In Canada, remedial agreements (“RA”) – often referred to as DPAs – were introduced under the omnibus Budget Implementation Act, 2018, No. 1; the act passed the House of Commons and the Senate in June 2018 and received royal approval shortly thereafter.  Although Canada has not yet entered an RA, there has been a high-level reflection on its use for SNC-Lavalin and prime minister Justin Trudeau`s alleged pressure on Justice Minister and Attorney General Jody Wilson-Raybould to offer an RA to SNC-Lavalin instead of pursuing the Quebec-based construction giant.  At the end of 2019, SNC-Lavalin pleaded guilty to fraud in connection with actions in Libya and did not receive a PR.  On 26 June 2019, the French National Financial Prosecutor (PRF) and the French Anti-Corruption Authority (“AFA”) issued guidelines (the “PRF-AFA guidelines”) on the comparison mechanism for companies in France, known as the Judicial Public Interest Agreement “CJIP”). The French law on transparency, the fight against corruption and the modernization of economic life (“Sapin II””) created the CJIP procedure which gives prosecutors the power to allow a company suspected of committing a concealed crime to close the case without formal prosecution.  Prosecutors may offer a CJIP to a company suspected of having committed acts of corruption, corruption, tax evasion or money laundering stemming from tax evasion.  The implementation of Sapin II and the first CJIPs completed under the Act were discussed in our 2016 and 2017 and 2018 year-end updates. The graph below summarizes the agreements that the DOJ has concluded until 2020 until today. To date, the SEC has not completed an NPA or data protection authorities in 2020. The full text of each publicly available agreement is linked to the diagram. The agreement allows for the suspension of proceedings for a specified period of time, provided that the organization meets certain conditions.
The context also pointed out that only certain types of organizations could be eligible for a deferred policing agreement. Governments, unions and municipalities would not be eligible. Similarly, crimes would not be committed by criminal or terrorist organizations or on the instruction of criminal organizations. In addition, only certain types of economic crime could be considered for future prosecutions, such as fraud or corruption. Offences resulting in death or serious injury or harm to national defence or national security would not be eligible.    Offences that may enforce a deferred prosecution agreement are expressly listed in a calendar of the penal code.     The Guide recognizes that the Criminal Procedures and Investigations Act 1996 is not applicable to PA negotiations. Instead, the SFO is required to disclose to the company, in accordance with the DPA code, sufficient information to enable it to play an informed role in the negotiations. The manual states: “The purpose of this disclosure is to ensure that negotiations are fair and that the company is not misled about the strength of the criminal proceedings.” However, it is not expected that the SFO will divide unavailable documents, but information that may not be accessible to the company, for example. B information from a foreign authority. The agreement is not the first agreement reached by Camargo and the Brazilian authorities under Operation Car Wash. In January 2017, Camargo sought opposition agreements for 40 of its executives, and in August 2015, it agreed to pay 700 million reais (about $173 million) to Brazilian state-owned enterprises in damages related to corruption and the price agreement.
 Perhaps because of the Arthur Andersen case – and the many innocent employees who found themselves in need as a result of these lawsuits – the resolution of a case by a DATA AGENCY has become more frequent in recent years.