Matthew J. Feeley, Shareholder in Buchanan Ingersoll & Rooney’s Litigation Section, was recently quoted in the Policy and Regulatory Report about an upcoming plan in Canada to amend its Corruption of Foreign Public Officials Act to ban facilitation payments. Such a ban could affect companies that have a presence in both the United States and Canada, because the anti-corruption standards will be different in each country.
Feeley explained that such a company should draft a compliance program that does not permit facilitation payments. He also pointed to recent FCPA guidance, which distinguishes between “extortion payments” and payments made to gain an economic advantage, as a way that the definition of facilitation payments has become even narrower. He further explained that any action done under duress with no corrupt intent will not be a violation of the FCPA.
Read the full article – “Canadian plans to ban facilitation payments could up FCPA risk for US firms,” (Policy and Regulatory Report – March 12, 2013).