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Blog Category: Office of General Counsel

General Counsel Welsh Promotes Commercial Law Development in Bahrain, Saudi Arabia

General Counsel Welsh promotes commercial law development in Bahrain, Saudi Arabia

U.S. Department of Commerce General Counsel Kelly Welsh met with government officials and business leaders in Bahrain and Saudi Arabia this week to strengthen ties with regional counterparts and to assess challenges U.S. businesses face in the those countries. The General Counsel’s Commercial Law Development Program (CLDP) organized the trip as part of ongoing efforts to improve the legal environment for American companies doing business in the Middle East.

The Crown Prince of Bahrain, His Royal Highness Prince Salman bin Hamad Al Khalifa welcomed General Counsel Welsh at the Riffa Palace, where they discussed the importance of strong economic ties between the United States and Bahrain. They also discussed steps taken to advance the commercial legal system in Bahrain, which will enhance the ease of doing business and attract foreign investment. His Excellency the Minister of Industry and Commerce Zayed Rashid Al Zayani commented during the meeting on the strong ties between the U.S. Department of Commerce’s CLDP and the Bahrain Ministry of Industry and Commerce. 

General Counsel Welsh focused on entrepreneurship developments in Bahrain at a roundtable with members of the business community, and offered suggestions on how to create a legal environment that is conducive to investment and growth. Welsh and the delegation also discussed ways to advance U.S. and international investments in Bahrain with representatives of the American Chamber of Commerce.

In Saudi Arabia, General Counsel Welsh discussed the role of the Saudi Arabian General Investment Authority (SAGIA) in modernizing commercial law in Saudi Arabia with His Excellency Abdullatif Al-Othman, governor of SAGIA, and His Royal Highness Prince Saud Al-Faisal.

General Counsel Welsh also met with the senior leadership of the Saudi Arabian Monetary Agency (SAMA), including Vice Governor Mr. Abdulaziz S. Al-Furaih. SAMA officials highlighted the Saudi bankruptcy law draft being circulated for review, and they noted steps the Saudi Arabian government is taking to promote anti-corruption. The SAMA officials indicated their desire to cooperate with CLDP on insolvency laws in the Kingdom. They also discussed ways to enhance the climate for investments in the United States by Saudi Arabian entities and individuals.

Commerce General Counsel Kelly Welsh to Discuss Legal Reform in China

Guest blog post by Kelly Welsh, General Counsel, U.S. Department of Commerce

Transparency.  Predictability.  Accountability.  These fundamental elements of commercial law are essential to creating a business climate at home and abroad that will foster growth and innovation.  Promoting a strong commercial rule of law wherever U.S. companies do business is a high priority for Secretary Pritzker and the Department of Commerce.  That’s why I am travelling to Beijing and Wuhan, China during the week of January 12 to speak to the public, academics, legal professionals, the media, Chinese government officials, and U.S. businesses about how the United States and China can work together to promote commercial rule of law. 

During October’s Fourth Plenum meeting, China announced its plans for extensive and far-reaching legal reform.  Those plans embraced themes that the U.S. government has been discussing with Chinese leaders for many years in the U.S.-China Joint Commission on Commerce and Trade and the Strategic and Economic Dialogue, including the Transparency Dialogue.   We therefore see this as a continuation of our cooperation and an opportunity to move the conversation forward in promoting sound commercial legal principles.  Next week, I will meet with Chinese government officials and U.S. industry leaders on commercial rule of law issues that fundamentally impact both of our economies.

I also will lead a U.S. delegation to the 19th U.S.-China Legal Exchange, where senior officials from the U.S. Environmental Protection Agency, the U.S. National Institute of Standards and Technology and the Federal Trade Commission will share U.S. experiences in regulating air pollution and promoting data security.

At the Beijing American Center and at Wuhan University, I will deliver remarks on how the United States and China can work together to advance the transparent, accountable, and predictable commercial legal system needed to promote a strong and innovative economy-- discussing both the history of our engagement and the opportunity to strengthen the commercial rule of law presented by the Fourth Plenum announcements.

Africa Leaders’ Summit “Driving Investment in Power Africa"

