In 2016 the United States Government published its first National Action Plan on Responsible Business Conduct. It was viewed positively by many. But not by me. My assessment was short and not entirely positive:
The U.S.-NAP exhibits all of the weaknesses and missed opportunities that has marked the NAP process for many developed states: it focuses on outward conduct and pays little attention to the human rights effects of economic activity within the United States; it is grounded in the prerogatives of executive command; it provides little assessment of the legal and remedial framework of the United States and its relationship to managing business conduct; and most regrettably, so focused on the present it fails to present a coherent vision, grounded in law and policy, for moving forward. And yet there is a basis for moving forward revealed in the U.S.-NAP, one that might appeal to the incoming American administration--by focusing on disclosure, transparency and information sharing. The U.S.-NAP is at its most powerful and potentially useful not as a direct manifestation of state power through law, but by embracing methods of regulatory governance that enhance the use of market levers to manage preferred behaviors. (On the U.S. National Action Plan on Responsible Business Conduct--Business and Human Rights: Public Leadership and Private Governance (2016))
That assessment, in turn, reflected a substantial concern that the NAP process itself provided States with the opportunity to avoid confronting the deficiencies of their engagement with the State duty to protect by encouraging the crafting of aspirational pamphlets of encouragement for the extraterritorial application of international human rights law/norms which in important ways would have no internal effects (discussion over the course of years here, here, here, here, here
On June 16, 2021, Secretary of State Antony Blinken announced on behalf of the Biden-Harris Administration that the Department would soon begin updating and revitalizing the United States’ National Action Plan on Responsible Business Conduct (NAP RBC) for U.S. businesses operating and investing abroad (discussed here). At the time, Secretary of State Anthony Blink was quoted as saying:
Businesses can provide crucial support for democratic principles, including respect for human and labor rights. They have the capacity to help shape society and the environment – raising local wages, improving working conditions, building trust with communities, and operating sustainably. As a result, businesses have a key role in addressing human rights abuses, including throughout their value chains. (here)
In 2024, after extensive consultations among selected stakeholders, the U.S. Government has issued its revised 2024 National Action Plan on Responsible Βusiness Conduct. Its Press Release framed that effort this way:
Businesses adhering to strong responsible business conduct (RBC) practices throughout their value chains can lift standards around the world and help level the playing field, including for U.S.-based businesses and workers. The U.S. government uses a range of tools to promote and incentivize RBC, including prohibitions against federal contractors and sub-contractors engaging in trafficking in persons or using forced labor or indentured child labor; technical assistance and programming to prevent child labor, forced labor, and human trafficking in global supply chains; preferential purchasing for contractors engaged in sustainable environmental practices; import and export controls; trade-related regulations; sanctions; and visa restrictions.
The Biden-Harris Administration’s release of the United States’ second National Action Plan (NAP) on Responsible Business Conduct reflects a whole-of-government commitment to strengthen RBC. Agencies across the U.S. government have pursued policies, initiatives, and programming focused on RBC to promote respect for human and labor rights, expand use of green energy, further a just transition, counter corruption, protect human rights defenders, advance gender equity and equality, and promote rights-respecting use of technology.
2024 United States Government National Action Plan on Responsible Business Conduct
FACT SHEET: U.S Government’s National Action Plan on Responsible Business Conduct
And, indeed, much has changed since 2016--and particularly the principles and objectives driving U.S. efforts to develop some sort of policy chapeau over business conduct that the state can give the "responsible" imprimatur. The difference is quite notable when one compares the way each was framed at the time of their distribution. In the opening page of the 2016 US NAP, then Secretary of State John Kerry wrote:
The United States is committed to promoting human rights and leading the global fight against corruption. . . U.S. companies are among the most sought-after partners across the globe because they take seriously their responsibility to follow the rule of law, uphold human and labor rights, and strengthen the communities in which they operate. . . We undertook this process to enhance coordination within our government, push for higher standards and a more level playing field globally, and strengthen public-private coordination to help U.S. companies attain their responsible conduct goals in a variety of environments around the world. (US NAP, p. 1)).
In 2024, the Introduction to the 2024 US NAP took a slightly different tone:
To mark the 10th anniversary of the UNGPs on June 16, 2021, Secretary Antony Blinken announced the USG’s intent to revitalize and update the NAP. While this NAP addresses the full range of RBC issues for U.S. businesses operating and investing abroad, it focuses principally on the business responsibility to respect human rights, including through effective due diligence in a rapidly changing risk environment. . . Under the Biden Administration, agencies across the USG have pursued policies, initiatives, and programming to promote respect for human and labor rights, expand the use of green energy, further a just transition, counter corruption, protect human rights defenders (HRDs), advance gender equity and
equality, and promote rights-respecting technology. (2024 US NAP p. 3, 4)
One moves here from collaboration and incentive to compliance based regimes overseen by a blended techno-bureaucracy of public and private functionaries constituted to align economic productivity with public policy, and public policy around human rights (consider a European perspective here)--but only in their outbound activities (longer discussion here). The alignment of the spheres of politics, law, and economic activity--subsumed within the overarching principles of international human rights--requires a refocus of the enterprise of business and human rights as a legal-policy matter from the State duty to protect human rights to the corporate responsibility to respect human rights. That is, that in the context of business and human rights, States are far better equipped to transpose public regulatory structures onto private activity than they are, for the moment at least, to actually bind themselves and their domestic legal orders to the very international human rights regime they are more than eager to foist down supply chains beyond the borders of the State.
Fair enough.
But one is still very much within the sphere's of incentive systems and incentives based compliance regimes. There is still a great distance between this approach and those privileging legalization or direct state direction (these find more fertile ground in Europe and in Marxist-Leninist states). Here one encounters a re-affirmation of the fundamental approach and sensibilities (which themselves have been evolving since the 1970s) of the Organization for Economic Cooperation and Development (OECD), the group that tends to include many "home" states in goal economic production networks. That makes a lot of sense, especially given the strength (still) of markets driven development and the protection of the autonomy of natural and legal persons in what is still understood as a private sphere of activity (a close look at the Business Roundtable (re)statement on corporate purpose makes that clear enough). That does not suggest laissez faire in the style of Milton Friedman--it does suggest that public policy creates guard rails and expectations but does not drive micro-decision making. That is, public policy does not drive economic production (its character and choices); rather public policy creates the "playing field" within those choices can be made in conformity to collective expectations, duties, and obligations (some of which are written into law especially in the guise of compliance measures and "hardened" private law; see also here).
The fundamental operative structure of the UNGP State duty to protect was grounded on the premise of international legality embedded within the principles of the state system. And that, in turn, is still, more or less, grounded n the nation of the contractual nature of international law, and the aspirational nature of international norms. True enough, the transformation of international law from contract to constituting instrument (that is from treaties memorializing norms and a duty to transpose them into domestic legal orders to treaties that constitute an institutional apparatus onto which certain authority is delegated; the classic version of which might be José Alvarez's International Organizations as Law Makers (OUP, 2006) proceeds apace. And the trajectory and implications of that transformation are substantially irresistible at this point--absent crisis. Still, State's remain protective of their authority (undisturbed in the UNGP) that (with the customary exceptional cases) to embrace or reject what may be proffered for their consideration either in the form of treaty obligation or the product of treaty bodies.
The United States, like the People's Republic of China, are no exceptions to this sensibility, and in a sense siblings in their shared view of the prerogatives of (powerful) states within the state system and its institutional apparatus.
And thus, it ought not surprise that the emphasis on a quasi-legalization, or exhortation toward that goal (even in hybrid form), of the corporate responsibility to respect human rights, based on international law, and applied only beyond the territorial borders of the home state becomes the centerpiece of State strategies for compliance with its duty to protect human rights. The irony is inescapable, as is the resulting transformation of the State duty from one that might have been centered on the alignment of a State's domestic legal order with its international human rights duty, to one grounded in exteriorization of the State duty beyond its territories and governmentalization of economic actors as agents for implementation of extraterritorial human rights regimes.
To that end an apparatus is necessary; in this case a Federal Advisory Committee on Responsible Business Conduct, that might serve as a platform in which public and private consumers of responsible business conduct (RBC) might "come to market." (2024 US NAP, p. 11). But the driving force is still exteriorization of rights based compliance, however broadly it is dressed up in the COED-inspired language of RBC. It also requires the cultivation, long resisted in the US, of a greater openness toward non-judicial state based remedies created (through the OECD National Contact Point organs),
The OECD’s work on RBC is delivered through the OECD Centre for Responsible Business Conduct. The RBC Centre, which is part of the OECD Directorate for Financial and Enterprise Affairs, works with governments, business, workers and civil society to promote the implementation of the OECD Guidelines. The RBC Centre provides the Secretariat to the Working Party on Responsible Business Conduct, composed of representatives of all governments adhering to the Guidelines. The Working Party’s mandate includes supporting governments in designing policies for responsible business conduct, developing guidance to business of how to implement due diligence and promoting its implementation, and strengthening access to remedy through National Contact Points for RBC. (HERE)
The OECD principles and mechanisms also come with their own guiding apparatus--the OECD Working Party on Responsible Business Conduct established in 2012 and serving as a sort of capacity building and guidance mechanism around RBC. Lastly, the 2024 US NAP approach is one that permits the strategic aligning of favored
elements of international human rights law/norms that align with current
USG policy priorities with US procurement policies, and the USG's increasingly important sanctions mechanisms (now converging with human rights priorities). This aligns with the explanation of RBG offered in the 2024 US NAP--"based on the growing evidence that businesses can perform well while
doing good and that governments should create and facilitate the
conditions for this to take place." (2024 US NAP, p. 3, n. 1).
