F.A.Q

An NCP is a structure that adhering countries to the OECD Declaration on International Investment and Multinational Enterprises must put in place to promote the OECD Guidelines for Business.

The OECD Guidelines are part of the OECD Declaration on International Investment and Multinational Enterprises.

There are voluntary principles and standards for multinational and national enterprises that operate in their home countries or in the host countries. They also cover a wide range of supply chains, as part of the duty of the entreprise’s due diligence.
They aim to promote responsible business conduct in accordance with national laws and international standards, in terms of publication of information, human rights, employment and industrial relations, environment, combatting bribery, consumer interests, science and technology, competition and taxation.

The first version of the OECD Guidelines dates from 1976 and the last update from 2011.

The NCP has two main missions:

1. Promotion of the OECD Guidelines and assist entreprises and their stakeholders to take appropriate measures to further the implementation of the OECD Guidelines.
2. Provide a mediation and conciliation platform for resolving practical issues that may arise.

Untill today, there are 48 NCPs from 36 OECD countries and 12 not OECD countries.

All NCPs must operate according to four essential criteria:

1. Visibility: In this sense, the NCP must carry out a set of promotional activities enabling stakeholders to know the NCP.
2. Accessibility: in this sense, the NCP must provide easy means for access to the NCP, including the filing of specific instances.
3. Transparency: in this sense, the NCP must publish, as far as possible, its reports and activities, including its promotional activities but also their specific instances handled by the NCP.
4. Responsibility: in this sense, the NCP remains responsible for all of its activities.

A specific instance is a claim filed with the NCP by anyone who complains about the behavior of an enterprise that does not comply with the OECD Guidelines.

NCPs are unique mechanisms because they:

• Constitute a non judicial mechanism providing mediation and conciliation for the resolution of disputes.
• Provide a platform for counseling, assistance, conciliation and mediation.
• Encourage entreprises to engage in dialogue with complainants.
• Concern a broad spectrum of the entreprise’s conduct, including disclosure, human rights, employment and industrial relations, the environment, the prevention of bribery, consumer interests, science and technology, competition and taxation.
• Cover the business relationships of multinational entreprises including their supply chains, franchises, etc

Through three phases:

1. An initial assessment: to determine whether the issues raised is admissible or not, and if they merit further examination or not. The, the NCP publish a statement.
2. Good offices: the NCP offers its good offices including mediation and conciliation to help the parties resolve the issue raised.
3. Publication of a report or a statement for the conclusion of the proceedings.

Yes, each NCP publishes press releases and their reports on its website but also on the dedicated OECD database.

All NCPs report annually to the OECD on all activities carried out during the year, whether these activities concern their promotion activities or the specific instances handled by the NCP.

These annual reports are published on the NCP website but also on the OECD website.

There isn’t a unique structure, each NCP adopts its own structure.

There are different types of structures:

• Monopartite: in this sense, the NCP will be governed by a single public department.
• Inter-agency: the NCP will be governed by two or more public departments.
• Multipartite: the NCP will be structured in a tripartite composition (public department, trade union organizations, employers) or quadripartite (adding civil society).
• Independent: the NCP will be managed by an independent body including experts or others.

NCPs meet twice a year at the OECD to share best practices, discuss challenges, and mechanisms to improve their functioning and performance.

In addition, NCPs organize workshops, capacity building or trainings for a joint learning and exchange best practices.

Also, NCPs cooperate with each other when dealing with a specific instance, in a manner that the supporting NCP assists the lead NCP by providing all necessary assistance and information.