South and South Central Asia: U.N. Global Internet Governance Forum Preconference
On November 3, 2020, CLDP conducted a virtual preconference at this year’s virtual Internet Governance Forum (IGF). CLDP invited government and non-government participants from several countries, including Afghanistan, Bangladesh, Pakistan, the Maldives, and Nepal to learn about plans for this year’s forum and to share information on issues of regional issues, including data and privacy, digital transformation, and access/inclusion.
Bangladesh: Privacy and Data Workshop Phase II
On October 14, 2020, CLDP held a second virtual consultation via video with participants from the Bangladesh government and private sector on current regulatory issues, discussing data and privacy issues as well as draft legislation, following up on an introductory consultation in April 2020. The program also included other issues of interest, such as policies regarding artificial intelligence and the Internet of Things. The Department of Commerce’s International Trade Administration and the Federal Trade Commission joined CLDP in conducting this program, which is part of CLDP’s work in South Asia under the Department of State’s Digital Connectivity and Cybersecurity Partnership (DCCP). DCCP supports increased access to communications, an open, interoperable, and secure Internet, transparent regulatory policies for open competitive markets, and trade opportunities for U.S. firms. DCCP also builds partners nations’ capacity to address shared security threats, along with capacity building and commercial engagement activities.
El Salvador: Optimizing Operations Through Intergovernmental Cooperation and Centrally-Published Information
On November 17-18, 2020, CLDP, in collaboration with ITA and CBP, conducted a virtual workshop setting forth best practices for border agency coordination and publication of trade-related information to facilitate trade for more than 100 regional representatives from across Central America.
Inefficient agency coordination and disjointed publication of information collectively reduce the efficacy and transparency of the regulatory process in El Salvador, further engendering distrust between the private and public sectors. To address these areas of need, CLDP conducted a workshop that set forth best practices on optimizing operations through intergovernmental cooperation and centrally published information.
Participants included Salvadoran private sector representatives and officials from the Ministries of Agriculture, Customs, Defense, Economy, Finance, Health, Infrastructure, Medicines, and Ports. They were joined by their counterparts from the Guatemalan, Honduran, and Costa Rican Ministries of Economy, Customs, and Agriculture. From the Salvadoran private sector, the American Chamber of Commerce in El Salvador and the Commission of Associations to Facilitate Trade in El Salvador (CIFACIL) participated.
The workshop saw high-level participation from both governments with opening remarks from the Salvadoran Secretary of Commerce, Jorge Miguel Kattán; Salvadoran Minister of Economy, Maria Luisa Hayem; CLDP Deputy Chief Counsel, Joe Yang; and the U.S. Ambassador to El Salvador, Ronald Johnson. Following the workshop’s inauguration, experts showcased best practices for effective coordination among agencies, consolidation of information related to import and export procedures, and uniform publication of information across agency websites. Representatives from the governments of Costa Rica, El Salvador, Guatemala, and Honduras presented to regional and USG counterparts as well as the private sector on their efforts to identify publication gaps across ministerial websites and create internal strategies to ensure compliance with the World Trade Organization Trade Facilitation Agreement’s (WTO TFA) publication of information commitments. In addition to government-to-government presentations, the Salvadoran private sector representatives shared their experience navigating websites of Salvadoran trade ministries and suggested areas for improvement. The workshop concluded with an interactive panel discussion where each country representative discussed their respective efforts to encourage trade through enhanced transparency initiatives and increased collaboration both internally with regional counterparts and externally with the private sector.
In preparation for the workshop, the Salvadoran participants performed internal assessments of their respective ministry’s implementation of Article 1 of the WTO TFA. Specifically, participants compiled an inventory of current procedures and documents related to TFA Art. 1.1 that can only be found or completed in paper form, current procedures and documents related to Art. 1.1 that can only be found or completed online/through the internet, and current plans or strategies to publish the procedures, documents, and information related to TFA Art. 1.1 online. In addition, participants examined TFA Art. 8.1, border agency cooperation, and identified the gaps in communication and cooperation between their ministries to support publication of trade information. The Article 1 assessment exercise served as the foundation for El Salvador to improve its interagency coordination and enrich its TFA Art. 1.4 transparency notification, which outlines the official sites where trade-related information is published. The Salvadoran government is working with the private sector to finalize the notification and plans to submit the updated notification to the WTO in the coming weeks.
As a result of this workshop, the Salvadoran government has improved its interagency coordination, and increased its understanding of the importance of publishing trade-related information in a non-discriminatory, easy-to-access manner. This workshop is part of a multiphase effort to promote transparency, cooperation, and coordination for the Salvadoran government, and to improve interregional trade in Central America.