At the center of RBC, and operationalization mechanisms are the OECD Guidelines for Multinational Enterprises, "an international legal instrument, adopted by all OECD members and open for adherence to interested non-OECD members. To date, around 50 countries have adhered to the Guidelines or are in the process of adhering. These countries represent some of the largest markets in the world and a large majority of global trade and investment activity" (HERE). This multi-lateral apparatus has been acquiring some quasi-jurisprudential and regulatory heft over the last twenty or so years (see my early discussion in “Rights And Accountability In Development (Raid) V Das Air (21 July 2008) And Global Witness V Afrimex (28 August 2008); Small Steps Toward an Autonomous Transnational Legal System for the Regulation of Multinational Corporations,” (2009) 10(1) Melbourne Journal Of International Law 258-307). Thus a necessary element of exteriorization involves alignments with supra-national blocs of like minded states--in this case the OECD-- through which their values can be crammed down supply chains (the US variation of what is sometimes referred to as the European "Brussels Effect"). And, like the Norwegian Pension Fund Global, that institutional apparatus is meant to privilege national priorities in international spaces (2024 US NAP pp. 15-39; the operational guts of the 2024 US NAP) (e.g. here).
The 2024 US NAP, on balance represents a step toward an evolution of US engagement with the issues of business and human rights in economic activity, as it intersects with critical developments in tastes and expectations for governance, their modalities, and the balance between individual autonomy to drive choices and public policy that shapes them (overseen by techno-bureaucracies seeded within the apparatus of public and private institutions). It provides a strong statement of an approach that is quite distinct from that of the Europeans and that of Marxist-Leninist States (for a comparison of first principles driving structures that might be applied to business and human rights see here, here, and here).
The bottom line: The 2024 US NAP shows promise and is exceptionally useful as a memorial of current US policy under the current political administration. First the positives:
1. The strong alignment with the structures and sensibilities of the OECD--including its normative formulations (the OECD Guidelines for Multinational Enterprises), and its "soft" remedial mechanisms (through the National Contact Points). But more important than that is the convergence with the underlying first principles of OECD approaches to governance--markets driven, state regulatory, soft law frameworks, and incentives based nudging that reflects a dialectic between public policy and private expectation (consider eg here, and here).
2. The deepening of U.S. policy commitment from traditional corporate social responsibility sensibilities to RBC--understood to embrace both human rights and sustainability, as well as "good governance" issues (eg here, and here; in this case built around the concept of corruption). Yet lost in the shift is the relationship between the normative values of RBC and the modalities of its realization. In particular, the now generations long marginalization of philanthropy is to be lamented both in its own right and as an important expression of RBC in some cultures.
3.The detailed and comprehensive mapping of the role of the State and its administrative organs in facilitating RBC (that is in constructing the structural elements and guidance through which RBC can be identified, measured, assessed, and guided as context changes).
4. The transparent development of prioritization in governmental nudging efforts in furtherance of policy objectives.
5.The 2024 US NAP approach falls plausibly within a certain way of interpreting the spirit of the UNGP as well as its approach to state obligation to facilitate the 2nd pillar corporate responsibility to respect human rights.
And then the negatives:
1. The characterization of the RBC project--and its due diligence methodologies--as something to be projected out from the US, rather than applied both within the (home) state and elsewhere. The dangers are well known. The first touches on the construction of dual law/compliance/norm/expectation systems--one to be applied to the home state activities of enterprises and the other applicable elsewhere. The second is the continuing treatment of international law as something alien though useful to home state. The third is that it tends to cabin RBC and its human rights elements within the foreign policy and US external relations circles, further inhibiting the naturalization of its principles within the US domestic order (legal and otherwise).
2. The 2024 US NAP leaves unresolved the core issues exposed by both the OECD Guidelines and the UN Guiding Principles for Business and Human Rights: is economic activity an instrument for the realization of public policy objectives (macro and micro) or is public policy an instrument for the realization of economic activity reflective of social expectations? Within this issue are comfortably lodged the usual questions that most people like to avoid (because consensus among elites, for example, is very difficult to come by at this moment): the morality of profit and the further morality of profit distribution to holders of interest in capital; the morality of leaving to autonomous choice (not directed by or for the benefit of the State)choices in economic activity; the valuation of inputs and outputs of production; ad the like. On the other hand, the lack of resolution may be understood as a positive--at least within the context of the US political-economic model.
3. The 2024 US NAP is grounded on capacity building. That raises three potential issues of implementation: First, much of the structures of internal capacity have already been developed or are in the process of development to some extent. But capacity dissemination in the US administrative apparatus is thin--at best, and in this case effectively confined to the US foreign relations apparatus. Second, it is not clear how effectively knowledge and norm capacity can be imparted into the objects of all this effort. The traditional approaches, now well practiced, for example, by IFIs, have had mixed results. Third, it is not clear that, beyond funding the crafting of the 2024 US NAP the state is willing to appropriate sufficient funds to effectively implement the NAP. This challenge is heightened given the timing of the announcement of the 2024 US NAP: at the start of what is likely to be a particularly brutal US Presidential election cycle. The temptation to view the drafting as the object, rather than its implementation, may be great, even if inadvertent circumstances may produce that result.
4. The human rights prioritization appears to cut both ways. On the positive side it tends to simplify implementation. And it makes the "public policy case" for governmental investment of resources in the project (the way that the business case for RBC considers the benefit of enterprise investment in human rights). At the same time it might raise the concern that is never far from the core of the civil society critique: that human rights are indivisible etc. Yet, the pragmatic turn here would institutionalize a tolerance in the State for a regime of picking and choosing priority human rights. That would align, interestingly enough, with the way that enterprises prioritize among the Sustainability Development Goals to align with their business or enterprise objectives.The text of the 2024 US NAP and the published "Fact Sheet" (summary) follow below.
Today, the Biden-Harris Administration is releasing the United States’ second National Action Plan (NAP) on Responsible Business Conduct, reflecting a commitment to strengthen and improve respect for human rights and labor rights, expand use of green energy, counter corruption, protect human rights defenders, advance gender equity and equality, and promote rights-respecting use of technology.
President Biden is the most pro-worker President in history, and is committed to building a sustainable global economy from the bottom up and middle out. Together, he and Vice President Harris have committed to promote high labor standards, bring workers’ voices to the decision-making table, and enforce rules against unfair labor practices – not just here at home, but around the world.
The release of this Action Plan reflects an Administration-wide commitment to strengthen responsible business conduct through multi-stakeholder coordination, convenings, economic incentives, regulation, and other activities. While this NAP addresses the full range of responsible business conduct (RBC) issues for U.S. businesses operating and investing abroad, it particularly focuses on expectations for business responsibility to respect human rights, including through effective due diligence in a rapidly changing risk environment.
The NAP sets out this Administration’s expectations for businesses to conduct human rights due diligence (HRDD) across their value chains, grounded in international standards. It underscores that businesses should go further to implement sector-specific standards developed in collaboration with stakeholders that provide credible metrics to meaningfully measure progress on business impact on people across value chains.
The NAP sets out four priority areas of focus, informed by stakeholder consultations, for the United States government to promote and incentivize RBC and accelerate business implementation of effective HRDD practices:
Establishing a Federal Advisory Committee on Responsible Business Conduct:
- The Department of State will use the Federal Advisory Committee on Responsible Business Conduct to strengthen coordination with the private sector, affected communities, labor unions, civil society (including human rights defenders), academia, and other relevant stakeholders on RBC policies, programming, and initiatives.
- The advisory committee will continue progress on RBC issues and can help track NAP implementation.
Strengthening Respect for Human Rights in Federal Procurement Policies and Processes:
- The U.S. Government Hotlines Working Group, chaired by the Departments of Health and Human Services, Homeland Security, and Justice, will identify options for improving methods through which workers and civil society can inform the government of human trafficking violations by federal contractors and sub-contractors.
- The Department of State will pilot a human trafficking risk mapping process for high-risk and high-volume contracts to assist the acquisition workforce and federal contractors conduct due diligence during project design, solicitation, and monitoring.
- The Department of Homeland Security’s Customs and Border Protection (CBP) will draft guidance to direct proactive consideration on a case-by-case basis of suspending and debarring companies from doing business with the federal government whenever CBP issues a penalty under the customs laws for repeated violations or other laws CBP enforces to combat forced labor so that U.S. taxpayer dollars are not going to businesses using forced labor in their supply chains.
- The Department of Defense will conduct a review to evaluate encouraging or requiring membership in the International Code of Conduct Association for Private Security Providers’ Association (ICoCA)—a multistakeholder initiative that provides oversight and certification of private security providers in line with international human rights and humanitarian law standards—for its private security vendors.
Strengthening Access to Remedy:
- The Department of State will strengthen the U.S. National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises on RBC through increased stakeholder engagement. Reforms to the NCP include: the creation of a new advisory body for the NCP; proposing changes to the NCP’s confidentiality policy and updating its rules of procedure; developing one of the first NCP policies on reprisals; improving accessibility of the NCP website; and evaluating options to strengthen the NCP.
