CANADIAN RESPONSE TO DEMARCHE REGARDING OECD

UNCLAS OTTAWA 003599 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR EB/IFD/OMA (D. JUNCKER) AND WHA/CAN DOJ FOR CRIMINAL DIVISION/FRAUD SECTION (MENDELSOHN) USDOC FOR ITA/MAC/MTA (BARLOW) USDOC FOR OGC (NICKERSON/MANSEAU) SEC FOR R. GRIME (ENFORCEMENT) AND T. BEATTY (INTL AFFAIRS) E.O. 12958: N/A TAGS: ECON ETRD OECD KCOR CA SUBJECT: CANADIAN RESPONSE TO DEMARCHE REGARDING OECD WORKING GROUP ON BRIBERY REF: STATE 197786 ¶1. (U) On December 15, Economic Minister-Counselor delivered reftel demarche on the OECD Working Group on Bribery (WGB) to Mark Moher, Senior Coordinator, International Crime and Terrorism, Department of Foreign Affairs and International Trade (DFAIT). Moher promised to share its contents with Lisette Lafontaine, Senior Counsel, Criminal Law Policy Section, Department of Justice. ¶2. (U) Moher opined that Canada is sympathetic to most of the demarche points, particularly the importance of accountability in implementing obligations under the Anti-Bribery Convention and the need for greater outreach to emerging economies. DFAIT is asking the GoC for more money for the UN Convention Against Corruption (UNCAC). Canada believes that the WGB process thus far has been useful, but wonders if the OECD work might eventually try to impose requirements beyond the scope of the UN Convention. ¶3. (U) Moher said that his government noted concerns flagged by the WGB Chairman at the October meeting that, over time, the Working Group deliberations could become more bureaucratic and redundant, previous work priorities fall off, and the level of participation in deliberations drops. Canada agrees with the U.S. assertion that the OECD's anti-bribery efforts complements the UNCAC, which, Moher thought, is a better instrument for approaching major emerging economies, such as India and China. The WGB effort is very valuable and generates useful material that can be used effectively in other fora. Canada awaits the results of this week's UNCAC meeting in Amman. ¶4. (U) Moher did not perceive a policy difference between Canada and the U.S., but said there could be a tactical disagreement on how to get the "optimal balance" for the sake of efficiency between the OECD and UN Conventions. He thanked the U.S. for its demarche which will be distributed to senior DFAIT and Justice officials involved in the Canadian government policy process on bribery. If there is a further substantive reaction by the GoC to the demarche, Moher promised to provide it by December 19. Visit Canada's Classified Web Site at http://www.state.sgov.gov/p/wha/ottawa WILKINS