NCP United States of America

Government has given consequences (e.g. limited access to export promotion or other economic benefits) to MNEs that refuse to engage in the complaint process, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to request consequences from the government.

NCP makes a finding (determination) on whether the MNE has breached the OECD Guidelines when conciliation/mediation is refused or fails, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to do so.

NCP sets no requirement to exhaust all other avenues to remedy before filing complaint.

NCP conducts in-country fact finding, or if NCP has not yet received complaints, NCP has made a policy commitment to do so.

NCP engages in follow-up of recommendations made/agreements reached in Final Statements for all complaints reaching that stage, or if NCP has not yet received complaints reaching final assessment stage, NCP has made a policy commitment to do so,

NCP has offered to alter the location of mediation and/or enable remote video conferencing to increase accessibility for the complainants or has made a policy commitment to do so.

NCP covers mediation costs for parties. If mediation costs are not covered, the parties’ cost burdens are explained in the Rules of Procedure.

NCP declares that parallel proceedings do not automatically bar complaints.

NCP considers complaints ‘material and substantiated’ if they are plausible or credible.

NCP provides external review process for parties who believe the NCP has not followed its internal procedures.

NCP sets no statute of limitations for accepting complaints.

NCP sets a low threshold for accepting complaints by ensuring the use of a broad definition of “interest in the matter” when evaluating complainants.

NCP has undergone a peer review, or has a peer review formally scheduled in the near future.

NCP employs the equivalent of two or more full-time staff.

NCP has multi-stakeholder advisory body involving representatives of all three core stakeholder groups (labour unions, business, and NGOs) consulted at least 2 times in the past year.

NCP formally involves representatives of all three core stakeholder groups (labour unions, business, and NGOs) in its governance and decision-making structure. Examples are quadripartite NCPs and NCPs in which the three stakeholder groups nominate an independent member of the NCP or steering board.

Website shows contact information for NCP.

NCP reports on its activities at the national level, to a government office or parliamentary committee, at least once a year.

Website shows text of all of the OECD’s Due Diligence guidance.

Website shows comprehensive Final Statement for each complaint reaching that stage.

Website shows comprehensive explanation of the Guidelines.

Website shows text of the OECD Guidelines in national language(s) and English.

Website shows Initial Assessment identifying parties in every complaint received, which is posted directly after the initial assessment stage is concluded, or if NCP has not yet received complaints, NCP has made a policy commitment to directly publish initial assessments.

NCP maintains website with key parts in both national language(s) and English.

Website explains NCP’s functions in promoting the OECD Guidelines and handling complaints.

NCP submits its most recent annual report to the OECD secretariat and publishes it on its website.

NCP or government conducted activities abroad in the past year to promote the OECD Guidelines.

NCP organises or co-organises at least 1 promotional event annually on the OECD Guidelines attended by business, union, and civil society stakeholder groups.

NCP has developed in print and on its website promotional materials on the OECD Guidelines and due diligence guidance.

Website shows NCP’s promotional plan outlining upcoming activities.

Website shows NCP’s Rules of Procedure for complaint handling in national language(s) and English.