- The Department of Labor will develop innovative access to remedy systems through funding a $2 million technical assistance project implemented by the International Labor Organization that promotes worker-driven social compliance and protects labor rights in global value chains.
- The U.S. International Development Finance Corporation (DFC) will strengthen protections against reprisals for groups and individuals using DFC grievance mechanisms by updating its policy commitment, developing internal guidance for responding to allegations of retaliation, and enabling anonymous complaints in DFC grievance mechanisms.
- The Department of the Treasury will advocate for effective remedy systems at multilateral development banks, including the International Finance Corporation and Multilateral Investment Guarantee Agency, for project-affected communities.
- The Export-Import Bank of the United States will engage with the Export Credit Agency on strengthening remedy procedures and will engage in public outreach to solicit input on how to improve access to remedy and the efficacy of project-based grievance mechanisms.
Providing Resources to Businesses:
- The Department of Labor will establish the Responsible Business Conduct and Labor Rights InfoHub, an online repository to communicate an all-of-government point of view, approach and suite of resources to advance labor rights outcomes in business operations and value chains.
- The U.S. government will release guidance for businesses on best practices regarding Tribal Consultation and Engagement with Indigenous and Affected Communities.
- The Department of State this week released U.S. government guidance for online platforms, such as search engines, social media platforms, and other digital services on protecting human rights defenders.
- The Department of State will lead development of guidance to encourage investors to conduct HRDD when considering investments in technologies that could enable or exacerbate human rights abuses.
- The U.S. government will develop additional business advisories for companies, investors, and other stakeholders who do business in or engage in transactions involving specific countries and/or sectors.
Beyond the four priority areas, the NAP includes an appendix that elaborates on certain priority area commitments and lists additional actions the U.S. government will take to advance RBC such as those in the areas of technology, climate, just transitions, worker’s rights, and anti-corruption.
The full text of the NAP can be found on state.gov. Stakeholders are welcome to provide feedback and suggestions at any time via email at RBCNAP@state.gov.
* * *
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The U.S. Government’s National Action Plan on Responsible Business Conduct
Table of Contents
Introduction ......................................................................................................................... 3
Context ................................................................................................................................ 3
Our Commitment ................................................................................................................. 4
Organization of the National Action Plan ............................................................................. 5
Section I: Responsible Business Conduct and Due Diligence ................................................ 6
The U.S. Government Approach to Responsible Business Conduct and Due Diligence ............................ 6
The U.S. Government Expectations for Businesses on Human Rights Due Diligence................................ 7
Section II: Priority Areas of the National Action Plan on Responsible Business Conduct .... 11
Section III: Additional National Action Plan Commitments ................................................ 15
Expanding Engagement and Coordination on Responsible Business Conduct ........................................ 15
Procurement ............................................................................................................................................ 18
Access to Remedy .................................................................................................................................... 21
Technology ............................................................................................................................................... 25
Workers’ Rights ........................................................................................................................................ 30
Environment, Climate, and Just Transitions ............................................................................................. 33
Anti-Corruption ........................................................................................................................................ 37
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Introduction
On December 16, 2016, five years after the United Nations (UN) Human Rights
Council’s unanimous endorsement of the UN Guiding Principles for Business and
Human Rights (UNGPs) and the addition of human rights to the Organization for
Economic Cooperation and Development (OECD) Guidelines for Multinational
Enterprises on Responsible Business Conduct (“OECD Guidelines”), the U.S.
government (USG) issued its first National Action Plan (NAP) on Responsible
Business Conduct (RBC).1 To mark the 10th anniversary of the UNGPs on June 16,
2021, Secretary Antony Blinken announced the USG’s intent to revitalize and
update the NAP. While this NAP addresses the full range of RBC issues for U.S.
businesses operating and investing abroad, it focuses principally on the business
responsibility to respect human rights, including through effective due diligence in
a rapidly changing risk environment.ContextSince the publication of the first NAP, the global landscape for RBC has evolved
significantly. The ongoing genocide and crimes against humanity against Uyghurs
and members of other ethnic and religious minority groups in the Xinjiang Uyghur
Autonomous Region (Xinjiang) of the People’s Republic of China, Russia’s unlawful
full-scale war on Ukraine, and increased misuse of digital technologies to suppress
the exercise of human rights both online and offline, among other major
developments, introduce new risks and considerations for businesses with global
value chains.2 At the same time, crises such as climate change and the COVID-19
1 RBC is a broad concept based on the growing evidence that businesses can perform well while doing good and that governments should create and facilitate the conditions for this to take place. The principles underlying this concept are encompassed in the OECD Guidelines and the UNGPs. They place importance on three aspects of the business-society relationship: (1) emphasizing and accentuating the positive contributions businesses can make to economic, environmental, and social progress; (2) committing to robust due diligence efforts, including identifying and mitigating adverse impacts of business conduct and remedying abuses where they occur; (3) ensuring businesses are aware of and complying with legal obligations within their supply chains both at home and overseas.
2 A business value chain includes entities with which a business has a direct or indirect business relationship and which either (a) supply products or services that contribute to the business’s own products or services or (b) receive products or services from the business.
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The U.S. Government’s National Action Plan on Responsible Business Conduct
pandemic have exposed the fragility of value chains, highlighting the need to
prioritize resilience and sustainability as key components of successful business
models.
In response to these challenges, the USG developed novel approaches to
promoting RBC. The United States established the first rapid response mechanism
for denials of labor rights in the United States-Mexico-Canada Agreement; passed
groundbreaking legislation such as the Uyghur Forced Labor Prevention Act
(UFLPA), the Infrastructure Investment and Jobs Act, and the Inflation Reduction
Act; and expanded the use of traditional tools of statecraft like import and export
controls, sanctions, and visa restrictions to increase protections for human and
labor rights. Under the Biden Administration, agencies across the USG have
pursued policies, initiatives, and programming to promote respect for human and
labor rights, expand the use of green energy, further a just transition, counter
corruption, protect human rights defenders (HRDs), advance gender equity and
equality, and promote rights-respecting technology.
The private sector likewise responded to this changing global landscape by
increasing the quantity and quality of due diligence. Yet, value chain opacity,
traceability challenges, lack of guidance from governments, conflict, and weak
rule of law in many of the countries where businesses operate all make it difficult
for businesses to carry out effective due diligence.Our CommitmentGovernment plays a critical role in creating an enabling environment for
businesses to succeed while upholding the highest standards of conduct. Through
this NAP, the USG commits to leverage our resources to strengthen RBC and
encourage business to address adverse business impacts, including on human and
labor rights and the environment. This commitment includes deepening
engagement with civil society, organized labor, and the private sector; providing
businesses with tools and incentives to conduct due diligence; strengthening
coordination with governments; and applying best practices and lessons learned
to USG operations. By bolstering efforts to conduct effective due diligence,
implementing lessons learned in consultation with affected stakeholders, and
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The U.S. Government’s National Action Plan on Responsible Business Conduct
working with partner governments, we aim to raise standards to achieve better
outcomes for all.Organization of the National Action PlanThe NAP is divided into three sections. Section I focuses on the USG’s approach to
due diligence and expands on our expectations regarding human rights due
diligence (HRDD) as a key component of our broader efforts to promote RBC
globally. Section II details four priority areas that emerged from stakeholder
consultations and summarizes forward looking commitments within these key
areas. Section III contains details on these priority areas and additional
commitments to promote and incentivize RBC.
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The U.S. Government’s National Action Plan on Responsible Business Conduct
Section I: Responsible Business Conduct and Due Diligence
The U.S. Government Approach to Responsible Business Conduct
and Due DiligenceThe USG recognizes the positive contributions U.S. businesses make to
strengthening communities at home and abroad by generating economic growth,
creating jobs, upholding the rule of law, promoting fair labor standards, and
encouraging respect for human rights and the environment. Through its
innovation and development of new technologies, the private sector is at the
center of solving some of society’s greatest challenges. Businesses adhering to
strong RBC practices throughout their value chains both lift standards around the
world and help level the playing field, including for U.S.-based businesses and
workers. The USG regularly works with U.S. businesses to support their RBC
efforts which enables them to continue to play a leadership role on the global
stage. At the same time, the USG takes seriously its duty to protect against
adverse impacts of business activity. We do this by regulating business activity,
strengthening due diligence practices, and providing and facilitating access to
remedies for adverse outcomes.
Regulation of business activity to strengthen RBC can be traced back to 1930,
when President Herbert Hoover signed legislation, now codified as 19 U.S.C. 1307,
that prohibited the importation into the United States of any product that was
mined, produced, or manufactured wholly or in part by convict labor, forced labor,
and/or indentured labor under penal sanctions, including forced or indentured
child labor. In doing so, the United States established a clear stance against forced
labor and laid the groundwork for future efforts to combat forced labor. Almost a
half century later, in 1977, with bipartisan support in Congress, President Jimmy
Carter signed into law the Foreign Corrupt Practices Act (FCPA) to prohibit bribery
of foreign officials by certain business enterprises and individuals and to establish
certain mandatory accounting and bookkeeping practices. This landmark
legislation promoted sound business practices and fostered a level playing field in
international commerce. Many business leaders now appreciate that the FCPA
offers them a measure of protection against foreign corruption. For over four
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The U.S. Government’s National Action Plan on Responsible Business Conduct
decades, the FCPA has served as a global model in the fight to combat official
corruption and promote commercial activity under the rule of law.
