The Canadian government has enacted
new legislation making it illegal for Canadians to bribe foreign public
officials in the course of doing business with their country. Businesses
convicted under the Corruption of Foreign Public Officials Act face heavy
fines. Individuals face up to 10 years in prison. This new legislation
builds upon experiences in the United States, where it has been illegal
to bribe foreign officials since 1977. The United States also updated
and expanded the jurisdiction of its existing International Anti-Bribery
and Fair Competition Act, which now makes it illegal to pay public officials
in an effort to assist in, obtain or retain business. These amendments
have been expanded to include officers and employees of international
organizations such as the United Nations and the World Bank.
In February 1999, 29 member countries
of the Organization for Economic Co-operation and Development (OECD) along
with five non-member countries, also committed to enact anti-corruption
legislation. Thus far, 10 countries (Canada included) have done so. "Canada,
along with other OECD Convention signatories has entered into an era where
international business transaction and dealing with foreign government
officials should be carried out on a level playing field," says Timothy
Martin, Vice-president and General Counsel to Canadian Occidental Petroleum
Ltd. "It will be interesting to see if any potholes develop in the
various home pitches around the world." Martin was the keynote speaker
at an April 1999 Transparency International workshop on anti-corruption.
For a long time, the payment of
bribes was considered just another cost of doing business. Often, such
payments were obscured by having them made through intermediaries, consultants
or agents. This indirect payment of bribes is also covered by the new
Act. One very sensible provision of the new Act however, allows for minor
facilitation payments made to expedite routine transactions such as visas
or processing of services and inspections be exempted.
Canadian business, government and
civil society, have a clear interest in combating corruption and bribery
in international business transactions. Not only does the practice distort
markets, it also undermines efforts at democracy and stability, especially
in countries in transition or developing economies. Some concern has been
raised by the Royal Canadian Mounted Police (RCMP), who are charged with
enforcing the Act. Some officers believe the law will be difficult to
enforce, since investigations and the prosecution of foreign bribery offences
are hard to co-ordinate and can get tangled in jurisdictional disputes.
It has also been indicated that the resources available to deal with such
cases are not adequate.
There is a dawning realization that bribes eliminate
competition, create inefficiencies ultimately costing countries and their
consumers more money. One only has to look at a list of the most corrupt
countries to see that it is very similar to the list of least developed
countries. As Paulo Mauro states in his book, Why Worry About Corruption?,
it has been demonstrated that countries with high corruption have less
investment and lower growth rates in their economies. The result has been
growing support in international trade and development organizations for
policies aimed directly at eliminating corruption. These laws will make
change for the good, but they won’t change everybody’s behavior. As American
humorist Kin Hubbard once said, "Honesty pays, but it doesn’t seem
to pay enough to suit some people"
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