U.S. NCP Specific Instance Assessments
In June 2011, the U.S. NCP revised certain parts of its procedures, including the public release of assessments or statements on specific instances. These procedures apply to specific instances submitted to the U.S. NCP since June 2011. Below are statements issued by the U.S. NCP:
September 2012: U.S. NCP Initial Assessment: Edouard Teumagnie and AES Corporation
August 2012: U.S. NCP Initial Assessment: Individual A/Company X and MNE Number One
August 2012: U.S. NCP Initial Assessment: Individual A/Company X and MNE Number Two
August 2012: U.S. NCP Initial Assessment: Individual A/Company X and MNE Number Three
August 2012: U.S. NCP Initial Assessment: Individual A/Company X and MNE Number Four
March 2012: U.S. NCP public statement: UNITE HERE and LSG Sky Chefs
February 2012: U.S. NCP public statement: The LEAD Group and Innospec
The U.S. NCP follows the below procedural guidance regarding public statements on specific instances.
No offer of good offices: If the NCP determines the issues raised do not merit further consideration, it informs the parties and makes public its decision. The statement will describe the issues raised and the reasons for the NCP’s decision, while taking into account (through consultation with the parties and the U.S. interagency working group) the need to preserve the confidentiality of sensitive business and other information. The statement will include the identities of the parties unless the NCP determines, in consultations with the parties, that it would be unfair to publicly identify a party.
Parties reach agreement: Where the parties agree on the issues raised, the NCP makes public a report, in consultation with the parties and the U.S. interagency working group, which describes the issues raised, the procedures the NCP took to assist the parties, and when agreement was reached. Information on the content of the agreement will only be included to the extent both parties agree upon its public disclosure, including whether the identity of the parties will be publicly disclosed.
Parties fail to agree: Where the parties fail to agree, or where the NCP finds a party is unwilling to participate in good faith, the NCP issues a public statement, in consultation with the U.S. interagency working group, which describes the issues raised, the reasons the NCP determined the issues merited further examination, and the procedures the NCP initiated to assist the parties. The NCP’s statement will include recommendations on the implementation of the Guidelines, as appropriate, and will identify the parties. If appropriate, the statement could also include the NCP’s observations on the reasons agreement could not be reached.
U.S. NCP Annual Report to the OECD
All NCPs provide to the OECD Secretariat an annual summary of current specific instance submissions. This report includes those submissions received by the U.S. NCP as of June 2012: 2012 U.S. NCP Report on Specific Instances.