Shifting to the present, the UFLPA, signed into law by President Joe Biden in
December 2021, prohibits U.S. businesses from importing goods into the United
States produced either wholly or in part in Xinjiang or produced by entities
identified on the UFLPA Entity List unless the Commissioner of U.S. Customs and
Border Protection (CBP) determines that clear and convincing evidence indicates
that the goods were not produced with forced labor. Recognizing the
overwhelming prevalence of forced labor practices in Xinjiang, the UFLPA
represents another important step forward in advancing the U.S. regulatory
approach to combating forced labor.
Through these laws, the USG incentivizes businesses to conduct due diligence.
Additionally, the USG takes regulatory measures that reinforce and amplify the
USG’s approach to due diligence. Prohibitions against federal contractors and
sub-contractors engaging in trafficking in persons or using forced or indentured
child labor; preferential purchasing for sustainable environmental practices in new
contracts; export controls; and trade laws and regulations are all tools the USG
uses to promote RBC and incentivize due diligence in both the private and public
sectors.The U.S. Government Expectations for Businesses on Human
Rights Due DiligenceThe USG expects businesses to conduct HRDD throughout their value chains in
line with internationally recognized standards set out in the UNGPs and the OECD
Guidelines as well as in the International Labor Organization’s (ILO’s) Tripartite
Declaration of Principles Concerning Multinational Enterprises and Social Policy
(“MNE Declaration”). Businesses should treat these standards and principles as a
floor rather than a ceiling for implementing responsible business practices while
incorporating lessons learned and striving for continuous improvement. Building
up from these standards and principles, businesses should implement sector-
specific standards developed in collaboration with governments, civil society,
labor unions, and businesses. Such standards should provide credible metrics that
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The U.S. Government’s National Action Plan on Responsible Business Conduct
meaningfully measure progress on the impact of businesses on people across
value chains.
Given its centrality to responsible and effective business operations, HRDD should
be an integral part of decision-making and embedded into existing risk
management systems with support from the highest levels of the business. Unlike
due diligence on risks to the business such as financial and market risks, HRDD
focuses on preventing and addressing risks to people. The USG expects all
businesses to conduct HRDD regardless of their size, sector, operational context,
ownership, or structure. Nevertheless, the scale and complexity of the means
through which businesses meet their responsibility to respect human rights
consistent with the UNGPs may vary according to these factors. HRDD is
intertwined with due diligence efforts pertaining to other forms of RBC,
particularly concerning the environment and combating corruption, which may
carry direct and indirect risks related to human rights.
In conducting HRDD, a business identifies, anticipates, prevents, mitigates, and
accounts for how it addresses actual or potential adverse impacts on human
rights. This includes impacts which it may cause, to which it may contribute, or to
which it is otherwise directly linked through a business relationship. Among the
factors that should be considered where impacts are directly linked include the
business’s leverage over the entity concerned, how crucial the relationship is to
the business, the severity and likelihood of the risk of abuse, and whether
terminating the relationship with the entity would have adverse human rights
consequences.
Characteristics of HRDD include:• Metrics to Assess and Address Risks: The amount and depth of due
diligence should be commensurate with the severity and likelihood of an
adverse impact, where more significant risks are prioritized (e.g., due to the
type of product or service involved and/or the operating context).
• Ongoing Assessment, Monitoring, and Evaluation: Iterative, responsive, and
adaptable processes that include monitoring, evaluation, and feedback loops
should verify whether adverse impacts are being effectively addressed and
new potential impacts identified.
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• Consistent Stakeholder Engagement: Ongoing communication with those
whose rights could be affected by the business's activities and organizations
that represent them should guide every step of the due diligence process to
shape understanding of the risks and strengthen access to remedy, including
through effective grievance mechanisms.
• Public Communication: Communication should occur at least annually and
should share business’s commitment to a rigorous internal and external
review of risks as well as adequate measures taken to address these risks.
• Grievance Mechanism: A grievance mechanism to capture feedback on
human rights impacts and risks from affected stakeholders should be secure,
accessible, responsive, and include communication channels for internal and
external reporting of possible misuse of a product or service. Businesses may
also participate in third-party grievance mechanisms such as state or non-
judicial dispute resolution, procedures developed with an independent union
or trade union federation, and/or localized grievance mechanisms. The
mechanism(s) should be legitimate, accessible, predictable, equitable, rights
compatible, and developed in consultation with those for whom it is
intended.
• Alignment With Human Rights Instruments: The review process should be
consistent with the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the OECD Guidelines, the ILO MNE
Declaration, and the UNGPs.
The USG expects businesses to conduct heightened HRDD in conflict-affected
contexts in line with the UN Development Program Guide on Heightened HRDD
for Business in Conflict-Affected Contexts. Businesses should assess the impacts
of their actions not only on people but also on the conflict itself. This means
conducting ongoing conflict analyses that identify the driving dynamics in the
conflict and the main actors involved, especially if those actors have a relationship
to the business. Heightened due diligence should commence as soon as warning
signs of a conflict are present.
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In addition, the USG expects businesses to account for populations that face
disproportionate impacts of business activity in conducting HRDD. Best practice
dictates developing policies to protect HRDs and taking steps to prevent reprisals
against defenders. Throughout their HRDD efforts, businesses should account for
the disproportionate harms business activity can have on marginalized
populations, including women and girls in all their diversity; persons with
disabilities; members of ethnic, religious, linguistic, or racial minority groups;
Indigenous Peoples; LGBTQI+ persons; children; and migrant workers.
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Section II: Priority Areas of the National Action Plan on
Responsible Business ConductInformed by consultations with a wide spectrum of stakeholders from civil society,
labor unions, affected communities, academia, and the private sector, the USG
identified four priority areas with commitments to promote and incentivize RBC
and to accelerate business implementation of effective HRDD practices. These
priority areas complement, and are not intended to repeat, other USG plans and
directives such as the Open Government Partnership NAP; the Presidential
Memorandum on Advancing Worker Empowerment, Rights, and High Labor
Standards Globally (“Global Labor Strategy”); and the NAP to Combat Human
Trafficking.1. Priority Area (1) Establishing a Federal Advisory Committee on Responsible Business Conduct: The USG considers coordination with nongovernmental stakeholders to be a foundational principle of RBC and a core operating principle for democratic societies. To enable the USG to better coordinate policies, programming, and initiatives related to RBC, including business and human rights (BHR), with the private sector; affected communities; labor unions; civil society, including HRDs; academia; and other relevant
stakeholders, the U.S. Department of State (“State”) has established a
Committee on RBC pursuant to the Federal Advisory Committee Act. The
RBC Advisory Committee will enable expert stakeholders to advise the USG
on pressing issues such as HRDD, the implementation of the OECD
Guidelines, critical minerals, and other relevant RBC topics. The RBC
Advisory Committee will further serve as a venue for follow-up on NAP
implementation and will continue building upon progress made throughout
the NAP process long after its publication.
2. Priority Area (2) Strengthening Respect for Human Rights in Federal
Procurement Policies and Processes: As the largest single purchaser of
goods and services in the world with more than $700 billion in spending last
year alone, the USG has unique leverage to protect human rights in federal
supply chains. The United States has long had a policy of prohibiting
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government employees and contractor personnel from engaging in
trafficking in persons and procuring products made with forced or
indentured child labor. The efficacy of this policy was strengthened in 2015
when a Federal Acquisition Regulation (FAR) rule, titled “Combating
Trafficking in Persons,” was updated to implement trafficking-related
prohibitions for federal contractors and subcontractors.
Through this NAP, the USG commits to strengthen implementation of the
existing regulations that prohibit human trafficking, trafficking-related
activity, and forced or indentured child labor. To better identify violations of
these prohibitions in the FAR, the USG will complete a review of reporting
mechanisms as set forth in priority action 4.4.7 of the NAP to Combat Human
Trafficking and will thereafter identify options for improving methods
through which workers and civil society can inform the USG of human
trafficking violations by federal contractors and subcontractors. In addition,
State will pilot a new human trafficking risk mapping process for high-risk and
high-volume contracts to assist the acquisition workforce as well as federal
contractors to conduct greater due diligence during project design,
solicitation, and monitoring . See Section III for additional details.
3. Priority Area (3) Strengthening Access to Remedy: Among the three pillars
of the UNGPs, implementation of the third pillar, access to remedy, has been
the weakest. The USG commits to strengthen access to remedy and to
enable communities affected by USG investments or who utilize USG
dispute mechanisms to access remedy safely and without reprisal. 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, all of which are further elaborated upon in Section
III:• 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;
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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.
• U.S. Department of Labor (DOL): DOL will develop innovative access to remedy systems through funding a $2 million technical assistance project implemented by the ILO that promotes worker-driven social compliance and protects labor rights in global value chains.
• U.S. International Development Finance Corporation (DFC): DFC will strengthen protections against reprisals for groups and individuals through an updated policy commitment, developing internal guidance for responding to allegations of retaliation, and enabling anonymous complaints in DFC grievance mechanisms.
