National Contact Center for Responsible Business Conduct
Information about the National Contact Center of Kazakhstan on Responsible Business
In June 2017, Kazakhstan became an associate member of the Investment Committee of the Organization for Economic Cooperation and Development (hereinafter – the OECD) and became the 48th country to join the Declaration on Multinational Enterprises of the OECD.
Within the framework of joining the OECD Investment Committee, the Government of Kazakhstan has undertaken a number of obligations, including the dissemination of the principles of responsible business conduct in accordance with the OECD Guidelines for Multinational Enterprises (hereinafter referred to as the Guidelines) through the establishment of a National Contact Center (hereinafter referred to as the NCC).
Thanks to investments, companies/investors (hereinafter referred to as enterprises) bring significant benefits to the economy of the country receiving investments in the form of production capital, managerial and technological know–how, job creation and tax revenues.
At the same time, there are social problems arising from the activities of such companies/investors and which have some negative consequences for the population and society in the social, economic and environmental spheres.
The Guidelines contribute to solving these problems by providing recommendations on voluntary principles and standards of responsible business conduct in accordance with domestic and international legislation.
The Guidelines are the only comprehensive code of conduct approved on a multilateral basis. In particular, it addresses public issues related to the social, economic and environmental consequences of the company's activities for the societies in which they operate (including outside the OECD), and provides an important framework for business in promoting responsible business conduct.
Although they are supported by Governments, the Guidelines are voluntary and are not intended to prevail over national legislations. The Guidelines are not intended to introduce differences in treatment between multinational enterprises and domestic enterprises – they reflect best practices for all enterprises of any size, wherever they operate.
The Guidelines are an integral part of the OECD Declaration on International Investment and Multinational Enterprises.
As part of the dissemination of the Guidelines, an NCC is established.
The National Contact Center is a voluntary, non–judicial mechanism for dealing with complaints from the population/society about the actions or omissions of enterprises that violate the principles of responsible business conduct in accordance with the Guidelines.
The NCC organizes a platform for a constructive dialogue between the parties to discuss problems and work out arrangements and ways to reach a mutual agreement.
Any person, organization or community (stakeholders) who believe that the actions or activities of an enterprise do not comply with the Guidelines can submit a formal request for a review of a specific case to the NCC of the relevant country.
As part of fulfilling its obligations to the OECD, the Ministry of Investment and Development of the Republic of Kazakhstan has been defined by the NCC of Kazakhstan (Resolution of the Government of the Republic of Kazakhstan dated May 31, 2018 No. 306), previously this function was carried out by the Investment Committee of the Ministry of Investment and Development of the Republic of Kazakhstan.
In addition, a Working Group has been established to ensure the activities of the NCC (Order No. 696 of the Ministry of Foreign Affairs of the Republic of Kazakhstan dated October 12, 2017), as a collegial subsidiary body of the NCC for the consideration of complaints and appeals.
This Working Group includes representatives of the Ministries of Investment and Development, National Economy, Labor and Social Protection of the Population, Energy, Education and Science, Internal Affairs, the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption, the National Center for Human Rights, the National Chamber of Entrepreneurs "Atameken", non-governmental organizations and trade unions.
Meetings of the Working Group are held as necessary.
The scope of the NCC
Due to the fact that the work of the NCC is aimed at improving the effectiveness of the Guidelines, the scope of the activities of the NCC are all areas covered in this document. The main issues identified in the Guidelines are:
disclosure of information;
human rights;
labor and industrial relations;
combating bribery, bribery and extortion;
environmental protection;
consumer interests;
science and technology;
competition;
taxation.
The main tasks of the NCC
1. The NCC should raise awareness of the Guidelines and procedures for their application through cooperation with stakeholders. NFCs should ensure that the Guidelines are accessible to all interested parties and provide clarifications, if necessary.
2. NCCs participate in resolving issues arising in connection with the application of the Guidelines, offering a platform for discussions and assisting interested parties (government agencies, the business community, trade unions, NGOs, etc.). When considering issues, the NCC acts in accordance with the main criteria of visibility, accessibility, transparency and accountability, as recommended in the Guidelines principles. It should be noted that the function of the NCC is not identical to the functions of the judiciary, it acts as an intermediary between the company that violated the Guidelines and the injured party.
3. The NCC annually provides a report containing information on the nature and results of the NCC's activities, including activities on the application of the Guidelines in specific circumstances.
NCC review of complaints about violation of Guidelines
If questions arise in connection with the application of the Guidelines, the NCC follows the following indicative algorithm of actions:
1. The complaining party sends the complaint to the NCC with the attachment of all relevant supporting documents;
2. The NCC accepts the received complaint and checks whether the complaint corresponds to the competence of the NCC. If the received question falls within the competence of the NCC, work begins on a thorough examination of the complaint. If necessary, the NCC requests additional information and/or documents from the party who filed the complaint;
3. The NCC sends a complaint to the responsible party;
4. The NCC provides consulting support to each of the parties;
5. The NCC acts as an intermediary in organized meetings, offers a platform;
6. Upon completion of the procedures and consultation of the parties, the NCC makes the results publicly available, taking into account the need to protect classified commercial and other information.
Useful links:
https://www.oecd.org/
http://mneguidelines.oecd.org/ncps/