A/HRC/17/32 (i) Offering confidential advice by foreign, trade or industry ministries, either in capitals or via embassies. In addition to trade promotion activities, a number of countries make it an obligation of trade promotion officers to discourage business enterprises from heading into what appear to be problematic activities, such as corruption. To create a parallel duty concerning, for example, international crimes, would require mandating and training commercial and political officers/sections in embassies and foreign ministries; (j) Working bilaterally with partner States to ensure effective cooperation among all relevant States with regard to the operation of business enterprises in a particular conflict situation. For example, where a host State requires business enterprise payment directly to the military or security forces (i.e., directly to units and not via taxes to the treasury) or the provision of logistical assistance, bilateral diplomacy could attest that signed and transparent agreements govern those business enterprise-military relationships; (k) A peer review model could address State responses to business in conflictaffected regions, as adapted from the African Peer Review model, which is focused on governance. B. Uncooperative enterprises 17. In situations where a State feels that a business enterprise is unwilling to meet the standards set out, does not implement the recommended processes in good faith or refuses to refrain from behaviour that puts human rights at risk, additional measures may need to be considered. These might be considered in a sliding scale, and include such measures as: • An embassy or other State agency might be asked to investigate • Official interventions might be made at a senior level, communicating State expectations to corporate leadership if it is a large business enterprises, for example, via meetings by senior officials with managers, or a communication from the relevant minister to a chief executive officer • Media statements or statements in parliament might be made questioning business enterprise behaviour and/or distancing the State from the business enterprise • A mission may be appointed to investigate and report, for example, to Parliament • An ombudspersons/national contract point mechanism may be activated • Neighbouring countries in the region may involve partner countries in investigation, conciliation and mediation, for example, through the European Union, the African Union or the Organization of American States • The State may threaten the withdrawal of consular and/or business development support • A process might be initiated to exclude a business enterprise from the State procurement market, investment universe, export credit eligibility and other State transactions 18. In most extreme situations, where enterprises commit or contribute to gross human rights abuses and disregard any advice to mitigate or remediate their impact, other additional measures should need to be considered, such as: • States should explore civil, administrative or criminal liability • Unilateral or multilateral sanctions may be imposed (targeting a person or a business entity) • Shipments of commodities might be seized, where a determination has been made that there is a reasonable risk that they are illicit (for example, similar to dual use 6

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