• U.S. Department of the Treasury (“Treasury”): Treasury will advocate for effective remedy systems at multilateral development banks, including the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA), for project-affected communities, which includes robust responsible exit principles.
• Export-Import Bank of the United States (EXIM): EXIM will engage with Export Credit Agency (ECA) counterparts on strengthening remedy procedures and will engage in public outreach to solicit input on how to improve access to remedy and the efficacy of project-based grievance mechanisms.
4. Priority Area (4) Providing Resources to Businesses: As U.S. businesses seek to conduct effective HRDD, they must contend with different regulatory
environments; country- or sector-specific risks; and expectations from
investors, consumers, and the government. To provide clear guidance to
businesses so they may develop informed policies and practices, the USG
will establish the RBC and Labor Rights InfoHub, an online repository to
communicate an all-of-government point of view, approach, and suite of
resources to advance labor rights outcomes in business operations and value
chains. DOL will develop this resource and encourage its dissemination
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across the USG. Under the NAP, new guidance beyond labor rights will be
developed such as due diligence guidance for investors considering
investments in technologies that could enable or exacerbate human rights
abuses and business advisories for companies, investors, and other
stakeholders who do business in or engage in transactions involving specific
countries, regions, or sectors with heightened human rights risk. This week,
we released U.S. Guidance for Online Platforms on Protecting Human Rights
Defenders Online and will soon release guidance on Tribal Consultation and
Engagement With Indigenous and Affected Communities.
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Section III: Additional National Action Plan CommitmentsThe following list of commitments elaborates on certain priority area
commitments and lists additional actions the USG will take to advance RBC.
Expanding Engagement and Coordination on Responsible Business
Conduct
Given the cross-cutting nature of RBC issues today, coordination and
communication between the USG, rights-holders, the private sector, civil society,
labor unions, and academia will be critical to continue advancing RBC and
enabling businesses to conduct HRDD. The following commitments seek to build
on the momentum generated by the NAP by establishing new processes,
practices, and mechanisms to continue RBC engagement after NAP publication.Table 1: Expanding Engagement and Coordination on Responsible
Business Conduct CommitmentsAgency Commitment
Department of State: State will evaluate and assess the impact of potential approaches
to implementing RBC Reporting Requirements, which would build
on previous models of public reporting related to HRDD and RBC-
related issues. The United States and other governments have
employed a range of models for public reporting on RBC, noting
both challenges companies face in providing information that may
be sensitive, confidential, or involve security or other such risks.
Public reporting is an integral part of robust HRDD, and State will
work with other agencies to identify approaches that can build on
lessons learned to assess potential model(s).
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Agency Commitment
Department of State: (in coordination with other government agencies) State, in coordination with other government agencies, will deploy appropriate tools, including economic sanctions, visa restrictions, and export control measures, to promote
accountability for relevant actors for BHR-related abuses. The USG maintains and implements several tools to promote accountability for individuals and entities that are responsible for actions that run counter to RBC principles, including human rights
abuses, labor abuses, corruption, and wildlife and timber trafficking. These tools apply a range of specific pressures and impacts, including denying officials the right to enter the United States, restricting export privileges, and blocking assets.
Department of State (in coordination with other government agencies): State will coordinate with other government agencies, businesses, civil society, labor unions, and other relevant stakeholders to produce additional business advisories, where appropriate, to
inform businesses and individuals about risks associated with events and developments in particular countries, regions, or sectors. These business advisories provide information that can help inform business decision-making, including in areas that are not subject to sanctions, export controls, or other mandatory restrictions.
Department of State; State will launch a BHR training for Department officers. This
training will help DC-based and embassy personnel understand what BHR is, why it is integral to U.S. foreign policy, and how BHR issues may present in their work.
Department of State: State will strengthen policy coordination around BHR with other
governments. This will include greater information-sharing and consultations with other governments as well as consideration of joint policy initiatives around topics of mutual interest.
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Department of State: State will leverage its Chairship (Chair through May 2025) of the
Voluntary Principles on Security and Human Rights Initiative (VPI) to make meaningful governance reforms and expand membership of the Initiative to include other land-intensive industries. The VPI is a multistakeholder initiative that provides guidance to companies
on providing security for their operations in a manner that respects human rights.
Department of State: Under the Global Initiative to Galvanize the Private Sector as
Partners in Combating Corruption (GPS), State’s Bureau of International Narcotics and Law Enforcement (INL) will develop tools for increasing integrity in due diligence. These tools will support harmonization and streamlining of anti-corruption, human rights, labor, and environmental due diligence processes.
U.S. Agency for International Development: Through the Public-Private Alliance for Responsible Minerals Trade (PPA), the U.S. Agency for International Development (USAID) will promote increased alignment of industry operations and governance mechanisms to the OECD Guidance and local governance expectations; amplify insights from high-quality
independent data that identify key barriers to impactful due diligence; and test and analyze solutions to these challenges. The PPA is a global partnership between civil society, the USG, and the private sector to leverage members’ knowledge, networks, and experience to inform global responsible minerals sourcing.
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ProcurementThe USG has immense leverage to incentivize RBC through its procurement
processes. U.S. prohibitions on human trafficking and child labor in federal supply
chains have been pivotal to the effort to prevent U.S. taxpayer dollars from
enabling human and labor rights abuses. The following commitments strengthen
implementation of these regulations and expand areas through which the USG
may be able to promote and incentivize RBC by government contractors and
subcontractors.Table 2: Procurement CommitmentsAgency Commitment
Department of State: State’s Office to Monitor and Combat Trafficking in Persons and the Bureau of Overseas Building Operations will partner together to pilot a new human
trafficking risk mapping process for acquisition personnel aimed at assessing
and preventing risks during the design, solicitation, and monitoring of State
construction contracts. Learnings will be used to apply to broader
procurement efforts within State, especially contracts of high risk and high
volume, and will be shared with the interagency.
Department of Defense: The U.S. Department of Defense (DoD) will conduct a review to evaluate the value of encouraging or requiring membership in the International Code of
Conduct Association for Private Security Providers’ Association for its private
security company (PSC) vendors as part of its commitment to continuously
reviewing, updating, and strengthening its policy and oversight for contracted
private security functions. While DoD already has a third-party certification
requirement in place for its private security contractors, ongoing evaluation and
review of options will ensure DoD continues to uphold its commitment to
strengthening PSC oversight structures and incentivizing PSCs to engage in RBC.
Department of Homeland Security: The U.S. Department of Homeland Security (DHS), CBP will draft guidance to direct the proactive consideration on a case-by-case basis, suspension and debarment whenever CBP issues a penalty under the customs laws for
repeated violations of 19 U.S.C. § 1307 or other laws CBP enforces to combat
forced labor. The guidance will also encourage consideration of suspension and
debarment on a case-by-case basis when CBP issues withhold release orders
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(WROs) or Findings against entities or individuals. Suspension and debarment
actions prevent agencies from contracting or engaging in other covered
transactions directly with an entity or individual who is not presently
responsible to do business with the federal government. Suspension and
debarment also prevents contractors already in the federal marketplace from
subcontracting with excluded entities.
Federal Acquisition Regulatory Council: The Federal Acquisition Regulatory Council, consisting of the Office of Federal Procurement Policy, the General Services Administration, DoD, and the National Aeronautics and Space Administration, will consider regulatory
changes to reduce or eliminate the ability of federal contractors to contract
with subcontractors who have been debarred, suspended, or proposed for
debarment. FAR 9.4052(b)’s $35,000 exemption threshold for subcontracting
with contractors debarred, suspended, or proposed for debarment will be
reviewed. In conjunction with increased consideration of suspension or
debarment for entities subject to WROs, regulatory changes may not only help
ensure entities subject to WROs take corrective action but will also help
prevent items made with forced labor from being procured with federal dollars.
Department of Labor: Labor’s Bureau of International Labor Affairs (ILAB) will make it easier for contractors to identify “high-risk” sectors for federal contracts by
standardizing naming conventions between their lists and those in the FAR
and improving access for contractors to a designated ILAB webpage with
information about USG resources, including ILAB’s child labor and forced
labor reports. The technical amendment will harmonize naming conventions
between the FAR and DOL to eliminate confusion. The webpage will make
information more accessible to those in the contracting and procurement
communities.
Department of Labor: ILAB will map the “List of Goods Produced by Child Labor or Forced Labor” to Product Service Codes (PSC) and country information to increase use by the acquisition workforce. DOL maintains the “List of Goods Produced by Child
Labor or Forced Labor” to raise public awareness about forced labor and child
labor around the world and to promote efforts to combat them; it is not
intended to be punitive, but rather to serve as a catalyst for more strategic and
focused coordination and collaboration among those working to address these
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problems. Mapping the named products to PSC will facilitate analysis of
procurement data by country of origin and additional protections, such as those
outlined in M-20-01, Anti-Trafficking Risk Management Best Practices &
Mitigation Considerations, and could be imposed in awards with heightened
risk of forced labor issues.
Department of State: INL, in partnership with the OECD and under the GPS, will increase integrity in public supply chains by developing a best practice toolbox built on OECD
standards for risk-based due diligence, public procurement, and integrity.
