Enforcement of Foreign Bribery Offences a “Black Eye” to Canada

28/03/2011 – Although Canada has recently made progress in investigating the bribery of foreign public officials by Canadian businesses, Canada has only completed one prosecution since it enacted its foreign bribery law in 1999. A new report by the OECD states that Canada’s regime for enforcement of the Corruption of Foreign Public Officials Act (CFPOA) remains problematic in important areas.

The OECD Working Group on Bribery has just completed a report on Canada’s enforcement of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Enforcement has recently increased, with one company convicted in 2005 for violating the CFPOA, one ongoing prosecution and over 20 active investigations, the report notes. Credit for these cases is largely attributed to the RCMP International Anti-Corruption Unit, established in 2008. The RCMP Unit has two teams – one in Ottawa, Canada’s capital, and another in Calgary, Canada’s hub for the extractive industries. The Unit is also commended for its substantial public outreach and awareness-raising efforts.

But the report warns that Canada’s ability to successfully prosecute these investigations will be in jeopardy

unless the Public Prosecution Service of Canada is given the resources it needs to prosecute the large volume of cases that may soon follow the investigations.

Other main recommendations of the Group are as follows:

• Amend the CFPOA so that it is clear that it applies to bribery related to the conduct of all international business, not just business ‘for profit’;
• Ensure that sanctions applied in practice for CFPOA violations are effective, proportionate and dissuasive;
• Take such measures as may be necessary to prosecute Canadian nationals for bribery of foreign public officials committed abroad; and
• Clarify that police and prosecutors may not consider factors such as the national economic interest and relations with a foreign State, when deciding whether to investigate or prosecute allegations of foreign bribery.

The Working Group commended Canada for codifying corporate liability in the Criminal Code for CFPOA and other offences, as well as important initiatives for increasing reporting of foreign bribery in the public and private sectors, including enacting a Criminal Code offence of threatening or retaliating against employees who report misconduct.

The report, available at www.oecd.org/daf/nocorruption, lists all of the recommendations to Canada adopted by the Working Group on Bribery – which includes the 34 OECD Member countries plus Argentina, Brazil, Bulgaria and South Africa – and includes an overview of enforcement efforts and specific legal and policy features in Canada for combating the bribery of foreign public officials. Due to the significance of the issues raised in this report, the Working Group recommends that Canada report back to it on progress in October 2011. Following the usual process, Canada will also make an oral report within one year and a further written report within two years, which will be made publicly available.

Rolling Stone Releases More U.S. Army “Kill Team” Photos & Videos from Afghanistan

Der Spiegel was the first to release a few of the “kill team” photos last week. Now Rolling Stone has released more of the photos, uncensored, as well as  clips from videos shared by members of the “kill team.”

Here’s a few of the photos released by Rolling Stone:

CLICK HERE TO VIEW ALL PHOTOS

Here are the 2 videos released by Rolling Stone:

The clip presented here is excerpted from ‘Death Zone,’ a chilling video collected and shared by members of the “kill team” of U.S. soldiers who murdered civilians in Afghanistan and mutilated the corpses. Shot through thermal imaging, the grainy footage shows two Afghans suspected of planting an IED being blown up by an airstrike. While the deaths may have resulted from a legitimate combat engagement, the video itself represents a clear violation of Army standards. Scenes of the attack have been edited into a 15-minute music video, complete with a rock soundtrack and a title card. This clip from the video picks up shortly before the airstrike begins, accompanied by the song “En Vie” by Apocalyptica, a cello rock band from Helsinki. The video ends with grisly still images of the casualties, followed by closing credits. It was passed from soldier to soldier on thumb drives and hard drives.

The clip presented here is excerpted from ‘Motorcycle Kill,’ a video collected and shared by members of the “kill team” of U.S. soldiers who murdered civilians in Afghanistan and mutilated the corpses. The jumpy, 30-minute video – shot by soldiers believed to be with another battalion in the 5th Stryker Brigade – shows American troops gunning down two Afghans on a motorcycle who may have been armed. Even if the killings were part of a legitimate combat engagement, however, it is a clear violation of Army standards to share such footage. The video was taken on patrol with a helmet-mounted camera; at one point, the soldier shooting the images can be heard boasting, “I got it all on camera.”

CLICK HERE FOR FULL ROLLING STONE ARTICLE

Related Link: Der Spiegel Releases U.S. Army “Kill Team” Photos from Afghanistan

P.J. Crowley Talks About Bradley Manning Remarks

BBC HARDtalk:

P.J. Crowley was, until two weeks ago, US Assistant Secretary of State for Public affairs.

He resigned under heavy political pressure after describing the Pentagon’s treatment of Bradley Manning, the US soldier suspected of spilling secrets to WikiLeaks as “counterproductive and stupid”.

Private Manning is being held at a maximum security jail, in shackles and in solitary confinement.

In an exclusive interview for HARDtalk Mr. Crowley told Stephen Sackur he didn’t regret expressing his views, but declined to say whether he had been asked to resign.

P.J. Crowley also spoke to Shep Smith on Fox Report, standing by his comments about Bradley Manning saying, “Just because an activity might be legal or legitimate, doesn’t make it right in terms of policy. That’s what I expressed to the students at MIT, that’s what I believe, and I’ll keep expressing this view.”

P.J. Crowley also wrote an article today in the Guardian titled “Why I Called Bradley Manning’s Treatment ‘Stupid’.”

Related Link: White House Forces P.J. Crowley To Resign After Bradley Manning Statements

The Private Life of Bradley Manning

PBS Frontline:

A profile of the early years of the young soldier now accused of leaking more than half a million classified U.S. government documents.

Related Link: Bradley Manning’s Father Breaks His Silence

U.S. Troops on the Ground in Libya

Some Americans fear there will be boots on the ground in Libya. The Obama administration says that’s not going to happen, but what is happening on the ground may surprise you.

Joining us now from Washington, Lt. Col. Tony Shaffer, a former Army intelligence officer, and from Boston, Col. David Hunt, a Fox News military analyst.

BILL O’REILY: So we hear special forces are already on the ground in Libya. True, Col. Hunt?

RET. COL. DAVID HUNT, U.S. ARMY: Yes, absolutely. You’ve got British service been in there about three weeks ago and actually got captured and released. The French GIGN have been in there and our special forces and our U.S. intelligence operatives and their assets. We do not conduct operations like this, large scale air operations, without people on the ground. They have been very successful, very good, not a lot of contact with the rebels because you don’t know who to talk to. But, yes, we have got intel gathering and rescue guys and special operations guys on the ground, have had them for about 12 days.

Related Links:

Libya No-Fly Zone = Humanitarian Imperialism

Operation Odyssey Dawn aka Beginning of Long Adventurous Journey