Foreign Affairs committee  Hydro Kleen. Yes. The second conviction was a guilty plea last June by a Canadian company headquartered in Calgary, which was fined a total of just short of $9.5 million, including the victim services surcharge.

Foreign Affairs committee  They should be able to report that to the RCMP.

Foreign Affairs committee  The OECD might have characterized it as “insufficient resources”. We do have the two seven-person teams in Calgary and Ottawa. They're overseen by an officer at RCMP headquarters. By design those teams are embedded with the commercial crime sections, and they can draw on the resources of those sections.

Foreign Affairs committee  Yes, that's my....

Foreign Affairs committee  I am aware of that concern. Our current jurisdiction is based on territorial jurisdiction as interpreted in R. v. Libman. The way that jurisdiction is interpreted is that if it's something with a real and substantial link back to Canada—so a decision made here, the money came through here, or there's a subsidiary in another country controlled from Canada—all of that provides an extraterritorial jurisdiction but not nationality jurisdiction, which I think is the criticism.

Foreign Affairs committee  Oh yes. I'm sorry, I'd misunderstood your question.

Foreign Affairs committee  Could you slightly elaborate on your question?

Foreign Affairs committee  Yes. You would need to see that working as well. That is part of the work that's done by the United Nations in relation to the United Nations Convention Against Corruption. And the OECD's anti-bribery working group does peer reviews. Part of that peer review process is a review of the enforcement side, the prosecution side, to make sure there are laws in place that criminalize domestic corruption and international corruption in terms of bribing a foreign public official.

Foreign Affairs committee  Not all of what we do would be based on complaints. In part we operate from open-source information, so intelligence. With respect to the OECD having criticized what Canada is doing, in part that's as a result of the Government of Canada's policy with respect to advising them or providing details with respect to ongoing investigations.

Foreign Affairs committee  —taking this seriously. The first conviction you're referring to is what, sir?

Foreign Affairs committee  It sounds like they don't exist yet.

Foreign Affairs committee  My understanding of your hypothetical is that it isn't something that's covered by the Corruption of Foreign Public Officials Act. It might be something that might be...it depends where the representation is made. If it was a representation made in Canada, with respect to how funds would be used in a foreign country and that caused the Government of Canada to part with that funding, then that could be investigated from here as well as a fraud.

Foreign Affairs committee  There are quite a number of offences in the Criminal Code that relate to fraud.

Foreign Affairs committee  Your question was, what needs to be in place?

Foreign Affairs committee  If I understand, your question is quite broad, but I think the United Nations Convention against Corruption is an anti-corruption strategy. The Organisation for Economic Co-operation and Development, their anti-bribery convention is also part of a strategy. The cooperation between enforcement, government, and the private sector are the things that need to be in place, and they seem to be coming in to place, if I understood your question.