This toolbox will bring together suppliers, public buyers, and integrity public
officials in a trustworthy environment to define practical steps businesses and
governments can take to increase integrity in supply chains.
Senior Policy Operating Group’s Procurement & Supply Chains Committee:
The Senior Policy Operating Group’s Procurement & Supply Chains Committee
will facilitate the production of a video informing workers of their rights
under federal government contracts and subcontracts, with information
about where and how to report violations.
Hotlines Working Group: The Hotlines Working Group chaired by the Department of Health and Human Services (HHS), DHS, and the Department of Justice will coordinate within the interagency to identify options for improving methods through which workers
and civil society can inform the USG of potential human trafficking violations
in federal contracts after completing its ongoing review of reporting
mechanisms as set forth in Priority Action 4.4.7 of the NAP to Combat Human
Trafficking.
Department of Health and Human Services: HHS will work with industry partners, civil society, unions, individuals with lived experience, and other subject matter experts to develop and make available a suite of sector-specific tools, including online training,
recommendations, model policies, and a resource portal, to prevent forced
labor, human trafficking, and related practices in the supply chains (including
purchased services) of U.S. health systems and public health institutions,
pursuant to the Trafficking Victims Protection Act of 2000 (TVPA), as amended
by the National Defense Authorization Act for Fiscal Year 2013, and Federal
Acquisition Regulation Subparts 22.15 and 22.17.
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Access to RemedyThe third pillar of the UNGPs provides there should be access to effective remedy
for business-related human rights abuses. The United States recognizes the value
of effective grievance mechanisms and is committed to strengthening USG-based
grievance mechanisms. The following commitments seek to strengthen access to
remedy for communities and workers, including those who may be adversely
affected by business activity and projects funded by the USG.Table 3: Access to Remedy CommitmentsAgency Commitment
Department of State: 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 subject-matter experts to work alongside and in addition to our mediators.
Promoting “high-road”3 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
3 For the purposes of the NCP, “high-road” corporate practices include, but are not limited to, providing well-paying, safe, healthy, and decent jobs, respecting labor rights, and implementing joint worker-management initiatives that advance compliance with labor rights both domestically and abroad.
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Agency Commitmentappropriate, in Final Statements that address concerns raised, promote high-
road 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
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Agency Commitmentplanned subcommittee. Our aims will include strengthening access to remedy,Department of Labor: ILAB will fund a project to improve the implementation of worker-driven social compliance systems that promote fundamental labor rights and
demonstrating USG implementation of the UNGPs and the OECD Guidelines,
and furthering the Biden Administration’s Global Labor Strategy.
acceptable conditions of work, including the elimination of forced labor, in
supply chains. Piloted in the Indonesian palm oil sector, this project will create
or refine a model for social compliance systems that can be replicated in other
countries and sectors to help ensure that workers have a say in securing for
themselves fair working conditions. The duration of this project will be three
years.
International Development Finance Corporation: DFC will strengthen protections for individuals and groups voicing complaints and enhance its capacity to respond when retaliation does occur. DFC will codify its commitment to zero tolerance for retaliation in its updated Environmental and Social Policy and Procedures (ESPP); develop and
implement internal guidance for responding to allegations of retaliation; and
ensure existing DFC complaints mechanism procedures enable anonymous
complaints.
Department of the Treasury: Treasury will advocate for an effective remedy system at multilateral banks, including IFC and MIGA, which includes robust principles on “responsible exit.” This advocacy will inform IFC and MIGA’s development of the “IFC/MIGA Approach to Remedial Action.” This approach seeks to minimize the
occurrence of environmental and social harm in IFC and MIGA projects
through improving the implementation of environmental and social
safeguards, while also supporting remedial action to communities to address
harm when needed.
Export-Import Bank of the United States. EXIM will solicit public input on how to strengthen the effectiveness of project-based grievance mechanisms. This will include outreach to interested stakeholders and an opportunity for the public to provide feedback on this subject. This feedback will inform the agency’s efforts to work with other
export credit agencies in establishing improved standards for project-based
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grievance mechanisms as well as its own evaluation of the adequacy of such
mechanisms in the project context.
Export-Import Bank of the United States: EXIM will engage with ECA counterparts on ways to strengthen best practices around access to remedy. Working through the OECD Common Approaches and the Equator Principles, EXIM will review and look to improve the ability for local communities to have meaningful access to remedy.Page 25 of 39
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Technology
As a leader in scientific development, technological progress, and business
innovation, the United States plays a critical role in advancing respect for
democracy and human rights in the design, development, governance, and use of
technology and continues to work to advance an open, interoperable, secure, and
reliable Internet. Through our engagement with businesses and with multilateral
and multistakeholder initiatives, the USG can further a free, open, and secure
digital ecosystem aligned with respect for democratic principles and human rights,
while countering the misuse of technology globally from artificial intelligence-
powered mass surveillance and censorship at scale to violations of privacy
through targeted cyber intrusions without proper safeguards or legal authorities.
The following commitments leverage diplomatic tools and initiatives to strengthen
respect for democracy and human rights in the technology sector.Table 4: Technology Commitments
Agency Commitment
Department of State: State will lead an interagency task force to drive outreach to international partners on issues regarding content authenticity and provenance. The task
force will build on diplomatic efforts to internationalize the U.S. voluntary
commitments to ensure safe, secure, and trustworthy AI and to solidify broad
global consensus on an international approach to AI technologies. State will
lead the task force to accomplish the following objectives:1) Develop and promote a global norm for countries to detect AI-generated
synthetic content and label authentic government-produced content;
2) Discuss and develop mechanisms to share information and best practices
on content authentication and synthetic content detection, leveraging
existing platforms and dialogue structures;
3) Advance support for developing countries and civil society to conduct
content authentication and provenance, including providing technical
consultations, exchanges, and assistance;
4) Encourage engagement by foreign partners in the U.S. Department of
Commerce’s (“Commerce’s”) process around standards, tools, methods,
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and practices for content authentication, identification, and labelling, as
well as preventing the use of AI models to generate nonconsensual
intimate images; and
5) Support engagement with international standards bodies to encourage a
common global content authentication standard.
U.S. Agency for International Development: USAID will launch a five-year Advancing Digital Democracy (ADD) program in 2024. The program will strengthen rights-respecting digital ecosystems to promote the use of technology and data to advance rather than undermine democratic values and human rights. A key objective for ADD is to increase the
extent to which human rights considerations are embedded in the design,
development, deployment, use, and procurement of digital technologies. To
achieve this key objective, ADD will support multistakeholder approaches that
strengthen networks among government, civil society, academia, technology
professional associations, consumer rights groups, and local private sectors and
increase their capacity and resources to grow rights-respecting digital
economies in USAID partner countries.
Department of Commerce: The National Telecommunications and Information Administration (NTIA), a bureau within Commerce, will publish a report on creating mechanisms for earned trust in AI systems. NTIA published a Request for Comment in 2023
and is using this feedback and discussions with stakeholders to write the report.
The report will address audits, assessments, certifications, and other
mechanisms that can help provide assurance an AI system is trustworthy.
Department of State: State will internationalize efforts related to responsible government design, development, use, procurement, and deployment of AI through
multistakeholder and multilateral initiatives. State will engage with the
Freedom Online Coalition (FOC) to develop a pledge on responsible
government development, use, and procurement of AI and will work with FOC
members to develop new workstreams to promote knowledge-sharing among
member governments to operationalize responsible AI principles. State will
also continue to engage with the various regional and international
organizations active in those efforts, including the International
Telecommunication Union and its AI for Good platform-related efforts, as well
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as the UN Educational, Scientific and Cultural Organization (UNESCO), including
UNESCO’s implementation efforts in the public and private sectors for its
Recommendation on the Ethics of AI to help advance human rights-based
approaches to the development of AI systems and mitigate potential risks of
the misuse of AI, including in procurement.
Department of State: State will designate staff as human rights and technology officers to increase engagement at key multilateral fora, as part of related State and U.S.
interagency workstreams, and at bilateral cyberspace and digital policy
dialogues. These officers will advance innovative development, application,
and rights-based governance of AI systems and other technologies.
Department of State: State will further implementation of the Export Controls and Human Rights Initiative Code of Conduct ("Code"). State will lead a multilateral discussion
with Subscribing States to further identify, define, and share best practices in
implementing the UNGPs as part of the Code.
Department of State: State, in consultation with relevant interagency partners, will lead
development of guidance to encourage investors to conduct HRDD when
considering investments in technologies that could enable or exacerbate
human rights abuses. State, in consultation with civil society, including labor
organizations, and private equity and venture capital investors, will develop
guidance to discuss downstream risk factors associated with the misuse of
technology, potential safeguards throughout the product lifecycle, how
investors can influence business decisions in companies whose technologies
have been proven to enable human rights abuses if used improperly, and best
practices in conducting HRDD.
Department of State: State will designate a labor and AI expert to increase engagement on the impact of AI throughout labor-related workstreams. The expert will consult
with regional and functional teams on opportunities to increase attention to
the impact of AI on internationally recognized labor rights, workplace safety,
worker well-being, and labor rights issues arising within the AI value chain such
as in data labeling and content moderation across multiple State workstreams.
