Freezing Assets of Corrupt Foreign Officials Act (S.C. 2011, c. 10)

Act current to 2017-12-11

Disclosure

Marginal note:Report
  •  (1) Every person in Canada and every Canadian outside Canada must, without delay, disclose to the Commissioner of the Royal Canadian Mounted Police

    • (a) the existence of property in their possession or control that they have reason to believe is the property of any politically exposed foreign person who is the subject of an order or regulation under section 4; and

    • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • Marginal note:Immunity

    (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

Offences

Marginal note:Offence and punishment
  •  (1) Every person who wilfully contravenes an order or regulation made under section 4

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Offence and punishment

    (2) Every person who wilfully contravenes section 8 or 9

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Proceedings
  •  (1) Any proceedings in respect of an offence under this Act may be tried and determined by the court having jurisdiction at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of commencement of the proceedings.

  • Marginal note:Proceedings if Canadians outside Canada

    (2) If a Canadian is alleged to have committed, outside Canada, an offence under this Act, any proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance

    (3) For greater certainty, the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and the exception to those requirements apply to proceedings commenced under subsection (2) in any territorial division.

Marginal note:Consent of Attorney General required

 Proceedings with respect to an offence under this Act may be commenced only with the consent of the Attorney General of Canada.

Rights of Persons Who Are Subject to an Order or Regulation

Marginal note:Application
  •  (1) A person who is the subject of an order or regulation made under section 4 may apply in writing to the Minister to cease being the subject of the order or regulation on the grounds that the person is not a politically exposed foreign person.

  • Marginal note:Recommendation

    (2) If the Minister has reasonable grounds to believe that the applicant is not a politically exposed foreign person, the Minister must recommend to the Governor in Council that the order or regulation be amended or repealed, as the case may be, so that the applicant is no longer the subject of the order or regulation.

  • Marginal note:Notice if application rejected

    (3) The Minister must give notice without delay to the applicant of any decision to reject the application.

Application for a Certificate

Marginal note:Mistaken identity
  •  (1) A person claiming not to be a politically exposed foreign person may apply to the Minister in writing for a certificate stating that they are not a politically exposed foreign person who is the subject of an order or regulation made under section 4.

  • Marginal note:Certificate — ​time frame

    (2) If the Minister determines that the person is not a politically exposed foreign person, the Minister must issue a certificate to the applicant as soon as feasible.

Marginal note:Reasonable expenses
  •  (1) A person who is the subject of an order or regulation made under section 4 may apply to the Minister in writing for a certificate to exempt property from the application of the order or regulation if the property is necessary to meet the reasonable expenses of the person and their dependants.

  • Marginal note:Certificate — time frame

    (2) If the Minister determines that the property is necessary to meet the reasonable expenses of the applicant and their dependants, the Minister must issue a certificate to the applicant as soon as feasible.

General

Marginal note:No civil liability

 A person who, in relation to any property that is the subject of an order or regulation made under section 4, acts reasonably in taking, or omitting to take, measures to comply with the order or regulation is not liable in any civil action arising from having taken or omitted to take the measures if they took all reasonable steps to satisfy themselves that the property was property that is the subject of the order or regulation.

Marginal note:Existing equities maintained

 All secured and unsecured rights and interests in any property that is the subject of an order or regulation made under section 4 that are held by a person, other than the politically exposed foreign person who is the subject of the order or regulation, are entitled to the same ranking that they would have been entitled to had the order or regulation not been made.

Marginal note:Proceedings not precluded

 The making of an order or regulation under section 4 does not preclude the commencement of proceedings under any Act of Parliament other than this Act, or any civil proceedings, in respect of any property that is subject of the order or regulation.

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations prescribing anything that by this Act is to be prescribed.

Review and Report

Marginal note:Review
  •  (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act and of the Special Economic Measures Act must be undertaken by such committee of the Senate and of the House of Commons as may be designated or established by the Senate and the House of Commons for that purpose.

  • Marginal note:Report

    (2) The committees referred to in subsection (1) must, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate or the House of Commons, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committees recommend.

 
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