human rights, but Jimmy Carter elevated the principles contained in the
Accords in importance during his term.4
Finally, on the pure business level, Congress concluded that the corrupt activity that had been
presented was bad business. It skewed the economic transaction. Rather than quality, service,
salesmanship, price, or other factors being rewarded, corruption was paramount. Exposure of
such activity could also have negative consequences for the company involved. It could ―damage
a company’s image, lead to costly lawsuits, cause the cancellation of contracts, and result in the
appropriation of valuable assets overseas.‖5
2
With this ...
Luis presented to Brazilian law firm Peixoto e Cury Advogados on April 12, 2012, in Sao Paulo, Brazil. Luis discussed the background of the Foreign Corrupt Practices Act, along with the rules, regulations and sanctions.
In house Counsel Alert: Foreign and Domestic Corruption PresentationThis account is closed
In this audio presentation, Glen Jennings and Michael Misener (standing in for Kristine Robidoux) from Gowlings discuss Foreign and Domestic Corruption including, an overview of corruption globally; an outline of the Canadian legislative framework; and a discussion of some key case studies. They provide in-depth analysis of the Griffiths Energy Case and highlight what in-house counsel can learn from it.
The Federal Corrupt Practices Act (“FCPA”) prohibits a U.S. company or person from bribing foreign government officials to obtain a business advantage. Along with this seemingly simple restriction comes accounting and record keeping requirements with which companies must comply. The FCPA requires the implementation of a compliance program which addresses FCPA concerns and establishes an FCPA corporate policy. This webinar covers the basics of the FCPA, including an introduction to the regulators, both the SEC and DOJ, and recent communications to the public regarding the FCPA from these regulatory bodies. The standards for a compliance program review is analyzed, including what makes a program current and effective as well as how often the program requires review. The role of a compliance coordinator is discussed, as is record keeping, training, and retaliation. Finally, meals and entertainment, gifts, travel, charitable contributions, and hiring are all discussed with reference to recent government actions and legal decisions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/foreign-corrupt-practices-act-compliance-2021/
In this age of global business operations and opportunities, it is a business imperative to have an effective FCPA Compliance Program. In this webinar co-hosted with Paul Murdock of MCG Consulting we explore and discuss Foreign Corrupt Practices Act compliance and actions to achieve a FCPA Compliance Program.
For a full video of the recording visit: https://mco.mycomplianceoffice.com/mco-webinar/foreign-corrupt-practices-act-fcpa-compliance-webinar
Best Practices to Achieve an Effective FCPA Compliance ProgramMyComplianceOffice
In this age of global business, it is imperative to have an effective FCPA compliance program. In this webinar co-hosted with Paul Murdock of MCG Consulting we touched on:
-The Foreign Corrupt Practices Act compliance
-How to build an effective FCPA Compliance program
-Learn how to prepare your program to 'protect' your company
To watch video recordings of this webinar visit; https://mco.mycomplianceoffice.com/mco-webinar/best-practices-to-achieve-an-effective-fcpa-compliance-program
The Federal Corrupt Practices Act (“FCPA”) prohibits a U.S. company or person from bribing foreign government officials to obtain a business advantage. Along with this seemingly simple restriction comes accounting and record keeping requirements with which companies must comply. The FCPA requires the implementation of a compliance program which addresses FCPA concerns and establishes an FCPA corporate policy. This webinar covers the basics of the FCPA, including an introduction to the regulators, both the SEC and DOJ, and recent communications to the public regarding the FCPA from these regulatory bodies. The standards for a compliance program review is analyzed, including what makes a program current and effective as well as how often the program requires review. The role of a compliance coordinator is discussed, as is record keeping, training, and retaliation. Finally, meals and entertainment, gifts, travel, charitable contributions, and hiring are all discussed with reference to recent government actions and legal decisions.
Part of the webinar series: Corporate & Regulatory Compliance Boot Camp 2022 - Part 1
See more at https://www.financialpoise.com/webinars/
Kegler Brown global business attorneys Luis Alcalde and David Wilson presented " Exporting from the United States: Key Legal Considerations" at the 2014 Ohio Export Internship Program.
They discussed international trade in a legal context, international trading or transfers, due diligence, FCPA and why compliance is important.
