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Canada Cleans Up

By Sean Hecker, Andrew M. Levine, Jilan J. Kamal and Jia Wang

For the last six years, Canada has ranked among the 10 least corrupt nations, according to Transparency International's Corruption Perceptions Index. So it came as a surprise to many when, in a March 2011 report, the Organization of Economic Development's Working Group on Bribery censured Canada for lackluster enforcement of its foreign anti-corruption law, the Corruption of Foreign Public Officials Act R.S.C. 1998, c. 34 (Can.) at SEC. 3(1) (hereinafter CFPOA). The report also cited four major weaknesses in the law itself. OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD Anti-Bribery Convention in Canada at 5 (2011), http://tinyurl.com/lw9vtv7%20(hereinafter Canada Phase 3 Report).

Just two months later, Transparency International ranked Canada's anti-bribery enforcement in the bottom tier of all countries surveyed ' the worst of the G7 nations. See Transparency International, Progress Report 2011: Enforcement of the OECD Anti-Bribery Convention at 6-7 (2011). Since then, the Canadian government has proposed amendments to the CFPOA to extend its reach and stiffen its penalties, handed down the largest monetary penalty to date in the history of Canadian anti-corruption enforcement, and increased the number of such investigations. Particularly given Canada's role as the United States' largest overall trading partner, and the potential for cross-border law enforcement cooperation, this new era of heightened Canadian anti-corruption enforcement is worth review.

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