Barutciski Milos High Resolution Image

Milos Barutciski

Partner and Co-Head, International Trade and Investment Law

International Trade, Investment and Competition Lawyer at Bennett Jones Toronto

T: 416.777.6556
T: 403.298.3177

Publications

  • Getting the Deal Through: Anti-Corruption Regulation 2017
    April 2017

    Milos Barutciski authored a chapter devoted to Canadian anti-corruption laws in the international compendium Getting the Deal Through: Anti-Corruption Regulation 2017. Reproduced with permission from Law Business Research Ltd. Getting the Deal Through: Anti-Corruption Regulation 2017, (published in February 2017; contributing editor: Homer E Moyer Jr, Miller & Chevalier Chartered) For further information please visit https://gettingthedealthrough.com/area/2/anti-corruption-regulation-2017.
  • Getting the Deal Through: Anti-Corruption Regulation 2016
    October 2016

    International anti-corruption conventions - To which international anti-corruption conventions is your country a signatory?  Authored by Milos Barutciski and published by Getting the Deal Through.
  • Changes to Canada's Integrity Regime for Public Procurement Create Onerous New Reporting Requirement
    April 08, 2016

    On April 4, 2016, Public Works and Government Services Canada, the procurement arm of the Canadian federal government, announced amendments to rules, known as the Integrity Regime, governing the eligibility of suppliers to enter into contracts and real property agreements with the Government of Canada. The Integrity Regime is intended to foster ethical business practices and reduce the risk of Canada entering into contracts with suppliers convicted of an offence linked to unethical business conduct. This update provides an overview of the Integrity Regime and highlights the recent changes.
  • Directors' Duties in Canada, 6th ed.
    April 06, 2016

    Members of Bennett Jones were involved in the writing of various chapters of Directors' Duties in Canada, 6th ed., edited by Barry Reiter and published in Canada by CCH Canadian Limited, including Hugo Alves, Milos Barutciski, Melissa Birman, Stephen Burns, Carl Cunningham, Geoffrey Dyer, Len Griffiths, Bruce Hibbard, Mark Jewett, Martin Kratz, Jeff Leon, Brad Markel, Jesslyn Maurier, Murray Perelman, Raj Sahni, Susan Seller, Gary Solway, Bill Vass, and Claire Webster.
  • Implementation Day for the P5+1 Iran Nuclear Agreement: What it Means for Canadian and International Businesses
    January 16, 2016

    January 16, 2016, marked “Implementation Day” for the Joint Comprehensive Plan of Action (JCPOA), the historic nuclear non-proliferation and sanctions reduction agreement reached between the “P5+1” countries (the United States, the United Kingdom, China, Russia, France and Germany), the European Union (EU), and the Government of Iran on July 14, 2015. Canada was not party to the JCPOA agreement. View full article here: Implementation Day for the P5+1 Iran Nuclear Agreement: What it Means for Canadian and International Businesses.
  • Corruption at the Intersection of Business and Government: The OECD Convention, Supply-Side Corruption and Canada's Anti-Corruption Efforts to Date
    November 16, 2015

    Over the last twenty years, international and regional conventions have been concluded to combat the corruption of public officials. Part I of the paper explains the genesis of international anti-corruption law and its focus on the "supply-side" of bribery transactions, drawing on the negotiating history and the experience of practitioners involved in the development of international anti-corruption law. Parts II and III examine Canada's implementation of its international obligations and its enforcement record to date. Part IV of the paper concludes with an analysis of the challenges faced by Canadian businesses and the limitations of the focus on supply-side of bribery transactions. Osgoode Legal Studies Research Paper No. 60/2015. Available from the Social Science Research Network (SSSRN).
  • New Integrity Regime of Procurement Rules Still Tilts Toward Punishment
    July 13, 2015

    Every year, the federal government buys more than $16-billion worth of goods and services. As a manager of other people's – taxpayers' – money, the government has a clear incentive to protect the integrity of the procurement process and to avoid doing business with companies that have engaged in fraud, bid-rigging, bribery and other misconduct. Written by Milos Barutciski and Matthew Kronby and published in the Globe and Mail's Report on Business.
  • Canadian Government Overhauls the Integrity Regime for Suppliers
    July 06, 2015

