INTERNATIONAL LAW SECTION
NOTICE OF MEETING
DATE: Tuesday, June 26, 2012
TIME: 12:00 Noon – 1:30 pm
LOCATION: The Law Society of Manitoba Classroom, 219 Kennedy Street, Winnipeg
TOPIC: Anti-Corruption Policy: Corruption of Foreign Public Officials Act
SPEAKERS:
George Derwin, Manitoba Hydro International Ltd.
L. Bryce Jatto, University of Manitoba – Faculty of Law
The Corruption of Foreign Public Officials Act (CFPOA), adopts into Canadian law the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Revised Recommendation on Combating Bribery in International Business Transactions, adopted by the Council of the Organisation for Economic Co-operation and Development (OECD) on 23 May 1997, C(97)123/FINAL, which requires signatory countries to provide effective measures to deter, prevent and combat the bribery of foreign public officials in connection with international business transactions. The Convention (4.2) requires Canada to establish “territorial jurisdiction” for the offence of the offence of bribing a foreign public official pursuant to the “nationality principle”, yet Canada has not yet established “nationality jurisdiction” as required by the Convention.
Draft legislation is under consideration by Parliament, which will strengthen Canada’s anti-corruption law and make it easier to enforce the CFPOA against Canadian organizations and individuals carrying on business outside Canada by claiming nationality jurisdiction. Canadian law enforcement jurisdiction for offences outside of Canada will be established by Canadian citizenship, residency or incorporation.
The draft legislation will include a “conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counseling in relation to, an offence…”.
Companies that do international business should consider the implementation of strong anti-corruption policies in order to give clear direction to staff in order to avoid attracting criminal liability.
Please RSVP to the Manitoba Bar Association online. You can also call the RSVP Line @ 927-1211 or email (
sections@cba-mb.ca) by 12:00 Noon on Monday, June 25, 2012. Please confirm if you would like lunch (sandwiches) and advise of any dietary restrictions. Lunch is available upon advanced request at a cost of $7.00.
Attendance at this MBA Section meeting can be applied towards your Law Society of Manitoba's Continuing Professional Development requirement.
The MBA is committed to making Section meetings widely available. If you live outside of the City of Winnipeg and want to attend a Section meeting by teleconference, please contact Melissa (204) 927-1215 or email
sections@cba-mb.ca before 12:00 pm on Thursday, June 21, 2012.