Foreign Workers, International Tax and Oil & Gas Market UpdateNow Dentons
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- New Developments in Permanent Residence Applications for Workers
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- Overview of Guidelines
- Special Issues (address book information, online behavioral tracking and analytics, geolocation data, children, and ongoing emerging issues)
- Transparency and Accountability in Design (consent, representations and disclaimers and applying Canada’s Anti-Spam Legislation)
- The three dimensions of M-Commerce
In this presentation, FMC’s Bernard Roth outlines the current trends in energy regulatory law. The presentation includes the following topics:
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- Alberta Non-Utility Oil and Gas Facilities
- AER Structure
- Responsible Energy Development
- Federal Budget Legislative Changes
- Federal Fisheries Act
- Navigable Waters Protection Act
- Canadian Environmental Assessment Act
- Trends in Utilities Regulation
- Performance Based Regulation for Alberta Utilities
In this presentation, FMC’s Bill Gilliland and Dan Shea discuss deal points relating to survey of deals and deal terms, including:
• Survey
• Material Adverse Change
• Non-solicitation and Superior Proposals
• Regulatory Approval Language
• Break Fees
• Expense Reimbursement
• Go-Shop Provisions
In this presentation, FMC’s Doris Bonora and Mark Woltersdorf outline the important considerations when planning before death, including:
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- Personal Directive
- Farm Tax Planning
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- Wills
Risk Apportionment in the Purchase and Sale TransactionNow Dentons
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- Indemnity Clauses and Limitations
- Purchase Price Adjustments and Holdbacks/Escrow
- Maximize the Value Proposition
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Letters of Intent - Tips and Traps for Commercial LawyersNow Dentons
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Protect you Rights and Avoid Liability! Current Developments and Major Implic...Now Dentons
In this presentation, FMC's Margot Patterson discusses current developments and major implications for IP legal guidelines in advertising, including:
1. Changing Copyright Rules: User Generated Content
2. How Social Media is changing your marketing practices and how you protect your brand
3. Yours, Mine and Ours: Best practices for third-party content (partners & consumers)
In this presentation, FMC's Alan Hutchison discusses Preliminary Economic Assessments (PEAs) by going over the recent focus on PEAs, providing important considerations, and going through 4 different scenarios related to PEAs.
An Introduction to Legal Aspects of Customer Acquisitions for StartupsNow Dentons
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Gal Smolar is a partner in FMC’s Vancouver office. Gal is a Practitioner of Foreign Law and brings to Fraser Milner Casgrain his broad international experience in commercial and corporate law and in particular in the field of technology.
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In this presentation, FMC Law's Alex MacWilliam discusses hydraulic fracturing. The presentation covers the hydraulic fracturing process; the legislative and regulatory management of key issues related to hydraulic fracturing; liability issues in fracturing litigation; finally, lessons and trends related to hydraulic fracturing.
In this presentation, V. Peter Harder describes why Canada engages with China, while Rob McDonald and Margot Patterson outline the changes to copyright laws in Canada.
In this presentation, Rob McDonald and Stephen Parker discuss the following topics related to intellectual property:
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
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External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Implicitly or explicitly all competing businesses employ a strategy to select a mix
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price and product quality), as well as assessing competitive and market conditions
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3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
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What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
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Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
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LA HUG - Video Testimonials with Chynna Morgan - June 2024Lital Barkan
Have you ever heard that user-generated content or video testimonials can take your brand to the next level? We will explore how you can effectively use video testimonials to leverage and boost your sales, content strategy, and increase your CRM data.🤯
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2. Introduction and Background
• 1976: Lockheed Martin bribes Japanese Prime Minister to
influence the purchase of jets.
• SEC investigations.
• United States’ Foreign Corrupt Practices Act enacted in 1977.
• Congress enacted the FCPA to halt the bribery of foreign
officials and restore public confidence in the integrity of the
American business system.
2
4. • Resource companies have increasingly focused on exploration
and mining in developing nations.
• Corruption and bribery are most severe in developing nations
where economic and democratic advancement are hampered
through decreased competition politically and economically.
• As an increasing number of exploration and mining companies
operate in developing nations, it will become important for
such companies to understand and comply with applicable
anti‐bribery laws.
