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United States National Contact Point Specific Instance Submission Guidance

Parties are encouraged to use the below guidance when submitting a Specific Instance to the USNCP. Whenever possible, submitters should contact the USNCP at USNCP@State.gov before submitting the Specific Instance to alert the USNCP that their submission is coming and to ask any questions.

Please provide information to the questions outlined below in writing, completing each question as entirely as possible, and submit to the USNCP at USNCP@State.gov.

This Specific Instance submission will be shared with the multinational enterprise(s) mentioned in the submission. If a submitting party wishes for any portion of this Specific Instance to remain anonymous, please provide a justification for the request.

Confidentiality

The information in the submission will remain confidential between the parties in the complaint, the office of the USNCP, and when relevant, the mediators. The Specific Instance document itself is not for public dissemination. Once a Specific Instance is submitted, the parties to that Specific Instance are expected to strictly respect the confidentiality of all communications. Parties may publicly reference the existence of the Specific Instance (that it was submitted), but should not disclose any non-public information learned during the USNCP process. A failure to honor confidentiality expectations may lead to termination of the process. The USNCP will treat as confidential all information which is communicated to the USNCP by a party to a specific instance (including parties to the submission, the enterprise concerned, and other parties with whom the USNCP consults), subject to any disclosures required by U.S. law, except that the information provided by a party to the USNCP will be communicated to the other parties 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 and provides a compelling reason to the USNCP for such nondisclosure.

At the conclusion of the process, if the parties involved have not agreed on a resolution of the issues raised, they are free to communicate about and discuss the issues raised in the Specific Instance. However, information and views provided during the USNCP process by any party involved will remain confidential, unless both parties agree to disclosure or if it would be contrary to the provisions of national law.

For questions regarding a Specific Instance submission, please contact the USNCP at USNCP@State.gov. Parties are encouraged to contact the USNCP prior to submitting a Specific Instance to discuss the submission.

Below is Specific Instance submission guidance. In order to consider a Specific Instance, the USNCP needs to have as much information and material evidence as possible to determine whether to offer mediation. Including the information below will provide the USNCP the information necessary for that consideration.

Specific Instance Submission Guidance

PART I: Background Information

  • Date of Submission
  • Name of Submitter(s), Title, and Organization(s)
  • Primary Point of Contact Information for Submission (name, affiliation, phone number, email address, mailing address)
  • Optional: Another Organization’s Point of Contact Information (name, affiliation, phone number, email address, mailing address)
  • Point of Contact Information of business subject of the Specific Instance (name, affiliation, phone number, email address, mailing address)

PART II: Subject of Specific Instance

  • Name of the Multinational Enterprise Cited in Specific Instance
  • Company Location (Include details of Headquarter location and location of Specific Instance occurrence):
  • Description of Company and Corporate Structure (if known)
  • List the chapter(s) and paragraph(s) in the Guidelines that you allege the company to have violated.
  • As concise and clear as possible, with relevant dates, locations, and parties, provide facts or detailed examples of situations which are alleged to have violated a specific chapter(s) and section(s) of the OECD Guidelines.
  • Provide detailed information and/or evidence that supports the allegations listed above.
  • Official documents, reports, studies, articles, witness statements, affidavits, can all be considered. Note: Anecdotal statements or unsubstantiated allegations are not sufficient.

PART III: Objectives and Outcomes

  • Include answers to questions like:
    • What is your objective in bringing the case?
    • What is your desired outcome(s) of mediation?
    • What actions do you think the company should take to resolve the problem?
  • Also include any additional details you wish to bring to the attention of the USNCP

Please Make Submission by Mail or Email To:

U.S. National Contact Point for the OECD Guidelines
Bureau of Economic and Business Affairs
U.S. Department of State
2201 C St. NW
Harry S. Truman Building
Washington, DC 20520
USNCP@State.gov

U.S. Department of State

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