    On July 3, the Government of Canada announced a new Integrity Regime to replace the previous rules for debarment (disqualification) from public procurement. The new Regime, which is effective immediately, responds to more than a year of steady criticism of the previous Integrity Framework first established in 2010 by Public Works and Government Services Canada (PWGSC), the principal procuring arm of the Canadian federal government. That criticism, from business, legal and anti-corruption organizations, argued that the Integrity Framework had become so inflexible, punitive and far-reaching that it would be counterproductive to its objectives, namely to deter criminal misconduct and protect the integrity of the public procurement process. Commentators argued that the actual effect of the old Integrity Framework was to make it difficult for the government to find "clean" suppliers and to discourage companies from acknowledging and remediating wrongdoing.
  • Managing Corruption Risk in the Resource Sector
    2014

    Managing corruption risk in resource exploration and development is a recurrent challenge for the corporate sector. The value of the assets involved, high development and infrastructure costs, multiple points of contact with government officials, a highly competitive and cross-cultural business environment, and other factors add up to a recipe for exposure to “official” shakedowns. This chapter will provide guidance on strategies to deflect and mitigate corruption risk, including proactive approaches that integrate corporate social responsibility (CSR) and stakeholder relations in the effort to manage corruption risk. Written by Milos Barutciski (Bennett Jones) and Luiz Fernando Visconti (TozziniFreire Advogados) and originally published by the Rocky Mountain Mineral Law Foundation in the Proceedings of the 60th Annual Rocky Mountain Mineral Law Institute.
  • Canada-China Pact: Can It Inspire Talks With India?
    November 2014

    The recent consummation of a Canada-China bilateral investment treaty (BIT), which came into force on 1 October, establishes important rights for Chinese and Canadian investors, and the tools to enforce those rights. Authored by Matthew Kronby, Milos Barutciski and Jesse Goldman and published by India Business Law Journal.
  • The Promise (and Limitations) of the New Canada-China Investment Treaty
    October 01, 2014

    The Canada-China bilateral investment treaty (BIT), which comes into force October 1, signals a deepening of the bilateral economic relationship. While somewhat less ambitious than recent BITs that Canada has concluded with other trading partners, the Canada-China BIT nevertheless establishes important rights for Chinese and Canadian investors, and the tools to enforce those rights.

    《中加双边投资协定》(BIT)于 10 月 1 日生效,标志着中加双边经济关系进一步深化。与加拿大最近和其他贸易伙伴签署的 BIT 相比,该协定所设立的目标并不高,但这确立了中国和加拿大投资者的重要权利,以及强制执行这些权利的工具。

  • Canada and the EU Complete Trade Treaty Negotiations
    August 12, 2014

    On August 5, 2014, Canada and the European Union (EU) announced that they have completed negotiation of the Comprehensive Economic and Trade Agreement (CETA). Canadian businesses interested in entering the EU market or expanding their presence there, and EU businesses interested in doing the same in Canada, should start to plan how best to take advantage of the substantial opportunities the CETA will create.
  • Prison Sentence in Air India Bribery Scheme Sends Deterrent Message to Canadian Executives
    May 25, 2014

    On May 23, Nazir Karigar, an agent of Cryptometrics Canada Inc. (Cryptometrics), was sentenced to three years in federal prison under Canada's foreign bribery statute. Mr. Karigar was convicted last August of conspiring to pay approximately $450,000 to India's Minister of Civil Aviation and officials of Air India, a state-owned enterprise, in an attempt to win a multi-million dollar contract for Cryptometrics to supply security systems to Air India. Mr. Karigar was convicted largely on the evidence of another Cryptometrics executive, who was granted immunity from prosecution in exchange for his cooperation. Karigar had unsuccessfully attempted to negotiate immunity for himself, and instead became the focus of the prosecution.
  • The Oil and Gas Law Review - Canada
    November 2013

    Canada is a federal state and a constitutional monarchy and parliamentary democracy composed of ten provinces and three territories. There are three primary areas of focus for oil and gas development in Canada:(1) conventional and unconventional project developments in Western Canada (i.e., Alberta, British Columbia and Saskatchewan); (2) projects in Northern Canada; and (3) offshore projects along Canada's east coast (primarily Nova Scotia, Newfoundland and Labrador). Each area has a different legislative landscape and may require a variety of regulatory approvals from federal and provincial authorities. Published by Law Business Research and reproduced with permission.
  • Finally, Membership Will Have its Privileges: Canadian Investors Abroad to Benefit as Canada Joins ICSID
    November 01, 2013

    Canada has announced, on November 1, 2013, that it has ratified the ICSID Convention and will at long last become a member of the principal international rule-making and administrative body for disputes between investors and their host states. This is welcome news for Canadian companies and individuals concerned about the protection of their investments abroad.
  • What the Canada-EU Trade Deal Means for Alberta
    October 24, 2013

