Corruption of Foreign Public Officials Act

Marginal note:Bribing a foreign public official

• 3 (1) Every person commits an offence who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official

  • (a) as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or

  • (b) to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions.

• Marginal note:Punishment

  (2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

• Marginal note:Saving provision

  (3) No person is guilty of an offence under subsection (1) if the loan, reward, advantage or benefit

  • (a) is permitted or required under the laws of the foreign state or public international organization for which the foreign public official performs duties or functions; or

  • (b) was made to pay the reasonable expenses incurred in good faith by or on behalf of the foreign public official that are directly related to

    • (i) the promotion, demonstration or explanation of the person’s products and services, or

    • (ii) the execution or performance of a contract between the person and the foreign state for which the official performs duties or functions.

• (4) and (5) [Repealed, 2013, c. 26, s. 3]