Responsible Business Solutions

We help Canadian Executives Design and Deliver Responsible Business Solutions. 

Risk Based

Iron Tight

Diligence

Compliance

Anti-Bribery and Corruption (ABAC) Expertise — In Depth

ABAC Expertise for Responsible Business Leaders

At Castleview, Our Anti-Bribery & Corruption Expertise includes:

  • Design of Risk-Based Compliance Programs and Systems;
  • Privilege-Protected Internal Audits and Investigations;
  • ABAC Risk Assessments;
  • ABAC Training for Marketing and Sales Teams

At Castleview, Anti-Bribery & Corruption is a Core Business Line.

Canadian Law

The Corruption of Foreign Public Officials Act (CFPOA) is the centre-piece of Canada's anti-bribery & corruption regime.

Although enforcement has not always been consistent, Canadian law is clear: our courts have jurisdiction over the bribery of foreign officials.

Regardless of whether a bribe is transacted inside Canada or abroad, Canadian courts can and have issued severe fines with a clear emphasis being placed on deterrence. 

Even where there were only preliminary discussions and those preliminary discussions were carried out by a consultant at arms-length to the corporation, Canadian courts have found criminal liability under the CFPOA. 

Bribery of foreign officials is not only morally wrong, it is illegal. That is the law.    


 Corruption of Foreign Public Officials Act (CFPOA)

The Corruption of Foreign Public Officials Act (CFPOA) is the centre-piece of Canada's anti-bribery & corruption regime.

Canadian courts have now clearly affirmed that bribery of foreign officials, whether directly or indirectly, is illegal. 

Is it fair that your company could be held legally responsible for bribes paid by an agent or other third-party on the other side of the world? Are you prepared to take the risk? 

The Problem:

Bribery of foreign officials is clearly illegal. However, the Corruption of Foreign Public Officials Act (CFPOA) does not provide specific guidance on the design of compliance programs.


Considerable confusion persists in corporate Canada about the very real - material - risks associated with payments to foreign government officials.

The Solution:

We are passionate about helping Canadian executives design and implement solutions to the risks associated with global business. 


Ignorance of the law is not a defence. We are here to help.  


We have developed a suite of proprietary training materials.  These materials can responsible Canadian teams up to speed on ABAC risks, even in this 'new normal' environment. 

Niko Resources Ltd Probation Order

Niko Resources Ltd. is a Calgary-based oil and gas company with operations in, inter alia, Bangladesh. In 2011, Niko pleaded guilty to paying bribes to the erstwhile Bangladeshi State Minister for Energy and Mineral Resources in the former of various gifts.

As part of the Probation Order, Niko agreed to pay a fine of CDN $9.5 million. The fine was thought to be exceptionally high and reflected a clear decision by the court to focus on deterrence.

What is most important about the Niko case is that the company also submitted to a three-year probation period during which it was required to implement an anti-bribery and corruption compliance program. 

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