ADDITIONAL CANADIAN RESPONSE TO DEMARCHE REGARDING

UNCLAS OTTAWA 003613 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: ADDITIONAL CANADIAN RESPONSE TO DEMARCHE REGARDING OECD WORKING GROUP ON BRIBERY REF: A. STATE 197786 ¶B. OTTAWA 3599 ¶1. (U) Embassy Ottawa has received an additional Canadian response to the OECD Working Group on Bribery demarche (ref A) that the Embassy Economic Minister-Counselor delivered to DFAIT official Mark Moher on December 15. The initial response was reported in ref B. ¶2. (SBU) Begin text. Response to U.S. Embassy Demarche of December 15, 2006 - OECD Working Group on Bribery Canada would like to thank the U.S. for its demarche on the OECD Working Group on Bribery (WGB). Canada agrees that there is value in a robust peer review process for the WGB. We also believe, however, that any post-Phase II review must be clearly focussed on issues identified by the WGB as necessary, and not seek to impose the implementation of recommendations from countries' Phase II evaluation - recommendations that are not, strictly speaking, Convention obligations. The exact nature and extent of this focus has yet to be agreed upon by members of the WGB. This process should be carefully targeted and should be regularly reviewed to ensure that it is still valuable and necessary. We must be careful to ensure that there is as little overlap with the UNCAC as possible and that resources for the WGB reflect the refined and streamlined vision that the WSG has already expressed for post-Phase II. Canada is in favour of greater sharing of law enforcement experience, but notes that we are unable to share details of ongoing investigations. Canada too favours extending the application of the OECD anti-bribery disciplines to the major emerging economies. Canada has made clear our position on WGB budgetary matters. We have expressed support for the extraordinary funds from the CFP discretionary fund to meet legitimate needs relating to planning the post-Phase II monitoring regime. Canada has also indicated that we do not necessarily support the OECD work program call for a 140K euro cut to the WGB. Canada suggested that a cut may be possible, as we are looking at a more streamlined review, but noted that we cannot possibly know yet what amount of funds will be required. Stephen Doust Legal Officer Criminal, Security and Treaty Division (JLA) Department of Foreign Affairs and International Trade (DFAIT) Lester B. Pearson Building C-7 125 Sussex Drive Ottawa, Ontario K1A 0G2 Tel: 613-995-7142 Fax: 613-944-0870 E-mail: stephen.doust@international.gc.ca End text. Visit Canada's Classified Web Site at http://www.state.sgov.gov/p/wha/ottawa WILKINS