Advise on a failure-to-prevent foreign bribery risk
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the payment, gift, agency or intermediary papers, list the corporation, the associate, the benefit, the person said to be a foreign public official, and the business or personal advantage sought. Note whether the corporation has a written prevention procedure and what it covers. The tool does not write the advice and does not say that a procedure is adequate.
- What the lawyer must review
- The lawyer decides whether the corporation is in the class for section 70.5A, whether the associate's conduct would be an offence under section 70.2, and whether the adequate-procedures defence could be made out. The lawyer writes the advice.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the payment, gift, agency or intermediary papers, list the corporation, the associate, the benefit, the person said to be a foreign public official, and the business or personal advantage sought. Note whether the corporation has a written prevention procedure and what it covers. The tool does not write the advice and does not say that a procedure is adequate. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Use the associate definition in section 70.1: officer, employee, agent, contractor, subsidiary, controlled entity, or a person who otherwise performs services for or on behalf of the corporation.
- The department's page says a corporation may be convicted of the failure-to-prevent offence even if the associate has not been convicted under section 70.2.
- The adequate-procedures defence is in subsection 70.5A(5). The corporation bears the legal burden, on the balance of probabilities. The page says what is adequate is decided case by case and is expected to scale with the corporation, the sector and the places it operates.
- Do not treat a facilitation payment under section 70.4, or conduct lawful under a written foreign law under section 70.3, as an answer to section 70.5A unless the lawyer has applied the defence that belongs to that offence.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.