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SUMMARY REPORT

CONSULTATION ON THE U.S. NATIONAL ACTION PLAN ON RESPONSIBLE BUSINESS CONDUCT Thursday, April 16, 2015 10:00 am to 5:00 pm Georgetown University Law Center 600 New Jersey Avenue, NW

Co-hosted by the International Corporate Accountability Roundtable (ICAR), the Global Business Initiative on Human Rights (GBI), and the Harrison Institute for Public Law at Georgetown University Law Center

TABLE OF CONTENTS BACKGROUND

2

EVENT OVERVIEW

2

Session Summaries

3

Opening Plenary

3

Breakout Session 1: Overseas Investment

6

Breakout Session 2: Aid and Development

9

Breakout Session 3: Public Procurement

12

Breakout Session 4: Anti-Corruption and Financial Transparency

15

Breakout Session 5: Access to Remedy

17

Closing Plenary

19

APPENDIX I: Agenda

21

APPENDIX II: Guiding Questions for Breakout Sessions

22

APPENDIX III: Notes to Support Breakout Sessions

23

APPENDIX IV: U.S. NAP Recommendations – Pillar I

37

APPENDIX V: Consultation Participants

47

ENDNOTES

55

CONSULTATION ON THE U.S. NATIONAL ACTION PLAN (NAP) ON RESPONSIBLE BUSINESS CONDUCT

1

BACKGROUND On September 24, 2014, President Obama announced plans to develop a U.S. National Action Plan (NAP) on responsible business conduct. The NAP will be consistent with the UN Guiding Principles on Business and Human Rights (UNGPs) and the OECD Guidelines for Multinational Enterprises. A subsequent White House announcement stated that “[e]xpanding U.S. efforts to promote responsible business conduct is intended to cement the brand of U.S. businesses as reliable and accountable partners internationally and promote respect for human rights”. The announcement also noted that “[t]he U.S. government will work closely with stakeholders throughout the development of the National Action Plan, including U.S. businesses and civil society” and that “[t]here will be a series of open dialogues, hosted by various independent organizations, during which stakeholders will be able to exchange ideas on the National Action Plan process and content”. Moreover, “U.S. officials will attend these events and the public is welcome to participate”. The full list of consultations is available on the White House website.

EVENT OVERVIEW The International Corporate Accountability Roundtable (ICAR) and the Global Business Initiative on Human Rights (GBI) were pleased to co-host the Washington, DC consultation on the U.S. NAP on April 16, 2015. The consultation, hosted as part of the U.S. government’s series of open dialogues mentioned above, was the largest consultation to date with over 200 participants from approximately 15 different government agencies, 40 businesses, 40 civil society organizations, and 10 academic institutions. It had the following objectives: • Focusing on the policy and regulatory functions of the government as the framework and foundation for conversation. In other words, starting with the “State duty to protect”, as defined under Pillar I of the UNGPs; • Discussing the full range of tools that the U.S. government has at its disposal, including: policy and regulation; promotion, guidance, and education; monitoring and enforcement; transparency and reporting; judicial and non-judicial remedy; and collaboration with civil society and business on the ground; • Learning from what is already in place, including having a frank dialogue on successes, shortfalls and lessons learned from the viewpoint of all stakeholders; • Aiming to offer pragmatic and clear inputs on certain pre-identified, prioritized issues rather than aiming to address every aspect of the U.S. government’s role regar