Canadian Anti-Corruption Law and Compliance, 3rd Edition
As Canadian businesses continue to expand their corporate presence overseas, governmental statutes and regulations have established more anti-corruption rules against the bribery of foreign public officials by Canadian companies and their directors and officers. This book focuses on relevant sections of the Corruption of Foreign Public Officials Act (CFPOA) and the Criminal Code, and how to ensure compliance.
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Détails des produits
Canadian businesses, organizations and governments are not immune from the pressures of domestic and international bribery and corruption of public officials. As Canadian businesses continue to expand their corporate presence overseas, governmental statutes and regulations have established more anti-corruption rules against the bribery of foreign public officials by Canadian companies and their directors and officers. Until Canadian Anti-Corruption Law and Compliance, there was no book focused exclusively on anti-corruption laws in Canada. This unique book has been edited and expanded to deal with domestic corruption of public officials, given the rise in media, social, and legal awareness of increased domestic bribery and corruption activity in Canada.
This book will help corporate compliance officers, in-house counsel, procurement officials, lawyers, law enforcement officials, government policy makers, and in-house counsel understand the scope and gravity of these laws. Non-compliance may result in police investigations, prosecution, high legal costs, hefty fines and even imprisonment. Civil liability for related failure to ensure a sufficient compliance program to prevent bribery, corruption and fraud is also growing in Canada.
Written in an informative and readable manner, Canadian Anti-Corruption Law and Compliance, 3rd Edition focuses on relevant sections of the Corruption of Foreign Public Officials Act (CFPOA) and the Criminal Code and discusses how to ensure compliance.
Unique Features
- Analysis of leading corruption cases decided under the CFPOA and the Criminal Code
- Recommendations on best practices for companies to ensure they are running ethical and lawful operations around the world
- Ten critical, practical steps to establish an effective anti-bribery and anti-corruption compliance program
- A comparative look at anti-corruption laws in the U.S., U.K. China, Mexico, Japan, Germany, South Korea, Hong Kong, the Netherlands and France
What's New In This Edition
- Three brand new chapters covering:
- Complaints, whistleblowers and internal investigations
- Government investigations, resolution options and remediation agreements
- Non-criminal accountability and enforcement
- Updated discussion of case law and legislative developments since the previous edition published in 2017
Who Should Read This Book
- In-house counsel – Advise executives and officers on what is permissible and what isn't, when it comes to dealing with foreign business officials overseas
- Compliance officers and risk management professionals – Analyze, communicate and monitor the exposure of unexpected losses
- Lawyers in private practice – Stay on top of the latest laws on anti-bribery, and learn how to defend against prosecutions under the CFPOA
- Business Executives, Leaders, and Board of Directors – Responsible for corporate governance, ethics and social responsibility of corporate practices, both domestic and foreign
- Law schools and academics – Taught as part of courses on international law, business school ethics and corporate governance, risk management and compliance, in Canada and internationally
Table des matières
CHAPTER 1: INTRODUCTION
CHAPTER 2: DOMESTIC CORRUPTION OFFENCES UNDER THE CRIMINAL CODE
CHAPTER 3: FOREIGN CORRUPTION OFFENCES UNDER THE CFPOA
CHAPTER 4: PROSECUTION OF CORRUPTION OFFENCES
CHAPTER 5: DEFENCES TO CORRUPTION CHARGES
CHAPTER 6: PENALTIES, PUNISHMENT AND PROBATION
CHAPTER 7: IMPORTANT CORRUPTION CASES
CHAPTER 8: INTERNATIONAL ANTI-CORRUPTION LAWS AND ENFORCEMENT
CHAPTER 9: COMPLAINTS, WHISTLE-BLOWERS AND INTERNAL INVESTIGATIONS
CHAPTER 10: GOVERNMENT INVESTIGATIONS, RESOLUTION OPTIONS AND REMEDIATION AGREEMENTS
CHAPTER 11: NON-CRIMINAL ACCOUNTABILITY AND ENFORCEMENT
CHAPTER 12: COMPLIANCE PROGRAMS AND MANAGEMENT SYSTEMS TO PREVENT BRIBERY AND CORRUPTION
APPENDIX 1: CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN INTERNATIONAL BUSINESS TRANSACTIONS
APPENDIX 2: CORRUPTION OF FOREIGN PUBLIC OFFICIALS ACT
APPENDIX 3: FOREIGN CORRUPT PRACTICES ACT (U.S.A.)
APPENDIX 4: BRIBERY ACT (2010) (U.K.)
INDEX