4
6. Corruption of Foreign Public Officials Act
(Canada)
3. (1) Every person commits an offence 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.
6
7. Corruption of Foreign Public Officials Act
(Canada)
• “Every person” who is capable of committing the offence under subsection
3(1) includes individuals, public bodies, corporations, firms, partnerships,
trade unions, municipalities or other associations of persons.
• A “foreign public official” is defined as:
(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.
7
8. Corruption of Foreign Public Officials Act
(Canada)
• To constitute an offence, a person must have offered a benefit to foreign
public official “in order to obtain or retain an advantage in the course of
business”.
• The CFPOA defines “business” as “any business, profession, trade, calling,
manufacture or undertaking of any kind carried on in Canada or elsewhere
for profit”.
• Therefore, “in the course of business” applies not only to conduct
internationally, but also to the bribing of foreign public officials within
Canada (for example, bribing a foreign public official in Canada to obtain a
business contract to build a new wing on an embassy in Canada). In fact,
that is what happened in the only conviction under the Act to date.
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9. Corruption of Foreign Public Officials Act
(Canada)
• In order to be convicted of a bribery offence, the prosecution must prove
that the act was committed by a person “intentionally or recklessly, with
knowledge of the facts constituting the offence or with wilful blindness to
them.”
• Debate exists as to the extent the CFPOA applies to crimes that have taken
place outside of Canadian borders.
• The CFPOA does not specifically apply to Canadian nationals operating
abroad.
• It is generally considered that the CFPOA will apply to the bribery of foreign
public officials where there “is a real and substantial link between the
offence and Canada”.
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11. Corruption of Foreign Public Officials Act
(Canada)
• Penalties
– Section 3(2) of the CFPOA: a person found guilty of contravening
subsection 3(1) of the CFPOA is guilty of an indictable offence and
liable for imprisonment for a term not exceeding five years. The
penalty may also include a fine.
– R. v. Watts: $25,000 fine (to a corporation).
– Other negative consequences can include a drop in the company’s
share price, negative press, regulatory investigations, shareholder
litigation, distraction of management to deal with the fallout to the
exclusion of dealing with other business matters, and damage to the
reputation of the people involved.
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12. Corruption of Foreign Public Officials Act
(Canada)
• Statement Mr. Justice Sirrs in R. v. Watts:
Mr. Sullivan, you have indicated in your statement that your employees
have asked themselves, What is the use of being honest, being proper, in
your business activities? All I can say to you is, as a citizen, you have to
appreciate there are many more important things than profit. Maybe there
is no financial value, but I think our society still places a large value on the
loss of one’s soul, loss of one’s integrity, a loss of one’s good reputation, all
for the sake of more profit.
I do not think your employees want to be seen as slippery, slimy snakes that
slither on their bellies in order to win business advantage. That is, in my
opinion, most people will conduct themselves in their business affairs in a
high ethical standard because they want to be thought well of. And in
many ways, that is the more important deterrent when people conduct
their business practices.
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14. Foreign Corrupt Practices Act
(United States)
• Like the CFPOA, the FCPA contains provisions prohibiting the payment of
bribes to foreign public officials and includes exemptions for facilitation
payments and reasonable marketing expenses.
• Since 1977, the anti‐bribery provisions of the FCPA have applied to all U.S.
persons and certain foreign issuers of securities.
• Amendments to the FCPA in 1998 have expanded the anti‐bribery
provisions to apply to foreign firms who cause an act in furtherance of such
a corrupt payment to take place within the territory of the United States.
• The FCPA also requires companies whose securities are listed in the United
States to meet its accounting provisions.
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15. Foreign Corrupt Practices Act
(United States)
• The FCPA includes both criminal and civil penalties.
• Criminal penalties include fines for corporations or other business entitles
of up to $2,000,000 and officers, directors, stockholders, employees and
agents are subject to a fine of up to $100,000 and imprisonment for up to
five years.
• The fines imposed on individuals may not be paid by their employer or
principal.
• The Attorney General or the SEC may bring civil actions, penalties which
include a fine of up to $10,000 against any firm as well as any officer,
director, employee or agent of the firm, or stockholder acting on behalf of
the firm, for violations of the anti‐bribery provisions.
• A person or firm found in violation of the FCPA may be barred from doing
business with the U.S. government.