    Alberta, which already counts the EU as its fourth largest export market, is one of the provinces that stand to gain substantially from last week's announcement of an agreement in principle on all of the key areas in the long-running negotiations to conclude a free-trade agreement between Canada and the EU. Published by Troy Media.
  • Canada-EU Trade Agreement: Breaking the Log-Jam
    October 18, 2013

    Canadian Prime Minister Stephen Harper and European Commission President José Manuel Barroso today announced a breakthrough in the long-running negotiations to conclude a Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. After well over four years of intense and often controversial negotiations that also engaged the 28 EU member states and Canada's provincial and territorial governments, the parties appear to have reached agreement in principle on all key areas. This is the largest, most complex and far-reaching trade agreement ever negotiated by Canada, exceeding even the NAFTA.
  • Trade & Customs 2014
    October 2013

    What is the main domestic legislation as regards trade remedies? The main domestic legislation for trade remedies is the Special Import Measures Act (SIMA), and the Special Import Measures Regulations (SIMR) (for anti-dumping and countervailing measures), the Customs Tariff and the Export and Import Permits Act (for safeguards), and the Canadian International Trade Tribunal Act. Authored by Milos Barutciski, Jesse Goldman, Matthew Kronby and Darrel Pearson and published by Getting the Deal Through.
  • Leading Not Into Temptation: Counsel's Role Increases In Step With Anti-corruption Efforts
    July 12, 2013

    Canada, long considered a laggard in international anti-corruption enforcement, has in recent years become one of the more active enforcement jurisdictions. The more than 35 active RCMP investigations underway, two corporate convictions with fines in the $10 million range (R. v. Niko Resources Ltd.; R. v. Griffiths Energy International Inc.), judgment pending in the trial of a business executive in relation to alleged bribery of an Indian minister (R. v. Karigar), two executives committed to trial following a preliminary inquiry in connection with allegations against SNC-Lavalin in the Padma Bridge matter in Bangladesh, and the ongoing investigation of SNC-Lavalin in connection with allegations of corruption in the Middle East and Asia all attest to a sea change in the potential exposure of companies and individuals in foreign corruption matters. Authored by Milos Barutciski and published in The Lawyers Weekly.
  • Tougher Canadian Foreign Corruption Law Raises the Stakes for Officers and Directors
    June 24, 2013

    Canada has significantly strengthened its Corruption of Foreign Public Officials Act (CFPOA) including by adding a new offence that will expand the grounds for criminal liability for corporations and their directors, officers and employees.
  • Why Canadian Business Needs to Step Up to the Plate on the Trade Deal with Japan
    April 16, 2013

    Canadian and Japanese trade officials will meet next week (April 22-26) for the second round of trade negotiations toward a free trade agreement (or as the parties prefer to call it, an “Economic Partnership Agreement” or “EPA”). The EPA negotiations are taking place at a critical juncture in Japan's recent history and Canadian business has a clear interest in helping to shape these negotiations. Published on the Canadian International Council's OpenCanada.org as part of the series, Canada's Asia Rebalancing Act.
  • The Trade in Services Agreement: Opportunities for Canadian Service Suppliers
    April 03, 2013

    On March 18, Canada announced publicly that it was joining 20 of its trading partners, including the United States, Mexico, the European Union, Switzerland, Japan, Korea, Hong Kong and Australia in negotiating a new international instrument to further liberalize trade in services. The instrument will be called the Trade in Services Agreement, or TISA.
  • Canada Moves to Strengthen Anti-Bribery Legislation
    February 05, 2013

    On February 5, 2013, the government of Canada announced important amendments to the Corruption of Foreign Public Officials Act (CFPOA). It is expected that the amendments, which are being introduced in the Senate, will be enacted by Parliament in a relatively short time with all-Party support.
  • Canadian Anti-Corruption Amendments
    February 05, 2013

    Following the announced amendments to Canada's Corruption of Foreign Public Officials Act (CFPOA), which we wrote about here, there are changes that will likely bring more scrutiny for Canadians and Canadian businesses abroad. Published on the Bennett Jones Thought Network.
  • Anti-Corruption Law: Implications of the U.S. FCPA Resource Guide for Canadian Business
    November 16, 2012

    On November 14, 2012, the U.S. Department of Justice and U.S. Securities and Exchange Commission  released their long-awaited Resource Guide to the U.S. Foreign Corrupt Practices Act. The 120-page Guide provides valuable direction on anti-corruption compliance for companies and individuals carrying on business internationally.
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