As a follow-up to the series of Power Purchase Agreement (PPA) consultations conducted in the United States and East and West Africa this summer, the Commerce Department hosted Driving Investment in Power Africa program on the sidelines of the U.S. Africa Leaders’ Summit. The Commerce Department event was coordinated by the Office of General Counsel Front Office, Commercial Law Development Program of the Department’s General Counsel’s Office in partnership with the Initiative for Global Development (IGD) and the US Agency for International Development. The program brought together investors in the African power market and U.S. and African government officials to discuss the role of U.S. government agencies in facilitating investment in power in Africa. The first draft of CLDP’s Guide to Understanding Power Purchase Agreements was also presented at the workshop.  The dynamic mix of participants in the Driving Investment program engaged in a productive dialogue before a standing-room only crowd. Julie Wenah of the Office of the General Counsel welcomed the participants and General Counsel Kelly Welsh provided opening remarks. State Department Deputy Assistant Secretary Robert Ichord gave an overview of President Obama’s Power Africa initiative and USAID Power Africa Policy Coordinator Roseann Casey highlighted the broad array of US government support within Power Africa. International Trade Administration Deputy Assistant Secretary Matthew Murray stressed the role of power in driving increased investment in Africa, as well as the Department of Commerce’s commitment to facilitating trade and investment by U.S. companies in Africa. Honored guests included Niger Minister of Commerce for Promotion of the Private Sector, Alma Oumarou and Rwanda Former Minister of Infrastructure, Professor Silas Lwakabamba. Also, three business delegation leaders from Secretary Pritzker’s May 2014 West Africa Trade Mission attended: Yolanda Parker of The Parker Group LLC, Kevon Makell and David Ellis of SEWW Energy.The highlight of the program was a roundtable discussion featuring a panel of CEOs of private-sector developers and lenders with additional contribution from the African government delegates in attendance.

Leading Our Team: The Office of General Counsel Senior Management Retreat

Deputy General Counsel Justin Antonipillai discussing Secretary's initiative

This year the Office of General Counsel hosted its yearly Senior Management Retreat at the United States Patent and Trademark Office. The retreat started with an open and engaging conversation with White House Counsel, Neil Eggleston who discussed his experiences in the federal government and its utility in supporting the Obama Administration as White House Counsel.

In support of Secretary Pritzker’s “America is Open for Business” Agenda, the Office of the General Counsel hosted two panel sessions supporting Strategic Goals Two and Three, Innovation and Environment. One panel focused on the overall lifecycle of innovation and was led by Vikrum Aiyer, Deputy Chief of Staff for the United States Patent and Trademark Office and Gregory Godbout, Deputy Associate Administrator and Executive Director of 18F at the General Services Administration. On environment, the additional panel focused on the impact of climate change and the Administration’s response with guest speakers Brandi Colander, Counselor to the Assistant Secretary for Land and Minerals Management at the Department of the Interior and Tom Karl, Director of the National Climatic Data Center for the National Oceanic and Atmospheric Administration. Deputy General Counsel Justin Antonipillai discussed the Secretary’s vision on management, mentoring, and training at the Commerce Department

Deputy General Counsel Antonipillai in the Gulf: The Role of the Judiciary and Insolvency

On May 12, 2014, Deputy General Counsel, Justin Antonipillai and CLDP led a workshop on insolvency for over 30 UAE commercial court judges representing four of seven emirates, hosted by the Institute for Training and Judicial Studies (ITJS). The purpose of the workshop was to outline the role of the judiciary in the fair and expedited adjudication of bankruptcy cases, and share best practices to ensure equitable outcomes. CLDP expert Don De Amicis, the former General Counsel of the Overseas Private Investment Corporation (OPIC), provided input throughout the proceedings.

 Afterwards, Deputy General Counsel Antonipillai met with the UAE Minister of Justice, His Excellence Dr. Hadef Al Dhaheri along with the US Ambassador to the UAE, Michael Corbin. During the meeting, they discussed the upcoming CLDP commercial law-training program for UAE judges in the US as a necessary step in improving business and trade in the region in particular for US companies.

 

On May 14, 2014, Deputy General Counsel, Justin Antonipillai, led a commercial law liberalization workshop with Bahraini Parliamentarians, Shura Council members, and private sector leaders. The workshop, co-hosted by the Bahrain Chamber of Commerce & Industry and Ministry of Industry and Commerce, was the third in a series that provided in-depth training on insolvency law discussing restructuring strategies and Bahrain’s long-term commercial growth opportunities.

Deputy General Counsel Antonipillai’s meeting with the Minister of Industry and Commerce, His Excellency Dr. Hasan Fakhro, as well as representatives from the private sector and civil society organizations, bolstered relations following the Secretary’s recent visit to the region.

General Counsel Kelly Welsh Visits USPTO during Community Day

Celebrating diversity in the workplace is important to the United States Patent and Trademark Office (USPTO). General Counsel Kelly Welsh joined USPTO General Counsel Sarah Harris in celebrating the USPTO’s 17th Annual Community Day. Annually, the USPTO hosts Community Day to rededicate the importance of diversity and the impact it has in creating innovative approaches in client engagement, team building, and better work product. The event brings the community of the USPTO together to show not only how they differ in individual backgrounds and lives, but how they can come together to form the greatest intellectual property community in the world. General Counsel Welsh also met with the USPTO’s senior leadership, legal chiefs, staff attorneys and support staff. After meeting with USPTO staff, an official program commenced with reflections by Deputy Under Secretary of Commerce for Intellectual Property Michelle Lee and Mayor of the City of Alexandria William Euille. Following the program, the community set up booths discussing their organizations and a food fair for the public.