Global: CLDP Holds Weekly Sessions for Vis Moot Teams
CLDP, in partnership with the Center for International Legal Education (CILE) at the University of Pittsburgh, is holding a legal writing curriculum on for teams competing in the Willem C. Vis International Commercial Arbitration Moot (Vis Moot). The Vis Moot is a global legal competition, established by the United Nations Commission on International Trade Law, to spur the practice of international commercial arbitration and build the capacity of the next generation of lawyers in the field. The CLDP Vis Pre-Moot program has been implemented annually since 2006 to expand the Vis Moot to countries in the Middle East, North Africa and South Asia that are developing their alternative dispute resolution legal capacity. From November 9 to January 22, over 28 teams will work on legal memoranda for the 2020 Vis Moot Problem. CLDP and CILE will support teams by arranging weekly office hours with renowned professors of arbitration as well as weekly live feedback sessions on draft briefs from Vis Advisors, most of whom are former graduates of previous CLDP Vis Pre-Moot Program. Through these virtual consultations, teams will have dedicated support and access to on-demand virtual resources that are critical to their participation and success in the Vis Moot.
Afghanistan: CLDP Launches the 2020-21 John H. Jackson Moot Court Competition
CLDP, in coordination with the American University of Afghanistan (AUAF) and the Sri Lankan Moot Court Bench has selected a team of 5 students from AUAF and two teams of 4 students from the University of Colombo and the Sri Lanka Law College to participate in the 2021 John H. Jackson (WTO) Moot Court Competition. The students were selected after a three-step evaluation process: 1) written submissions, 2) oral rounds, and 3) virtual interviews. Starting in September, each team will meet (virtually) each week with their coaches to start preparing for their written submissions (due in January) and their oral arguments in preparation for the regional round of the competition in April of 2021. The effort to provide WTO and trade law training for the future Afghan and Sri Lankan lawyers is in line with our objective to increase WTO compliance in both countries which will in turn promote free trade and lead to economic growth in the region.
Kosovo: CLDP and Expert Agencies Organize Training to Facilitate Deployment of 5G
On December 8-9, 2020, CLDP hosted a two-part webinar in partnership with the Federal Communications Commission (FCC), Cybersecurity and Infrastructure Agency (CISA), Office of Management and Budget (OMB), and National Institute of Standards and Technology (NIST) to help Kosovo with its spectrum policy and identifying the criteria for supply chain risk management as Kosovo prepares to lay the groundwork for deployment of next generation cellular networks. The webinar is part of a larger effort to help Kosovo shape its criteria for exclusion of untrusted vendors. The webinar also featured a presentation on Kosovo's new law on cybersecurity to which CLDP provided guidance.
Georgia: CLDP Launches Webinar Series on Intellectual Property
CLDP, in cooperation with the U.S. Patent and Trademark Office (USPTO), and the USPTO Global Intellectual Property Academy (GIPA), launched a series of capacity building trainings on intellectual property to be delivered to the staff of the National Intellectual Property Center of Georgia ‘Sakpatenti’ in fall 2020. Topics for the training series include trade secret protection, telework practices and procedures, and overviews of the Trademark Trial and Appeal Board and the Patent Trial and Appeal Board. The training series includes virtual discussion sessions on each topic as well as related digitally recorded training videos for asynchronous learning.
Afghanistan: CLDP Sponsors a National Vis Moot Training
On October 1-3, CLDP, in coordination with the Afghanistan Vis Alumni Network (AVAN), and the Afghanistan Center for Commercial Dispute Resolution (ACDR), sponsored a virtual training on oral advocacy followed by a two-day virtual national competition for the nine Afghan teams participating in the Willem C. Vis Moot Program. The winner overall of the Afghanistan national Vis Moot competition was Herat University due to the team’s superior skills in oral and written advocacy.
Sri Lanka: Urban Development Authority - Public Private Partnerships
From October 27th 2020 - February 9th 2021, CLDP is collaborating with the Urban Development Authority of Sri Lanka to conduct a webinar series on concepts in public-private partnerships (PPPs). The webinar series will cover concepts including PPP structure, payment mechanisms, project agreements, financing agreements, common contract clauses, and public support mechanisms.
Ukraine: Kickoff Workshop on Advance Rulings
On November 9 and 10, CLDP hosted a virtual workshop for 40 officials from Ukraine’s State Customs Service (SCS) focused on advance rulings. Advance rulings are decisions made by customs at the request of a relevant importer or exporter on specific questions related to the import or export of goods in question. This can include information made before export related to the classification, valuation, or origin of the good in question. This workshop was the first in a series of engagements aimed at helping Ukraine towards its goal of instituting a robust advance ruling system in line with international best practices. SCS officials shared the status of their current system, including gaps in implementation and goals for improvement, and heard from U.S. Customs and Border Protection and Slovak Customs experts regarding their respective experience implementing advance ruling systems.
CLDP in Action
CLDP, along with INSOL International and the World Bank Group, a series of Live Forum broadcasts, providing a platform for the judiciary to discuss current issues whilst facilitating knowledge sharing.
Upcoming Programs
CLDP will conduct a webinar series on concepts in PPPs for the Urban Development Authority of Sri Lanka.
From November 2020 through January 2021, CLDP will provide virtual assistance to teams participating in CLDP's 11th Annual Middle East Vis International Commercial Arbitration Pre-Moot Program...
CLDP's mission is to improve the legal environment for doing business in developing and transitional countries around the globe and thereby foster greater political stability and economic opportunity for local entrepreneurs and U.S. companies alike.