Below is a brief summary of: (1) the information that requestors should provide when raising concerns to the NCP; and (2) the specific instance process itself. For a more detailed description of the U.S. NCP specific instance procedures, please click here.
In order to seek the assistance of the NCP, the interested party should submit a written request that includes the following information:
As a general rule, the NCP will transmit any information provided to the NCP to the other party [ies] to the specific instance, unless the providing party expressly requests that the information, or any part of the information, not be disclosed to any other party. In such circumstances, the party must provide a compelling reason for nondisclosure.
Receipt of a request
When the NCP receives a request, it takes the following first steps:
The NCP, in consultation with relevant U.S. agencies, makes an initial assessment to determine whether: (1) the issue is bona fide and relevant to the implementation of the Guidelines; (2) the issue merits further examination; and (3) it would be appropriate for the NCP to offer to assist the parties in resolving the issues.
In determining whether the issue is bona fide and relevant to the implementation of the Guidelines, the NCP takes into account:
Once completed, the NCP will forward its initial assessment in writing to all parties involved.
In circumstances where the NCP determines it would be appropriate to offer its good offices, the NCP will encourage and offer mediation to the parties. If both parties agree to participate in efforts to arrive at a consensual resolution, the NCP would assist with mediation or otherwise facilitate third-party mediation. The NCP anticipates working closely with the Federal Mediation and Conciliation Service, an independent U.S. federal agency specializing in alternative dispute resolution, to assist parties in addressing their concerns.
Mediation or conciliation is a completely voluntary step, providing an opportunity for a neutral third-party to assist parties in reaching their own resolution of concerns. In mediation, the parties are completely responsible for designing their own solution, and the process is designed to create an environment for cooperative problem-solving between the parties.
Conclusion of proceedings
At the end of the process, after consultation with the parties, the NCP will, in accordance with the procedural guidance, make the results publicly available on the NCP website. For further information on NCP specific instance public statements, click here.
U.S. National Contact Point
Bureau of Economic and Business Affairs
U.S. Department of State
2201 C Street, NW
Washington, DC 20520
Tel: (202) 647-5686
Fax: (202) 647-5713