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Department of State: State, in its implementation of the U.S. Strategy to Prevent and Respond to Gender-Based Violence Globally, will engage with the private sector to
identify solutions to technology-facilitated gender-based violence (TFGBV)
through the Global Partnership for Action on Gender-Based Online
Harassment and Abuse (“Global Partnership”). The Global Partnership focuses
its work on three strategic objectives: advance national, regional, and
multilateral policies; scale programming and resources; and strengthen the
evidence base for preventing and responding to TFGBV. The Global Partnership
will engage the private sector, including technology platforms, through
expansion of its multistakeholder Advisory Group and through a series of
dialogues to increase shared understanding of and identify solutions to TFGBV
in line with the Global Partnership’s three strategic objectives.
Department of State: State will launch a new program, “Safe Online: Empowering Women in the Digital Economy,” to address risks of TFGBV facing women in business and the
obstacles to women’s inclusion in the digital economy in Armenia and
Georgia. In partnership with local organizations in each country, the program
will encourage governments and private companies to implement online TFGBV
and sexual harassment policies to improve the enabling environment for
women in business. This program is supported by the Gender Equity and
Equality Action Fund.
Department of State: State will work with Treasury to convene an interagency working group to strengthen human rights safeguards that apply to multilateral development
bank funded telecommunications infrastructure projects.
Department of State: State will engage with Internet Service Providers (ISPs) on best practices for how ISPs can mitigate risks of Internet shutdowns. These best practices will
be developed through a multistakeholder group focused on network
restrictions or disruptions and will be promoted multilaterally.
Department of State: State is releasing U.S. Guidance for Online Platforms on Protecting HRDs. The USG, building upon joint guidance released with the European Union through
the U.S.-EU Trade and Technology Council, is publishing detailed guidance for
online platforms on how companies can effectively collaborate and coordinate
with civil society and other relevant stakeholders to identify, address, mitigate,
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prevent, and enable access to remedies for online threats and attacks against
HRDs.
Department of Labor: DOL will explore the effects of the digitalization of the labor market on workers’ rights and identify best practices for companies to address negative
impacts. Digitalization of the labor market holds significant potential to
increase productivity, safety, and accessibility for workers but also presents
potential risks for workers, including algorithmic bias and non-transparency
surrounding automated systems. DOL will engage in efforts to identify best
practices for companies to understand and address these impacts, such as
adopting measures for companies to provide relevant information to workers
on company use of automated systems and promoting among companies the
creation of communication channels where workers and their representatives
across enterprises can exchange information on the use of automated systems
in the world of work
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Workers’ Rights
Promoting internationally recognized labor rights, including freedom of
association and the right to not be subjected to forced labor, is key to achieving
inclusive growth, enhancing stability, and leveling the playing field for U.S.
workers and businesses. The USG regularly leverages its diplomatic engagement,
trade policy, programming, and reporting to foster respect for internationally
recognized labor rights and help develop commitments by key stakeholders to
respect these rights. This includes a steadfast commitment to promoting RBC
both domestically and internationally.
Moreover, the establishment of the Global Labor Strategy significantly bolsters our
efforts in this regard. Through this initiative, the USG will better coordinate its
resources and initiatives to address emerging labor rights issues comprehensively.
The following commitments seek to strengthen USG capacity to engage on
emerging labor rights issues and strengthen implementation of measures that
combat the use of forced labor.
Table 5: Workers’ Rights Commitments
Agency Commitment
Office of the U.S. Trade
Representative
The Office of the U.S. Trade Representative (USTR) will address forced
labor in traded goods and services by establishing a Forced Labor Trade
Strategy to identify priorities and establish an action plan for utilizing
existing and potential new trade tools. USTR will conduct an interagency
review across the USG through the Trade Policy Staff Committee's
Subcommittee on Trade, Forced Labor, and Child Labor to examine existing
trade policies and tools used to combat forced labor, including forced child
labor, in order to identify areas that may need to be strengthened and gaps
that may need to be filled. USTR will use this analysis to establish objectives,
priorities, new tools, and key action items to advance development of the
strategy. The process will maximize input from stakeholders, including
victims; labor and human rights organizations; civil society; and the private
sector.
Department of Labor DOL will work toward enabling informal mining operations to better meet
international standards by piloting innovative strategies to develop
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traceability initiatives that facilitate companies’ legal purchase of artisanal
and small-scale mining (ASM) cobalt under internationally recognized
standards from mining cooperatives from the Democratic Republic of the
Congo and other countries. DOL technical assistance projects will support
efforts to improve ASM sector mining operations’ compliance with national
laws and regulations, meet international standards, and standardize safety
and labor protections in the sector.
Department of
Homeland Security
DHS will convene biannual stakeholder engagements on the
implementation of the UFLPA Strategy to enhance its ability to be
responsive to external stakeholder input. These meetings will include
stakeholders from the private sector and civil society and will provide key
Forced Labor Enforcement Task Force updates on efforts related to the
UFLPA Entity List, UFLPA Strategy Updates, diplomatic outreach, and CBP
enforcement of the UFLPA rebuttal presumption. Meetings will incorporate
a robust discussion on ways to improve RBC with regards to the
implementation of the UFLPA in the United States and among international
partners.
Department of
Homeland Security
CBP and Homeland Security Investigations (HSI), the Center for Countering
Human Trafficking’s newly established Forced Labor Investigations Unit,
will improve information sharing with the aim to increase the number of
WROs and Findings as well as criminal investigations into allegations of
forced labor. Increased information sharing will enhance the relationship
between HSI and CBP, which will improve CBP’s ability to identify and prevent
the entry of products made with forced labor into the United States through
the use of WROs and Findings and to enhance HSI investigations into
importers who knowingly violate U.S. trade laws and/or benefit from forced
labor.
National Oceanic and
Atmospheric
Administration
The National Oceanic and Atmospheric Administration, in coordination
with the Departments of State and Labor, will continue to promote the
adoption of international labor standards for crew and observers in
international fisheries management bodies. These standards include
provisions to ensure that crew have safe, legal, and sanitary conditions
aboard fishing vessels and receive adequate remuneration for their work.
The standards also call for legal and fair recruitment processes.
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U.S. Agency for
International
Development
USAID will build on its work to advance worker empowerment, human
rights, and labor standards through its Global Labor Programming. The
program, implemented by the Solidarity Center, Solidar Suisse, and
Sightsavers, will work with local civil society partners and trade unions to
improve working conditions for marginalized workers; expand fundamental
labor rights and social protections for workers; and strengthen the resiliency
of trade unions and worker organizations to advocate for better wages and
working conditions.
Department of State
State will encourage high labor standards globally by promoting
agreements and frameworks between businesses and worker organizations
that ensure respect for labor rights. Through diplomacy, State will elevate
and encourage social dialogue between businesses and labor organizations,
including with independent and democratic trade unions, and promote high-
road or best practices such as enforceable agreements between parties to
safeguard rights and promote high labor standards in supply chains, sectors,
or industries.
Department of Health
and Human Services
HHS will launch new resources under its Look Beneath the Surface (LBS)
public awareness and outreach campaign on trafficking in persons specific
to migrant farmworkers. The LBS campaign encourages help-seeking
behaviors among people who may be at risk for or experiencing human
trafficking and the professionals who engage with them.
Department of Labor: ILAB will launch an online RBC and Labor Rights Information Hub to communicate a clear point of view, expectations for RBC, and a whole-of
government approach to labor rights throughout business operations and
supply chains of U.S. companies. The RBC InfoHub will provide a central
repository of USG agency guidance, tools, and resources to facilitate and
incentivize adoption of effective corporate accountability models and
practices relevant to labor rights outcomes in business supply chains as well
as with U.S. government procurement and accountability officers to facilitate
efforts to conduct due diligence.
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Environment, Climate, and Just Transitions
Climate change and environmental degradation or damage can exacerbate
existing risks to the enjoyment of human rights, livelihoods, food security, health
of populations, poverty, displacement, and civil and interstate conflict and
disproportionately affect marginalized populations. Increasingly, businesses are
integrating environmental, social, and governance standards into their decision-
making, responding to these challenges as well as emerging requirements for
disclosures and value chain transparency related to emissions or other
environmental impacts. The following commitments are intended to address
environmental impacts of business activity and work toward just transitions that
addresses displacement, respect for human rights, and access to meaningful
livelihoods.Table 6: Environment, Climate, and Just Transitions Commitments
Agency Commitment
International Development Finance Corporation: DFC will update its ESPP by clarifying its clients’ responsibilities in assessing supply chains with high risks of child labor and forced labor, significant health and safety issues, or significant conversion of critical
forest areas or critical natural habitat in order to promote due
diligence. Through this update, clients will better understand DFC
expectations with respect to identifying and managing risks in their
supply chains, and DFC will be better positioned to assess supply chain
risks to mitigate harm.
International Development Finance Corporation: DFC will enhance stakeholder engagement by enabling robust and diverse public comment on proposed policy changes to its ESPP. To ensure that the ESPP revision process is inclusive of a diverse set of
stakeholders and interests, DFC will continue to provide sufficient notice
and opportunities for public comment on changes to its ESPP.
Department of State: DRL, through the Office of Global Programs and Initiatives, will award grants for work related to just transitions, focusing on the nexus of
climate and labor rights. Climate change has affected labor rights
worldwide, including through the loss of agricultural land, pollution,
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heat, and reduced occupational safety and health standards. The grants
will be aimed at supporting projects that address the nexus of climate
and labor rights such as programs to assist workers to adapt and to learn
new skills needed as companies adopt greener technology to address
climate issues and carbon emissions.
