For the sake of its international reputation, Canada must not grant a DPA to SNC-Lavalin GlobeDebate
. The OECD leads the global fight against bribery, an activity which, it explains, “raises serious moral and political concerns, undermines good governance and economic development, and distorts international competitive conditions.”and adopted the Corruption of Foreign Public Officials Act to implement its obligations into Canadian law. The act criminalizes the bribery of foreign officials by Canadian citizens, permanent residents and companies incorporated here.
There is no ambiguity concerning the scope and substance of this obligation. Under international law, a treaty’s terms are to be interpreted in accordance with their ordinary meaning, in their context and in light of the treaty’s object and purpose., adopted alongside it in 1997: “Article 5 recognizes the fundamental nature of national regimes of prosecutorial discretion.
Reputations matter. Countries with good reputations for prosecuting economic crimes are better able to attract investment from other “rule of law” countries. They are also better able to protect their own companies from corruption, discrimination and expropriation abroad.
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