JAPAN ENCOURAGES BRIBERY AT WHALING TALKS SAYS THE HSC

Attention: Assignment Editor, News Editor

VANCOUVER, BC--(CCNMatthews - June 18, 2006) - In Japanese, zotohin means 'gift' while zowai means 'giving a bribe' and shuwai means 'taking a bribe.' If you Google the words Japan bribery whaling you get over 20,000 hits and where there is smoke there is fire, says The Humane Society of Canada (HSC).

"Six years after it signed an international Anti-Bribery Convention aimed at reducing corruption in developing nations by combating bribery, Japan has still failed to properly implement this law and its own domestic laws against bribery and that means more dead whales," according to Michael O'Sullivan, HSC Chairman & CEO who is at the International Whaling Commission (IWC) talks being held in the Caribbean nation of St. Kitts and Nevis. He says that in 2001, the IWC was so concerned about allegations of bribery and vote buying that it passed a resolution on transparency within the IWC endorsing the 'complete independence of sovereign nations to decide their own policies and freely participate in the IWC without undue interference or coercion from other countries.'

Japan continues to deny longstanding allegations that the country has used its multibillion aid programs to buy the votes of small developing nations and garner their support for Japan's ongoing slaughter of whales in defiance of an international ban. However, the voting records of the countries which receive Japanese foreign aid and their vocal support for Japan's killing of whales along with investigations by other animal protection organization and groups indicate otherwise.

Most troubling of all says O'Sullivan, are the two reports filed by an international team of investigators from the OECD (Organization for Economic Co-operation and Development) which reviewed Japanese compliance with the anti-bribery laws in 2002 and again in 2005. Copies of their reports can be found here and more information about the OECD can be found here.

"The investigators report they were stonewalled by government officials, reports and meetings were delayed, information was refused on the grounds that it would interfere with ongoing investigations; and there was a general lack of knowledge and will on the part of prosecutors, chartered accountants, police and other public officials to actively search out, investigate and prosecute cases of bribery under either international or Japan's own domestic laws," says O'Sullivan.

"The team found that in Japan there were few prosecutions for bribery that actually made it to court, and that in many cases if they did, those found guilty were given suspended sentences. They also found loopholes in the law which allowed a Japanese national to give a bribe in a foreign country and not be bound by Japanese law, and statutes of investigations and prosecutions," he says.

The 2005 OECD Report goes on to say: "… Entertainment and social" expenses, which the Japanese authorities state includes bribe payments, made by corporations to foreign public officials are tax deductible up to a certain limit for companies up to a certain size and consolidated groups up to a certain size and consolidated groups up to a certain limit based on the size of the parent company. There appears to be uncertainty about whether bribe payments made by individuals to foreign public officials appear to be deductible without limits.

The lead examiners therefore recommend that Japan amend its tax laws as a matter of priority to expressly prohibit the tax deductibility of bribe payments made to foreign public officials by any individuals or corporations…" At the time of the writing of this report two years ago, Japan has failed to amend its laws. More information about Japan's Unfair Competition Prevention Law, Penal Code and other laws which on paper give the appearance of preventing bribery but in practice leave a great deal to be desired can be found here.

"The Humane Society of Canada believes that the only meaningful way to ensure that Japan does not continue to use foreign aid to slaughter more whales, is for Japan's active and effective compliance with the Anti-Bribery Convention and a dramatic overhaul of their own domestic legislation. In the interim, we encourage all nations to actively pursue allegations of bribery in relationship to whaling and where there is evidence both sufficient and admissible to launch vigorous prosecutions under their own laws with or without Japan's cooperation," says O'Sullivan.

CONTACT: Michael O'Sullivan by toll free 1-800-641-KIND or Michael on his cell phone (416) 876-9685 or at www.humanesociety.com

[A father with two children and a houseful of dogs and cats, O'Sullivan has worked across Canada and in over 95 countries during the last 35 years helping people, animals and nature.]

The Humane Society works to protect dogs, cats, horses, birds, livestock, lab animals, wildlife and the environment. They carry out hands on programs to help animals and nature, mount rescue operations, expose cruelty through hard hitting undercover investigations, work to pass laws to protect animals, fund non-invasive scientific research, support animal shelters and wildlife rehabilitation centres and spread the word about how to help animals and nature through humane education.

A registered charity, The Humane Society of Canada depends entirely on donations to support our programs to help animals and the environment. All donations are gratefully acknowledged with a receipt for income tax purposes. If you would like to support our campaign to protect animals and the earth, please make a donation here. Because when it comes to fighting cruelty, we don't give up. Ever.

Background on the IWC

A reported 70 nations have now signed the international whaling agreement and there is strong evidence that Japan has bought the votes of small developing nations. Japan and its allies are expected to use these votes to support secret ballots and other mechanisms in those dealing with environmental threats to whales, animal welfare, whale sanctuaries, whale watching and slaughter of whales and dolphins. In open defiance of the twenty year old ban on whaling, Japan, Norway, Iceland and other countries have slaughtered over 27,000 whales; and in the opinion of The Humane Society of Canada these countries are environmental outlaws.

The Humane Society of Canada supports ECO which is published at the whaling talks by a coalition of non-governmental organizations and can be found here.

The animal charity is also a member of the Global Whale Alliance fighting to end the slaughter of whales.

/For further information: http://www.humanesociety.com
http://www.humanesociety.com/send.asp
http://www.oecd.org/topicdocumentlist/0,3024,en_33873108_33873539_1_1_1_1_37447,00.html
http://www.oecd.org/home/0,2987,en_2649_201185_1_1_1_1_1,00.html
http://www.oecd.org/document/30/0,2340,en_2649_34859_2027102_1_1_1_1,00.html#japan/


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