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.

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WILKINS