, 15 tweets, 5 min read Read on Twitter
A1. More on my take re OECD WG on Bribery:
Recall, the WG is made up of govt officials from states who are signatories to the Anti-Bribery Convention. Its monitoring and other work is supported by the OECD Secretariat’s anticorruption division. Source:WG annual reports #cdnpoli
A2. The OECD Sec does important work to help states improve public policies & processes through monitoring, reviewing, compiling best practices, guiding etc. Relevant to DPAs, the WG will be releasing a study on Mar 21 about Non-Trial Agreements by Parties to the AB Convention
A3. This will be an interesting read for Canada from a policy perspective to understand what has worked well or not in other jurisdictions that have DPAs.
A4. As usual, the WG did extensive work to gather data “through both the rigourous country monitoring process, and a comprehensive survey circulated to all Parties to the Convention.” Given this level of diligence, I was taken aback by WG’s Statement released on Monday re Canada.
A5. The statement says the WG is “concerned” by allegations of interference in the #SNCLavalin prosecution but doesn’t explain why it’s piping in at this point & what its role is re specific cases, thus leading to confusion and differing (mis)interpretations in Canada.
A6. The statement is a disjointed mix of voices that don’t flow. 2nd para starts like Canada is speaking. Then it’s a directive from...? 3rd para is back to Canada’s voice, then the WG offers its views saying it is encouraged by Canada’s approach and it will monitor closely.
A7. I find the statement confusing for the substance but also the context. What is the point of the statement? I note Canada is due for a review to be published in 2021. So is this special monitoring? oecd.org/corruption/ant…
A8. If special monitoring, is this usual practice for the WG? If not, then why now re Canada? And is the OECD cmtte that oversees public sector integrity issuing statements of concern about the ongoing probe into allegations of corruption/wrongdoing in the US? I couldn’t find any
A9. Unless I have missed something, I reiterate my point that the @OECD must take great care when issuing statements about ongoing investigations, particularly in a national context in which an election is forthcoming.
A10. Finally! We have some info on the OECD WG on Bribery’s defn of “national economic interest” from the Chair of the WG. Essentially, there is no one/clear definition. #cdnpoli
A11. Read this interview by WG chair. My take is the Statement did not properly reflect the #OECD WG’s position. Instead of “concerned” perhaps “following” would have been a more accurate word. I still don’t see why the Statement was needed #cdnpoli nationalpost.com/news/politics/…
A12. The NP interview sheds some light on the OECD position. I suspect the Statement is poorly written bc non-native English speakers drafted it. I say this because...
A13. In the interview, Kos’ supposed use of “until now” when saying the WG has no reason to doubt Canada’s approach, is case in pt. He likely meant, “so far”, “to-date” bc “until now” suggests something has changed, but the rest of his comments make clear that’s not what he meant
A14. As would be the case if I were writing in French or Spanish, native speakers would pick up on nuances that I would not. When I was at the OECD, I routinely corrected the choice of words by my non-native English-speaking colleagues. There were a few funny ones!
(And I had my fair share of gaffs in French, including when meeting a colleague at a resto, I asked if anyone there was single, instead of if anyone is sitting alone!!)
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