Procedures Manual for the Argentine National Contact Point. Title I National Contact Point

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1 1 Procedures Manual for the Argentine National Contact Point Title I National Contact Point Article 1: THE ARGENTINE NATIONAL CONTACT POINT, hereinafter ANCP, will act in compliance with this Procedures Manual with respect to any complaint submitted to it in relation to the OECD Guidelines for Multinational Enterprises (2011 Update). The ANCP was created by Ministerial Resolution No of 31 July 2006, within the framework of the OECD Coordination Unit, which reports to the National Directorate of International Economic Negotiations, which in turn reports to the Secretariat of Trade and International Economic Relations of the Argentine Ministry of Foreign Affairs and Worship. Ministerial Resolution No. 17 of 25 January 2013 abrogated Resolution No and established that the ANCP will act within the framework of the Directorate of Multilateral Economic Affairs and G20, which reports to the National Directorate of Multilateral Economic Negotiations, which in turn reports to the Undersecretariat of International Economic Negotiations of the Argentine Ministry of Foreign Affairs and Worship, in line with the accesion by the Argentine Republic to the Declaration on International Investment and Multilateral Enterprises of the Organization for Economic Co-operation and

2 2 Development (OECD) which includes the Guidelines for Multinational Enterprises. Pursuant to the provisions of Resolution No. 17, the functions of the National Contact Point are to promote the application of the Guidelines for Multinational Enterprises of the Organization for Economic Co-operation and Development (OECD) and to contribute to the resolution of issues related to their implementation ". Article 2: The ANCP may consult with agencies of the Federal State as needed in relation to issues discussed at the Specific Instance. In that respect, consultations will be held taking into account the competence and technical contributions of the public agencies and will be aimed at obtaining advice from the competent authorities in relation to the matters discussed at the specific instance. Through the relevant notice, the ANCP will request the competent agency to keep all information submitted confidential. Article 3: The ANCP may also contact the various areas, agencies or entities of the Federal State within the framework of its activities to promote and disseminate the Guidelines pursuant to the annual Work Plan prepared by the ANCP.

3 3 Title II Initiation of the specific instance proceedings in relation to complaints for non-compliance with the Guidelines. Section I Submission of Complaints for Non-Compliance Article 4: The ANCP will be the authority in charge of receiving complaints concerning failure to comply with the OECD Guidelines for Multinational Enterprises. Article 5: Any natural or artificial person who deems that the actions or omissions of a Multinational Enterprise could constitute a violation of the OECD Guidelines for Multinational Enterprises (2011 Update) may submit a claim for non-compliance or complaint to the ANCP, for which purpose it will have to meet the following requirements: a) Complaints will be submitted in writing, in the Spanish language, and all pages must be signed. In the case of artificial persons, the legal personality and representation of the complainant must be duly certified by a civil law notary. Complaints will include, for the purpose of the proceedings, a legal domicile (notwithstanding any reference to the place of residence), an identity document number, a landline telephone number, a cell phone number and an , for the purpose of properly identifying the complainant and giving any relevant formal or informal notice. Complaints will also specify a name, domicile in Argentina, name of representative in Argentina, phone and fax number and .

4 4 b) Complaints will contain a detailed description of the conduct violating the OECD Guidelines for Multinational Enterprises (2011 Update). Should there be any documents supporting the complaint filed, they will be included as annexes. All the pages making up the complaint for noncompliance must be numbered and signed by the natural person or by the owner or representative of the artificial person filing the complaint, who must present a special power of attorney. c) Complaints will indicate in what way the alleged non-compliance with the Guidelines affects or may affect the complainant or the person(s) represented by the complainant. d) Complaints will specify in as much detail as possible the provisions of the OECD Guidelines for Multinational Enterprises (2011 Update) that have been or are being violated by the action or omission of a multinational enterprise based in Argentina. e) Complaints will describe in detail the remedy sought from the ANCP as a result of the alleged violations, taking into account the fact that participation by the Enterprise in the proceedings is voluntary, as well as the role as facilitator of mutually satisfactory solutions characteristic of the Good Offices of the ANCP. f) Complaints will contain sufficient evidence of the negotiations previously held with the Multinational Enterprise in order to reach an agreement and the outcome of such negotiations that justify the attempt to seek an understanding within the framework of the ANCP, which provides international exposure.

