A/HRC/38/48 doing so. Those commitments include adherence to the Guiding Principles and to the OECD Guidelines for Multinational Enterprises. 14. Chile notes in its National Action Plan on business and human rights that it intends to establish, if relevant, requirements about sustainability and respect for human rights, as criteria to choose business enterprises to participate in programmes to promote exports and corporate activities. 3 The Ministry of Commerce, Industry and Tourism in Colombia intends to link access to trade and investment support to business commitments to respect human rights. 4 The Danish Ministry of Foreign Affairs requires Danish companies with which it interacts to comply with a code of conduct. That includes requirements not to practise discrimination, not to use child labour and to recognize workers’ rights.5 15. The South African Department of Trade and Industry has developed guidelines for good business practice by South African companies operating in the rest of Africa, setting out the expectation that companies will respect human rights and adhere to the principles of the United Nations Global Compact.6 While the guidelines are voluntary, they demonstrate how a State can tie responsible business conduct to an export promotion and trade agenda. 16. Asking companies to demonstrate a commitment to ethical standards is not new. States have often required businesses to make anti-corruption pledges as a condition of trade-related support. As part of the 2017 G20 process, the Business-20 (B20) issued a policy paper on responsible business conduct and combating corruption, noting that: “An adequate and robust compliance program should also be a requirement for officially supported export credits and trade insurances.”7 17. For example, the Kenya Export Promotion Council has an anti-corruption policy which includes enhanced due diligence of its potential local export partners. 8 Austrade, Australia’s trade promotion service requires companies to certify ethical business practices as part of their terms of service: “Your organization must be committed to maintaining business ethics and legal obligations including anti-bribery laws in Australia and overseas.” 9 Such processes could be expanded to require applicants to also demonstrate commitments to the Guiding Principles and the OECD Guidelines alongside an anti-bribery or business ethics pledge. B. Trade missions 18. Trade missions are an important tool in export promotion and commercial diplomacy. They allow potential exporters to learn how business is conducted in a foreign market and to find potential overseas buyers. They are often facilitated by a State export promotion agency or department and/or with the assistance of trade or commercial officers located in embassies in the country that the delegation will visit. High-level government officials may also head a trade mission delegation. 19. The Council of Europe recommendation on human rights and business discusses trade missions. It notes that “Member States should, when business enterprises … are represented in a trade mission to member States and third countries, address and discuss 3 4 5 6 7 8 9 See www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx. See “National Action Plan on human rights and business”, available at www.ohchr.org/EN/Issues/Business/Pages/NationalActionPlans.aspx. Danish submission in response to the call for stakeholder inputs. See, for example, www.rmi.org.za/guidelines-for-good-business-practice-by-south-africancompanies-operating-in-the-rest-of-africa/. See B20 Cross-thematic Group on Business Conduct and Anti-corruption, “Promoting integrity by creating opportunities for responsible businesses”. Kenya Export Promotion Council, “Revised anti-corruption policy” (2011). See www.austrade.gov.au/Australian/How-Austrade-can-help/Trade-services/Opportunties-termsand-conditions. 5