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Transparency International Canada Presents: Seminar: The Role of Debarment in Combating Corruption
Thursday, September 22, 2016
BC Hydro, 333 Dunsmuir, Vancouver, BC
Bribery of government officials is a criminal offence in virtually every jurisdiction. Domestic bribery is Criminal Code offence in Canada while foreign bribery is prohibited by the Corruption of Foreign Public Officials Act. Bribery can also have civil and administrative consequences.
One of the key tools for combating bribery – and other offences that undermine the integrity of government institutions – is to restrict eligibility for public procurement. The Government of Canada is one of the largest purchasers of goods and services in Canada. As part of the effort to preserve the integrity of the procurement process, Canada has implemented debarment rules (the “Integrity Regime”) to disqualify suppliers who have been charged or convicted of a range of offences, including bribery, fraud and bid-rigging. The procedures include provisions for third-party review of foreign offences and corporate compliance regimes, as well as administrative agreements to re-qualify suppliers who have introduced adequate compliance policies and procedures.
Canada’s rules are unique among international debarment regimes and have provoked controversy regarding the proper balance between punishment and remediation. The session will provide a detailed summary and analysis of the Canadian debarment procedures, their interplay with Canadian and foreign anti-corruption law and a comparative critique with reference to the debarment procedures of the United States and other jurisdiction, including the World Bank’s debarment process.
The three-hour session will begin with a keynote presentation followed by a panel discussion of experienced Canadian and US speakers.
Milos Barutciski, a partner at Bennett Jones LLP, will lead off with a detailed overview of Canada’s Integrity Regime and provide a critique based on his extensive experience in anti-corruption investigations and compliance as well as his experience representing Canadian and international companies in the debarment process under the Integrity Regime. Mr. Barutciski will also provide an overview of the critiques of the Integrity Regime advanced by both business and NGO’s including Transparency International Canada.
The lead-off presentation will be followed by a panel discussion that will included the following speakers and perspectives:
Mike Savage, Partner and National Leader for Fraud and Dispute Servies at Ernst & Young Canada. Mike has more than 20 years of experience in international corruption investigations. Mike will discuss the practical challenges of implementing the Integrity Regime’s third party review and remediation measures.
Sean Hecker, Partner, Debevoise & Plimpton LLP, New York. Sean is a trial lawyer with deep experience in anti-corruption investigations and debarment regimes in the United States and before the World Bank. He will provide a comparative analysis of the Canadian Integrity Regime by reference to the US and World Bank processes.
David Naus, Manager, Integrity and Forensic Accounting Management Group, Public Works and Government Services Canada. David is a senior manager responsible for Canada’s Integrity Regime and will provide a government perspective on the implementation of the regime.
To register please email John Ritchie at email@example.com. Suggested readings will be circulated to those that register.
It will be important to know the names of participants well in advance of the meeting, to allow us to email reading materials to registered participants, to plan for meeting space and coffee, and to inform BC Hydro Security of the names of participants, thereby facilitating the process of clearing Security. Attendees are also asked to arrive 15 minutes early to clear security.
Please indicate by email to John Ritchie as soon as possible if you will attend.