5 5 g) Complaints will specify which materials must be considered confidential, in accordance with Article 11. h) Complaints for non-compliance must be addressed to the Argentine National Contact Point (ANCP) of the OECD Guidelines for Multinational Enterprises of the Ministry of Foreign Affairs and Worship and must be delivered at the Front Desk of that Ministry, located at Esmeralda 1212, Ground Floor, (1007) Autonomous City of Buenos Aires, Argentine Republic Article 6: Complaints for non-compliance will not be accepted in the following cases: a) If they fail to meet the requirements or provide the information specified in Article 5 above. b) If the information provided and the available elements do not show a clear connection between the facts described and the principles and provisions contained in the Guidelines. c) If they refer to an issue on which the ANCP has already issued a decision. d) If the issue giving rise to the complaint has already been submitted to the courts and a final decision has been rendered. Article 7: Upon receipt of a complaint, the ANCP will conduct a preliminary analysis of admissibility in order to verify whether such complaint meets the

6 6 requirements set forth in Article 6 and will determine the scope and results of the claims submitted by the complainants to the enterprise before filing their complaint with the ANCP. If the requirements established in this procedures manual are fulfilled, the ANCP will open an administrative file that will be named after the content of the complaint. The ANCP may request clarifications or more information to the complainant in order to determine whether the complaint is admissible or should be rejected in full or in part. Furthermore, the ANCP may call a meeting with one or both of the parties concerned with a view to gathering more information on the nature and scope of the complaint and, particularly, to better decide on its Formal Admissibility. Section II Dismissal and Admissibility of the Complaint Article 8: No later than three (3) months after receipt by the ANCP of a complaint for non-compliance and on the basis of the available information and background data, the ANCP will either: a) Dismiss the complaint, where it does no meet the requirements set in Article 5 or where any of the situations provided for in Article 6 applies. In this case, the ANCP will formally notify the complainants and, at its discretion, the Enterprise, of its decision not to commence the Good

7 7 Offices Proceedings, specifying the formal reasons for such decision. The decision to dismiss the complaint does not exclude the possibility that a new complaint for non-compliance may be submitted by the same complainant against the same multinational enterprise if the complainant provides new information or new documents or if the new complaint has different content than the previous complaint. b) Declare the Formal Admissibility of the complaint. Where the facts described and the information provided by the complainant show the purported or possible breach of the OECD Guidelines, the ANCP will declare the complaint formally admissible. This Decision will be sufficiently notified by the ANCP to the complainants and respondents within ninety (90) days counted as from the date on which the ANCP issued the decision. The file relating to the specific instance will be confidential and the parties may request, in writing and stating the reasons for such request, a copy of any part they may wish to consult. Article 9: Once the Formal Admissibility of the complaint has been declared, the ANCP may notify so to the Federal State agency or agencies, depending on the matters involved in the Specific Instance. In such case, it may briefly refer to the main aspects of the complaint, specifying the parties involved, the complainant and the respondent. In the relevant notice, the ANCP will request the competent authority to keep the information provided confidential. Title III. Procedures of the Specific Instance

8 8 Article 10: Once the Formal Admissibility of the complaint is declared, the NCP will notify this to the enterprise against which the complaint was brought, in accordance with Article 8 (b). No amendments to the complaint filed will be admitted after its Formal Admissibility has been declared. Article 11: Once the Formal Admissibility of the complaint is declared, the ANCP will be responsible for: a) Guaranteeing the independence and neutrality of the process. b) Ensuring that the parties concerned have access to the information relating to the complaint and the procedure to be followed at the Specific Instances that are part of the Procedures Manual. c) Respecting the individuality of the cases. d) Taking any measures necessary to protect any sensitive trade information provided as a result of the proceedings. e) Ensuring, to the extent possible, that the parties communicate with each other on good terms. f) Meeting and enforcing the deadlines set. g) Observing and enforcing the Confidentiality principle from the commencement of the specific instance to the conclusion of the case. Throughout the proceedings, all information, the identity of the parties and the opinions expressed by them during the procedures will be kept confidential, unless both parties consent to their disclosure, notwithstanding the powers of the ANCP in submitting its report to the OECD Investment Committee.

