USA – OECD National Contact Points (NCPs)

Section II: Priority Areas of the National Action Plan on Responsible Business Conduct
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3. Priority Area (3) Strengthening Access to Remedy: “[…] To do so, agencies and offices will strengthen USG-based due diligence processes and grievance mechanisms in consultation with external stakeholders through the following measures…

• State: State will enable stakeholders to seek resolution of RBC issues by strengthening the U.S. National Contact Point (NCP) for the OECD Guidelines through increased stakeholder engagement, including creating a new advisory body; proposing changes to the NCP’s confidentiality policy and otherwise improving procedures, including by updating them in line with the 2023 update to the OECD Guidelines; developing one of the first NCP policies on reprisals; improving accessibility of the NCP website; and evaluating technical, personnel, and policy options to strengthen the NCP.” (p.13-14)
Section III: Additional National Action Plan Commitments
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Table 3: Access to Remedy Commitments

The Department of State will “build on progress to date and intends to make the following significant changes to further improve the NCP. Note that some of these intended changes, particularly including those that involve changing rules of procedure, will be pursued subject to a public notice and comment process. Easing confidentiality: We propose to make the following changes to the confidentiality policy of the NCP:

• Make public the existence and status of pending cases on the NCP’s website, which, prior to the initial assessment, would only include party names if both parties agree.
• Issue our Initial Assessments as public documents, in a summary form, after changing our rules of procedure.

Supplementing pool of mediators with additional expertise: We propose to change our rules of procedure to provide for the possible addition of subjectmatter experts to work alongside and in addition to our mediators.

Promoting “high-road” corporate practices: In all Specific Instances in which the NCP offers good offices, including in the event of failure to reach resolution through good offices and any Specific Instance where an enterprise fails to respond, the NCP will endeavor to include specific recommendations, as appropriate, in Final Statements that address concerns raised, promote highroad practices, and/or encourage actions consistent with the OECD Guidelines.

Establishing an anti-reprisal policy: We plan to issue a clear and strong policy against reprisals. The policy is intended to address the risk of reprisals against persons or groups, including human rights, labor, and environmental defenders, against actions taken because they have submitted or are considering submitting a Specific Instance to the NCP. We will be among the first NCPs to take this significant step.

Creating a new external advisory body for the NCP: We will create a subcommittee of the new RBC Advisory Committee to advise the NCP. This subcommittee will effectively take the place of the former Stakeholder Advisory Board.

Provision for greater follow-up: We propose to change our rules of procedure to encourage routine follow-up on cases after their conclusion. This will confirm our recent practice of using follow-up to effect change (e.g., where the NCP requests a party to report back on what it has done to address an alleged RBC problem).

Reflecting the 2023 update to the OECD Guidelines: We intend to update our rules of procedure to reflect the update to the OECD Guidelines adopted last year.

Publishing a promotional plan: We intend to develop and issue a plan to promote the OECD Guidelines with business and to raise awareness of the role of the NCP. Purposes of the plan will include to confirm that our much expanded stakeholder outreach is evenhanded, to increase awareness of the OECD Guidelines and the Specific Instance process among underserved and underrepresented stakeholders, and to improve reception of the OECD Guidelines and the process among U.S. businesses.

Improving our online outreach: We plan to improve the accessibility of the NCP’s website on state.gov to make it more informative and easier to navigate.

Considering further changes: We will consider additional, further changes as we continue making efforts to further strengthen the NCP in close consultation with stakeholders, including through the new RBC Advisory Committee and its planned subcommittee. Our aims will include strengthening access to remedy, demonstrating USG implementation of the UNGPs and the OECD Guidelines, and furthering the Biden Administration’s Global Labor Strategy.”

(p.21-23)