U.S. Secretary of Commerce Penny Pritzker Wraps Up Successful Trade Mission with Visit to Qatar

U.S. Secretary of Commerce Penny Pritzker and Business Delegation Wraps Up Successful Trade Mission with Visit to Qatar

U.S. Secretary of Commerce Penny Pritzker wrapped up her Middle East trade mission in Qatar, where there are many opportunities for U.S. businesses due to the country’s growing economy as well as investments in infrastructure and transportation. As part of the National Vision 2030, Qatar’s broad strategy for growth and development, the country is focused on making meaningful advances in education, sustainability, and economic diversification. Qatar is currently preparing to host the 2022 FIFA World Cup, and is therefore undertaking numerous new construction projects, renovations and upgrades to prepare for the games and the influx of visitors they will bring. With more than $150 billion in infrastructure investments needed before 2022, U.S. companies are well-positioned to help Qatar meet its development goals. 

Twenty-one such companies are accompanying Secretary Pritzker on her trade mission to the Middle East, and they have been meeting with Qatari leaders to explore business opportunities. On Thursday, Secretary Pritzker and the business delegation met with His Excellency Eng. Essa Bin Hilal Al-Kuwari, President of the General Water and Electricity Corporation (Kahramaa). They discussed how U.S. companies can get more involved in future Kahramaa water, power, and smart grid projects. They also met with Nasser Al Mawlawi, President of the Public Works Authority (Ashghal), which is leading publically-funded road projects in advance of the 2022 World Cup. Ashgal has already selected several U.S. engineering and construction firms, including AECOM Technology Corporation, a member of the trade mission’s business delegation, to lead major projects. 

Secretary Pritzker also met with Hassan Al Thawadi, Secretary General of the Supreme Committee for Delivery and Legacy, who is in charge of preparations for the World Cup. Secretary Pritzker congratulated Al Thawadi on the successful bid to host the World Cup and highlighted the close collaboration between U.S. and Qatari companies on major infrastructure projects related to the event. 

Attracting Qatari investment to the U.S. was also a big focus of the visit. On Thursday, Secretary Pritzker met with Ahmed Al Sayed, CEO of the Qatar Investment Authority (QIA), founded by the Qatari government to diversify the country’s economy. She talked about the United States as an investment destination and highlighted SelectUSA, a Commerce-led federal initiative to promote business investment, as a resource for Qatar as the country seeks to expand its investment portfolio. 

Secretary Pritzker reached out to government leaders on her visit as well, notably His Highness Sheikh Tamim Bin Hamad Al Thani, Emir of Qatar, as well as Sheikh Abdullah bin Nasser Al Thani, Prime Minister and Minister of Interior. She emphasized the strong bilateral relationship between the U.S. and Qatar and the Commerce Department’s commitment to enhance our commercial relationship. 

Also on Thursday, Secretary Pritzker participated in an armchair discussion hosted by AmCham Doha and the National U.S.-Arab Chamber of Commerce (NUSACC). During the discussion, Secretary Pritzker expressed the Commerce Department’s strong support for U.S. companies working to help Qatar reach its development goals. 

This week’s trade mission has been a successful effort to connect U.S. businesses with export opportunities in the United Arab Emirates, the Kingdom of Saudi Arabia, and Qatar. It demonstrates the United States’ commitment to a sustained economic partnership in the Gulf region.

United States Department of Commerce Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations

Annual funding for the government expired on September 30. The Administration strongly believed that a lapse in funding should not occur. The Department is prepared for a lapse in funding that would necessitate a significant reduction in operations. Prior to a potential lapse in funding, the Office of Management and Budget (OMB) required the Department to submit a draft plan for agency operations (PDF) in the absence of appropriations (a “shutdown plan”).

The plan may be modified with additional guidance from the Office of Personnel Management and OMB, and may be changed by the Department, as circumstances warrant. This plan (PDF) complies with the guidance provided by the Office of Management and Budget, the Department of Justice and the Department of Commerce. All employees who are Presidentially Appointed, Senate Confirmed will remain on duty.

In compliance with the restrictions of the Anti-Deficiency Act, the Department of Commerce will maintain the following services and activities during a lapse in FY14 appropriations:

• Weather, water, and climate observing, prediction, forecast, warning, and support
• Law enforcement activities for the protection of marine fisheries
• Fisheries management activities including quota monitoring, observer activities, and regulatory actions to prevent overfishing
• Essential natural resource damage assessment activities associated with the Deepwater Horizon incident
• Water level data for ships entering U.S. ports, critical nautical chart updates and accurate position information.
• Patent and trademark application processing
• Operation of the national timing and synchronization infrastructure as well as the National Vulnerability Database
• Maintenance, continuity and protection of certain research property and critical data records
• All services of the National Technical Information Service
• Export enforcement – the ongoing conduct of criminal investigations, and prosecutions, and coordination with other law enforcement and intelligence agencies in furtherance of our national security
• Budget operations required to support excepted activities under a shutdown, such as tracking of obligations and funds control.