9 9 Article 12: Once Formal Admissibility of the complaint is declared, the ANCP will call the enterprise to a meeting at the offices of the Ministry of Foreign Affairs to introduce the complaint and notify the commencement of the specific instance. At the meeting, the enterprise will be given a copy of the formal admissibility of the complaint and will be offered the Good Offices of the ANCP in order to settle (if possible by mutual agreement) the issue or issues referred to in the complaint. The enterprise will have the opportunity to defend itself from the allegations of non-compliance with the Guidelines contained in the compliant which were admitted by the ANCP at the beginning of the proceedings. In view of the non-binding nature of the specific instance, the enterprise will be required to sufficiently notify in writing to the ANCP of its acceptance or rejection, within the following three (3) months, in accordance with the provisions of Article 17. Article 13: Both the enterprise and the complainants may request one or more meetings with the ANCP in order to provide further information on the conduct of the specific instance. Likewise the parties may be summoned by the ANCP in order to gather additional information without it changing the merits of the complaint already admitted by the ANCP. Article 14: The ANCP will declare the instance finished if, during the course of the proceedings, either party and/or a third party resorts to a court in order to

10 10 obtain a judgment on the same facts that gave rise to the proceedings before the ANCP. Article 15: The ANCP will provide the complainant with a copy of all the information submitted by the enterprise and vice versa, and the parties will always be allowed to answer to any submissions, provided that this does not entail an excessive delay in the conduct of the specific instance. In the event that new events take place during the course of the specific instance, the ANCP will ask the parties whether they substantially change the initial complaint. If that were the case, the ANCP, upon notifying the parties, may terminate the proceedings or continue to conduct them after increasing their scope. Article 16: The ANCP will attempt to conclude the proceedings within the twelve-(12)-month period after the specific instance has been referred to it. However, in the event that there are circumstances that escape the control of the ANCP or that are not provided for, the term may be extended for a reasonable period, which may not exceed twenty-four (24) months, as the maximum term for the specific instance, counted as from the moment when the specific instance is referred. Any subsequent extension jointly requested by the parties must be consented to by the ANCP.

11 11 Article 17: The ANCP will take any steps deemed necessary in order to have the enterprise accept its Good Offices offer and agree to engage in dialogue with the complainant, either before the ANCP or not. If, in spite of the steps taken by the ANCP and after three (3) months have elapsed since the Formal Admission of the complaint, the Enterprise does not accept the Good Offices offered by the ANCP, such body will conclude the specific instance and issue a communiqué, which will be signed by the ANCP and notified, if appropriate, to the competent national agency. Article 18: In order to meet the deadlines established for the conduct of the specific instance, the ANCP will attempt to take all the steps incumbent upon it as soon as possible. The parties will be required to duly provide the necessary information to meet the deadlines for the resolution of the specific instance. Failure by the parties involved to comply with or respond to the requests made by the ANCP will not prevent the latter from issuing a decision on the basis of the information available. Article 19: The ANCP will explain to the parties that compliance with the agreements reached by them within the context of the ANCP s Good Offices will depend upon them as the ANCP will not monitor such agreements or guarantee fulfilment of the obligations arising therefrom. Article 20: Any final agreement between the parties must be duly informed to the ANCP.

12 12 Furthermore, provided that there is full agreement between the parties and the ANCP gives its consent, the parties may disclose issues relating to the proceedings concluded. Article 21: The ANCP will disclose the final outcome of the specific instance taking into account the need to protect information deemed sensitive through a Communiqué or a Report, as the case may be, which will meet the following requirements: 1) Communiqué: where the specific instance is closed pursuant to Article 17. The Communiqué may specify the parties involved (complainant and enterprise against which the complaint was filed), a description of the issues raised in the complaint and a list of the procedures followed by the ANCP and the reasons why the case was closed, taking into consideration the need to protect the confidentiality of sensitive information. 2) Report: where the parties reach an agreement. The Report may specify the parties involved (complainant and enterprise against which the complaint was filed), a description of the issues raised in the complaint and a list of the procedures followed by the ANCP in the Good Offices proceedings in order to help the parties reach an agreement. The Report may include the text of the Agreement arrived at by the Parties provided that it has been sufficiently notified to the ANCP.

13 13 The ANCP will be required to issue its Communiqué or Report within three (3) months after the end of the proceedings. In its Communiqué, the ANCP may make recommendations in order to preserve the good practices established by the Guidelines, as well as any observations deemed appropriate with a view to perfecting the system. The Communiqué and the Report will be available to the public, except as regards any confidential information, and will be included in the annual report submitted by the ANCP to the OECD Investment Committee.

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