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16. Foreign Corrupt Practices Act
(United States)
• From 1998 to September 16, 2010, 50 individuals and
28 companies were criminally convicted in the United States of
foreign bribery, while 69 individuals and companies have been
held civilly liable for foreign bribery.
• 26 companies have been sanctioned (without being convicted)
for foreign bribery under non‐prosecution agreements and
deferred prosecution agreements.
• Sanctions have also been imposed for accounting misconduct
and money laundering relating to foreign bribery.
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17. Foreign Corrupt Practices Act
(United States)
• From 1998 to 2003, the maximum monetary sanctions levelled
against a company in a FCPA case were US$2.5 million.
• Since then, 23 companies have received monetary sanctions in
excess of US$10 million.
• In one case, monetary sanctions totalling US$800 million were
ordered against a single company.
• In 2010, an 87‐month sentence was imposed against an
individual in an FCPA case.
• Since 2004, over US$1 billon in foreign bribery proceeds have
been disgorged to the government.
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18. Bribery Act (United Kingdom)
• The Bribery Act 2010 of the United Kingdom ‐ came into force on July 1,
2011.
• General bribery offences: (1) bribing another person, (2) requesting,
agreeing to accept or accepting a bribe, (3) bribing a foreign public official,
and (4) failure of commercial organisations to prevent bribery.
• The provisions relating to bribing a foreign public official are substantially
similar to the offence set forth in the CFPOA, except that the Bribery Act
does not contain any exceptions for facilitation payments or reasonable
promotional expenses.
• Maximum punishment under the Act for the offence of bribing a foreign
public official is 10 years imprisonment, a fine, or both.
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19. Bribery Act (United Kingdom)
• Not limited to people bribing foreign officials but includes anyone who may
offer, promise or give a financial or other advantage to another person to
induce such other person to perform improperly a “relevant function”, or
to reward such other person for the improper performance of such a
function.
• A “relevant function” is a function of a public nature, an activity connected
to a business, an activity performed in the course of a person’s
employment, or an activity performed by or on behalf of a body of persons,
where the person performing the relevant function is expected to perform
it in good faith or impartially, or where the person performing the relevant
function is in a position of trust by virtue of performing the function.
• In the case of a person who receives a bribe, it does not matter whether
the person knows or believes that the performance of the function is
improper.
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20. Bribery Act (United Kingdom)
• Applies to UK citizens, residents and companies established
under UK law.
• Non‐UK companies can be held liable for a failure to prevent
bribery if they do business in the UK.
• A person or company can be prosecuted for bribery if the
crimes are committed abroad.
• Companies can be liable for bribery committed for their
benefit by their employees or other associated persons.
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21. Bribery Act (United Kingdom)
• A company or corporate entity (including a company that
carries on business, or part of its business, in the United
Kingdom, regardless of where such company is incorporated)
is culpable for bribes given anywhere in the world to a third
party with the intention of obtaining or retaining business for
the organisation or obtaining or retaining an advantage useful
to the conduct of the business by their employees and
associated persons, even if the company had no knowledge of
those actions. However, the Act contains a defence to such
charge if the company had in place adequate procedures
designed to prevent persons associated with the company
from undertaking such conduct.
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24. • Policies and procedures may include the following:
– written policies against bribery;
– clear guidelines for employees on how to handle gifts and expenses;
– decide whether your company allows facilitation payments or not;
– contractually bind contractors to apply the same business principles
used by your organization;
– clearly define the process to recruit, retain and manage agents; and
– have any political contributions approved at a senior level within the
company.
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25. • Establish a compliance program, which may include:
– educating relevant employees about bribery and the company’s
policies and procedures for avoiding it, and having employees certify in
writing that they have been advised of the organization’s policies
regarding corruption and that they will abide by those policies;
– requiring due diligence (and promulgating due diligence checklists)
before entering into a relationship with a foreign representative or a
foreign business partner, such as a potential joint venture partner;
– promoting accurate financial record‐keeping and making sure
facilitation payments, gifts and expenses, when they are permitted,
are properly recorded;
– providing a mechanism for employees to report violations;
– monitoring high risk activity; and
– periodically monitoring the effectiveness of the compliance program
and making changes when necessary.
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