A/HRC/38/48
25.
Having a senior minister advocate for a company is a substantial benefit. States
should only advocate for companies that respect human rights and screen requests to make
that determination.
26.
The Working Group has not received any information about States requiring
companies for whom they advocate to demonstrate respect for human rights or further
adoption of the Guiding Principles. As noted above, what some States have done is to
require companies to make commitments focused on integrity and combating corruption.
27.
In Canada trade advocacy may include providing support to a company in
interactions with foreign public officials and in certain circumstances in the public sphere
generally. This may also include making representations on behalf of the company to
foreign public officials, accompanying clients to meetings with foreign public officials, or
supporting and/or participating in, events tailored to a particular company. The Government
of Canada requires companies seeking such support from its Trade Commissioner Service
to sign an integrity declaration. A company must attest that it understands the ethical
expectations of Canada and has not been “charged, convicted or sanctioned for bribery or
corruption, and will not engage in such illegal activities”. 18 If a company has been
sanctioned for bribery, it must disclose past misconduct, which may affect the support it
receives from the Government of Canada.
28.
The United States International Trade Administration also has an advocacy centre. A
company interested in receiving United States advocacy assistance must first file an
advocacy questionnaire and anti-bribery agreement with the advocacy centre. The antibribery agreement requires a company to certify that neither the company nor its affiliates
will engage in bribery of foreign officials.19
D.
Training and guidance for trade and embassy personnel and for
businesses
29.
OECD has noted in relation to the promotion of responsible business conduct that
“for some countries, the NAPs have provided an impetus to step up specific training and
capacity building of diplomatic personnel”.20
30.
There is still room for greater training and education of trade officers within national
export promotion agencies and of those officials working within embassies or missions in
host States.21 However, at present this need is not matched by relevant guidance.
31.
Existing guidance (for example from the International Trade Centre) mentions the
need to train trade representatives on issues relating to combating corruption and fleetingly
mentions social compliance and corporate social responsibility as other issues of which
trade representatives should be aware, but does not elaborate further on the subject. A trade
promotion officer may not feel comfortable providing guidance to companies on human
rights risks. The language of risk mitigation in the Guiding Principles and the framework of
human rights due diligence therefore provide a useful framework for speaking about the
processes companies need to undertake to respect human rights.
32.
Germany intends to provide training on its National Action Plan and the Guiding
Principles for trade officers in embassies and consulates. The training will enable trade
officers to provide support to German companies that wish to exercise human rights due
diligence in the respective host countries. Staff members of German export and investment
18
19
20
21
See http://tradecommissioner.gc.ca/how-tcs-can-help-comment-sdc-peut-aider.aspx?lang=eng.
See https://2016.export.gov/advocacy/eg_main_092202.asp.
See OECD, “Responsible business conduct and economic diplomacy tools.
International Trade Centre, Entering New Markets. A Guide for Foreign Trade Representatives”
(2013).
7
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