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Record W780536405

Canadian Anti-Corruption Law and Compliance

2014· article· en· W780536405 on OpenAlexaboutno aff
Ian Osellame

Bibliographic record

VenueBusiness law international · 2014
Typearticle
Languageen
FieldEconomics, Econometrics and Finance
TopicLaw, Economics, and Judicial Systems
Canadian institutionsnot available
Fundersnot available
KeywordsForeign Corrupt Practices ActLegislationLanguage changePolitical scienceLawContext (archaeology)Political corruptionMoney launderingPublic administrationPoliticsEnforcement
DOInot available

Abstract

fetched live from OpenAlex

Canadian Anti-Corruption Law and Compliance Norm Keith Markham, Ontario: LexisNexis Canada Inc (2013); 213 pp; $90 (paperback); ISBN 9780433475156.In this timely book, the author reviews the anti-corruption framework that applies to Canadian businesses and individuals operating abroad in international business activities. Helpfully situated in the context of recent amendments to the Corruption of Foreign Public Officials Act (CFPOA) and the corporate crime sections of the Criminal Code, Keith positions the text as a guide for lawyers and compliance professionals concerned about the corruption risks that inevitably exist in international business. In particular, this material will be interesting to corporate legal advisers, as the maximum sentence for CFPOA convictions recently increased to 14 years (up from five) and the offence of corruption and bribery of foreign officials is seen as 'more serious than ever' (p 23).With reference to regional and international pressures, Keith provides an historical overview of the development of anti-corruption legislation in Canada. The CFPOA was introduced in 1999 and implements the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Several of Canada's key trading partners have adopted similar legislation, including most notably the United States (Foreign Corrupt Practices Act) and the United Kingdom (Bribery Act 2010).Against this backdrop, Keith critically reviews the policy behind the CFPOA and the June 2013 amendments under Bill S-14, the Fighting Foreign Corruption Act. He argues that there have been few CFPOA prosecutions because of an initial political climate that placed little emphasis on enforcement (p 12). The implication is that this was due in part at least to the traditional view of corruption as a fact of life and simple cost of doing business in foreign jurisdictions (pi). This is beginning to change, though, and Keith contends as his central thesis that Canada got 'tougher on foreign corruption' with Bill S-14, pointing to the increased prison time for individual offenders as an important policy statement in this direction (pp 14, 23). This, in turn, is connected to a more contemporary understanding of corruption as something other than a 'victimless crime' and the political necessity for Parliament to be seen to be counteracting this threat (pp 1-2, 15-17).The text provides a detailed and helpful review of the two CFPOA offences: the primary 'bribery' offence and the secondary 'books and records' offence. 'Bribery' is broadly defined to include giving (or offering) 'anything of value' (loans, rewards or advantages or benefits of any kind) to a foreign public official in order to obtain a business advantage. The 'books and records' offence refers to 'cooking the books' or otherwise manipulating corporate records to cover up bribes. Interestingly, Keith points out that the two offences are perceived as equally serious and carry the same punishment and criminal stigma. In this context, Canadian businesses are well advised to review their accounting and records retention policies as 'sloppy or incomplete bookkeeping' will not be tolerated and the ' [unintentional or unwitting breach of CFPOA may not be a defence to the books and records offence' (p 40). …

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.907
Threshold uncertainty score0.847

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.035
GPT teacher head0.221
Teacher spread0.185 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2014
Admission routes1
Has abstractyes

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