Canada Repeals Facilitation Payments Exception

/ Global Compliance Solutions Group LLC/

     On October 30, 2017 the Government of Canada announced the facilitation payments exception, contained within the Corruption of Foreign Public Officials Act (CFPOA), has now been removed.  Bill S-14 repealed the exception and went into force on October 31, 2017.

     The CFPOA defined facilitation payments as follows:

  • "For the purpose of subsection (1), a payment is not a loan, reward, advantage or benefit to obtain or retain an advantage in the course of business, if it is made to expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions, including:

    • the issuance of a permit, licence or other document to qualify a person to do business;

    • the processing of official documents, such as visas and work permits;

    • the provision of services normally offered to the public, such as mail pick-up and delivery, telecommunication services and power and water supply; and

    • the provision of services normally provided as required, such as police protection, loading and unloading of cargo, the protection of perishable products or commodities from deterioration or the scheduling of inspections related to contract performance or transit of goods."

     Contact GCSG professionals at info@globalcompliancesg.com with any questions or for more information on how we can assist you with your compliance program.  Visit our website at http://www.globalcompliancesg.com to learn more about our products and services.   

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