Stephen D. Gardner Chief Counsel Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP TEXT IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE

Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP The Office of General Counsel’s Commercial Law Development Program (CLDP) contributes to the Department’s mission overseas by providing commercial and legal technical assistance in developing and transitioning countries worldwide. What is CLDP?

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP Our History Since its inception in 1992, CLDP has engaged in transformational diplomacy by providing technical assistance to more than 50 countries in Central and Eastern Europe, the former Soviet Union, the Middle East, Northern and Sub- Saharan Africa and South-East Asia. CLDP has conducted more than 1000 separate training and short-term consultative programs and provided training to approximately 20,000 policymakers, regulators, judges, lawyers, teachers and business persons.

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP Drawing heavily from the expertise available within the Department of Commerce, CLDP programs assist political, judicial and commercial leaders to identify and make needed improvements in their laws, policies and organizational structures. CLDP’s team of lawyers and specialists with international experience and fluent language abilities (including Arabic, French, Spanish, Russian, Portuguese and Swahili), design and implement assistance strategies to remove obstacles to business development. How Do We Achieve Our Mission?

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP CLDP Strategic Goals for FY Expand opportunities for U.S. business by creating more transparent legal and business environments in key developing markets Advance the growth of democracy and good governance through commercial legal reform and governmental institution building Change negative views of the United States through mutually beneficial bilateral technical cooperation Improve operations consistent with principles contained in the President’s Management Agenda

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP Mechanisms for Implementing Assistance Long and short-term advisors on WTO accession, IP, procurement, etc. In-country and regional conferences and workshops U.S.-based consultations Ministerial or departmental capacity building (with U.S. Government experience and practice as an example)

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP Access to World Class Expertise Throughout the Department of Commerce Including: U.S. Patent and Trademark Office National Institute of Standards and Technology International Trade Administration National Telecommunications and Information Administration National Oceanic and Atmospheric Administration

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP How CLDP maximizes the value of free trade agreements and advances the interests of American business in key developing markets: CLDP provided WTO accession technical assistance to six of the first eight post-Soviet states to join the WTO (Bulgaria, Estonia, Latvia, Lithuania, Albania and Moldova). CLDP is currently working with the governments of Russia, Ukraine, Bosnia and Algeria to facilitate their WTO accessions. CLDP continues to provide assistance on the implementation of WTO obligations to the vast majority of countries in which it works.

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP SUCCESS STORIES ALGERIA MOROCCO WEST AFRICA SOUTHEAST EUROPE

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP ALGERIA CHALLENGE: To ensure that Algeria’s IP laws (written in compliance with the WTO TRIPS Agreement) are effectively enforced. CLDP STRATEGY: Trained a cadre of elite Algerian judges in adjudicating disputes arising under IP laws through the use of French language case studies created by CLDP. RESULT: Procter and Gamble’s head of operations for the region “credited the CLDP program for the successful outcome of two recent landmark IPR suits brought by P&G, noting that the adjudicating judge in each case had received IPR training under the CLDP program.” (Algiers 1601)

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP MOROCCO CHALLENGE: To ensure that Morocco complies with its commitments under the U.S.-Morocco Free Trade Agreement (FTA). CLDP STRATEGY: In only six months, a team of French-speaking CLDP lawyers reviewed every single Moroccan law, regulation and practice having a bearing on Morocco’s compliance with every chapter of the FTA. RESULT: CLDP prepared a confidential user friendly “catalogue of discrepancies” between Morocco’s laws, regulations and practices and the country’s commitments under the FTA. This document (especially its IP chapter) was used by USTR to ensure compliance before the FTA’s entry into force.

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP WEST AFRICA CHALLENGE: To promote a harmonized set of investment laws and procedures for the West Africa region, thereby facilitating the process of regional investment. CLDP STRATEGY: Developed a model investment law, in conjunction with Francophone and Anglophone jurists, that incorporates the procedural and substantive differences between the common law and civil law traditions. RESULT: This model law is under consideration for adoption by the Economic Community of West African States, and by the Organization for the Harmonization of Business Laws in Africa (OHADA) as the basis for a Uniform Act, which would enable investors to approach the region as a single entity in their investment decision-making.

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP SOUTHEAST EUROPE CHALLENGE: To reduce arbitrarily applied and divergent sanitary and phytosanitary measures (SPS) which impede trade in the Southeast Europe region. CLDP STRATEGY: CLDP, utilizing the guidelines of the WTO SPS Agreement, established three Stability Pact-wide (eight countries) regional working groups to cover the areas of food safety, animal health, and plant protection. RESULT: These working groups constitute important mechanisms to enable the timely exchange of information on legislation and regulatory requirements, and to determine regional solutions to specific pest and disease outbreaks, such as Avian Influenza.

IMPROVING THE LEGAL ENVIRONMENT FOR BUSINESS WORLDWIDE Commercial Law Development Program Office of General Counsel United States Department of Commerce CLDP Contact Information Stephen D. Gardner, Chief Counsel Commercial Law Development Program 1401 Constitution Ave., NW Stop 5875 Washington, DC Tel: (202) Fax: (202)