Office of the U.S. Trade Representative: USTR will advance environmental sustainability at home and abroad by prioritizing trade policies that are resilient, sustainable, and inclusive in
the implementation of its framework to advance environmental
sustainability. USTR will leverage trade policy tools and associated
cooperation to advance environmental sustainability and support
mitigating the impact of the climate crisis on underserved and
overburdened communities, including by pressing trade partners to
continually reassess domestic policies to ensure they provide for high
levels of environmental protection.
Department of State, in partnership with the Department of Agriculture: State, in partnership with the U.S. Department of Agricultures’ Forest Service, will implement a program in Free Trade Agreement (FTA) partner countries to increase capacity at seed banks and nurseries to promote women’s leadership and expertise. This project, Safeguarding
the Future: Promoting Gender Equity and Equality and Climate Action
Through Seed Banks and Nurseries, will provide opportunities for
women through training, education, and networking. The project will
enhance the implementation of climate adaptation measures through
nature-based solutions and further women’s technical knowledge and
transferable skills to provide them advancement opportunities in
existing seed banks or nurseries and/or help them to start their own
enterprises.
Department of State: State, through its embassies and its Bureau of Oceans and
International Environmental and Scientific Affairs’ (OES’) Office of
Environmental Quality (ENV), will engage in outreach aimed at
increasing civic participation in the environmental submissions
mechanisms established by FTAs and operated in connection with FTAs’
secretariats on environmental enforcement matters. State’s ENV and
its embassies located in relevant FTA partner countries – Colombia,
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Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Peru,
and the Dominican Republic – will find innovative ways to disseminate
information on existing environmental submissions mechanisms and will
explore opportunities to build capacity in underserved communities
(e.g., rural regions, ethnic minorities, communities with low and no
Internet connectivity) so they are aware these mechanisms exist and
understand their use. The secretariats and related submissions
processes promote the effective enforcement of environmental laws,
provide an opportunity for civic participation in environmental decision-
making, and promote transparency in environmental governance.
U.S. Agency for International Development: USAID will elevate the role of workers, unions, and community leaders in just transition initiatives and work with partners to ensure labor organizations, trade unions, and impacted communities meaningfully
participate in energy transition planning. USAID will support partners
to pursue ambitious and equitable mitigation efforts to advance just
transitions that will have economic, health, ecological, and social
benefits. Such mitigation efforts will use an inclusive approach that
empowers a broad range of stakeholders, including the labor movement
and marginalized and underrepresented groups, to ensure shared and
sustained outcomes as well as limit any negative impacts.
Department of State: OES, through its informal interagency working group to reduce
violence against environmental defenders, will hold a series of
meetings to identify and disseminate good business and investment
practices that can reduce and, ideally, prevent violence against
environmental defenders. These meetings will include relevant
stakeholders including members from civil society organizations and
businesses. The identified good business and investment practices will
ultimately be shared within the USG.
Department of Health and Human Services:HHS’s Office on Trafficking in Persons (OTIP) in the Administration for Children and Families (ACF) will develop a microlearning module
tailored for ACF grant recipients, which provides information about
administrative flexibilities available to respond and recover from
climate-mediated events and other natural disasters. The
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microlearning will also give considerations for implementing programs
through an environmental justice lens (e.g. developing a meaningful,
demonstrable, and ethical outreach plan to address the impact of
climate change on trafficking risk and vulnerability within underserved
communities).
Department of Health and Human Services: OTIP will refresh SOAR Disaster Management: Preventing and Responding to Human Trafficking for the broader anti-trafficking field based on emergent insights. This online training module equips disaster
management professionals with the information and resources they
need to prevent, identify, and respond to human trafficking during and
after disasters or emergencies, including mitigating forced labor during
recovery and reconstruction efforts.
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Anti-Corruption
Globally, corruption saps economic growth, hinders development, destabilizes
governments, undermines democracy, and provides openings for dangerous
groups such as criminals, traffickers, and terrorists. The USG coordinates across
the globe to prevent graft, strengthen investigation and prosecution of
corruption, promote transparency and accountability, and empower civil society
and independent media to expose corruption and advance reforms. This makes it
harder for criminality and terrorism that affect U.S. security to take root and
spread; promotes more democratic, stable governments as partners for the
United States; and levels the playing field for U.S. businesses to compete
internationally. The following commitments reflect the U.S. whole-of-government
approach in addition to those detailed in the U.S. Strategy on Countering
Corruption.Table 7: Anti-Corruption Commitments
Agency Commitment
Department of the Treasury: Treasury’s Financial Crimes Enforcement Network (FinCEN) will advance a rulemaking effort to increase the transparency of the U.S. real estate sector.
On February 7, 2024, FinCEN issued a Notice of Proposed Rulemaking that
aims to address the systemic money laundering vulnerabilities associated
with the U.S. real estate sector and, consequently, the ability of illicit actors
to launder, store, or move criminal proceeds through purchases of real
estate. This effort aims to increase the transparency of the U.S. real estate
sector, making it more difficult for illicit actors – including corrupt officials,
criminal organizations, drug and human traffickers, and others – to launder,
move, or store ill-gotten gains through the misuse the U.S. real estate sector.
Department of the Treasury: Treasury will continue to implement the Corporate Transparency Act (CTA) [ed: BUT SEE HERE] to enhance beneficial ownership transparency for legal persons in the United States. The continued implementation of the FinCEN rule on
beneficial ownership information reporting provisions and the revision of
FinCEN’s 2016 Customer Due Diligence Rule will aid in the
implementation of the CTA and strengthen beneficial ownership transparency
for legal persons, such as shell and front companies, in the United States to
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prevent their misuse by illicit actors. On January 1, 2024, FinCEN launched a
beneficial ownership filing system pursuant to the CTA. Under this new
framework, many companies operating in the United States are now required
to report information to FinCEN about their beneficial owners – in other
words, the real people who own or control them. This effort will make it
more difficult for illicit actors – including corrupt officials, terrorist financiers,
criminal organizations, and drug and human traffickers – to misuse opaque
corporate structures like shell companies to launder the proceeds of crime.
Department of State: State, in partnership with OECD and under the GPS, will hold a Trusted Dialogue Series on Getting Influence Right. This effort aims to identify core
principles of responsible corporate political engagement and produce a set of
guidelines, Principles on Responsible Political Engagement for the Private
Sector, which will clarify what policies could be implemented to manage and
prevent conflict of interest, ensure integrity in lobbying practices and political
financing, and uphold the transparent and neutral use of data to inform
advice to policymakers.
Department of State: State, in partnership with the OECD and CoST – the Infrastructure
Transparency Initiative and under the GPS, will support the implementation
of a new Infrastructure Anti-Corruption Toolbox (IACT) containing a wide
range of tools and activities to prevent and detect corruption in
infrastructure. The toolbox focuses on four areas: knowledge creation,
capacity building, public-private cooperation, and enhancing accountability.
With IACT, State will advance the Blue Dot Network to help infrastructure
project stakeholders, including those in government, private sector, and civil
society, to better comply with anti-corruption standards. In addition to the
work with OECD, State will use the GPS platform to better integrate private
sector input on anti-corruption challenges and
potential solutions to inform the work of the USG in foreign assistance as well
as policy and multilateral priorities.
Department of the Treasury: Treasury will assess and address the illicit finance risks associated with key financial gatekeepers – such as accountants, lawyers, real estate
professionals, investment advisers, and trust and company service
providers – and consider potential steps to address these risks. Certain
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types of financial intermediaries, gatekeepers, and other professions or
sectors are not covered by comprehensive and uniform Anti-Money
Laundering/Countering the Financing of Terrorism (AML/CFT) obligations and
face varying levels of illicit finance risk exposure. This assessment and
subsequent action are meant to address the uneven application of AML/CFT
measures to key gatekeeper professions and sectors and work to address
those risks. On February 7, 2024, Treasury released its 2024 Money
Laundering, Terrorist Financing, and Proliferation Financing Risk Assessments,
which discuss these issues. In addition, on February 13, 2024, Treasury issued
a sectoral risk assessment of the investment adviser sector.
Department of State:Under the GPS initiative, State will support a peer learning community on incentivizing compliance. The community will discuss the challenges faced
when governments incentivize anti-corruption compliance programs and
identify good practices and other solutions that both governments and
companies can use to improve corporate compliance efforts.
Department of State: In partnership with the UN Office on Drugs and Crime (UNODC), State will leverage regional anti-corruption hubs in Mexico, Colombia, Kenya, and
Thailand to support anti-corruption reforms. Through the hubs, UNODC and
State will provide technical assistance for implementing the UN Convention
Against Corruption and other reforms that will level the playing field for
businesses operating with integrity.
Department of State: Under GPS, State will support a new effort, Tech Connect for Integrity. The effort matches data or information technology expert(s) from the private
sector with their counterparts in the integrity, anti-corruption, or
accountability community (e.g., anti-corruption agencies, supreme audit
institutions, or internal audit functions). Together, the peers will identify
opportunities to strengthen data-driven approaches for preventing, detecting,
and mitigating the risks of fraud and corruption.
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