The following services and activities will not be available during a lapse in FY14 appropriations:

• Most research activities at NIST and NOAA (excluding real-time regular models on research computers used for Hurricane and FAA flight planning)
• Assistance and support to recipients of grant funding
• Technical oversight of non-mission essential contracts
• Services and activities provided by:
−Bureau of Economic Analysis
−Economic Development Administration
−Economics and Statistics Administration
−Minority Business Development Agency
−Bureau of the Census
• Most services and activities provided by the International Trade Administration

Spotlight on Commerce: Geovette Washington, Deputy General Counsel

Geovette Washington, Deputy General Counsel

Ed. note: This post is part of the Spotlight on Commerce series highlighting members of the Department of Commerce and their contributions to an Economy Built to Last.

Guest blog post by Geovette Washington, Deputy General Counsel

Serving as Deputy General Counsel in the Department of Commerce has been one of the most rewarding and fulfilling experiences in my career. The people with whom I have worked over the last three years are outstanding. The issues I have dealt with are interesting, challenging, and critical to the Department’s work. Most important, being Deputy General Counsel has presented a wonderful opportunity to fulfill my lifelong commitment to service. 

As Deputy General Counsel, my job is to provide legal advice to the various parts of this Department. However, my role, and the role of all of the attorneys within the Office of the General Counsel, goes well beyond simply providing legal advice to our clients. We work to make sure that the people of the Department do not simply get a review of the legal sufficiency of their work, but also a partner in their mission. That partnership between OGC and the rest of the Department has been a point of emphasis for me during my time at Commerce and is vital to the execution of the President’s vision for creating an America Build to Last. The creativity and dynamic engagement of OGC attorneys helps Commerce agencies execute their plans to build a 21st century America that has the tools, infrastructure, and expertise to thrive.  

Encouraging partnership between OGC and its clients is critical to fostering a ethos of service within OGC, and service–particularly of public service–is something I value highly and was a central tenant of my upbringing.  

2012 Annual Office of General Counsel Awards Ceremony

On Thursday, December 6, 2012 General Counsel Kerry presided over the Office of General Counsel Annual Awards Ceremony.  He was joined by Acting Secretary Blank who delivered remarks, thanking the office for their tireless work over the past year.  The Acting Secretary acknowledged the great assistance that the office’s attorneys and support staff have provided to her and the entire Department of Commerce.

General Counsel Kerry detailed the broad range of accomplishments achieved by the OGC office over the past year.  He highlighted the successful litigation of the GPX case and efforts to move legislation through Congress as a result.  He also applauded contributions to various other litigation, legislation, reforms and regulation matters handled over the past year by each office within OGC.

GC Kerry and Deputy General Counsel Geovette Washington presented the Attorney of the Year Awards and the Support Staff of the Year Award.  The 2012 recipients are:

Attorney of the Year – Daniel Calhoun – Office of the Chief Counsel for Import Administration

Daniel was instrumental in insuring that Import Administration can, as a matter of domestic law, implement the WTO disputes on zeroing in a coherent process and has been a central player in disputes regarding antidumping and countervailing duty laws.

Support Staff of the Year – Stephanie Dyer – Office of the Assistant General Counsel for Administration, Ethics Law and Programs Division

Stephanie performed outstanding work in implementing a new financial disclosure report electronic filing system and the new reporting requirements of the STOCK Act, which were enacted earlier in 2012. 

General Counsel Kerry Leads Administration Efforts to Support Long-Term Economic Growth in Iraq

General Counsel Kerry standing a podium

Guest blog post by Cameron F. Kerry, Department of Commerce General Counsel

On June 28, 2004, Iraq's first democratically elected government assumed full sovereign authority. Eight years later, I joined Iraqi counterparts to discuss Iraq's next great challenge: integrating itself into the world economy. Overcoming this challenge is a critical step in Iraq's transition since, as President Obama has noted, “Iraq is assuming its rightful place among the community of nations.”

The Department of Commerce mission in Iraq is to help the country assume this role while working to expand and facilitate increased U.S. business opportunities. As part of this mission, I had the honor of co-hosting two conferences focused on Iraq’s economic growth strategy. Iraq faces the challenge of generating trade and investment at the same time as managing the expansion of its resource wealth to ensure economic diversification. While these challenges are significant, I was encouraged by the universal agreement between panelists, government officials, and private sector representatives that these challenges can be overcome by the adoption of a commercial law framework that emphasizes predictability, transparency, and economic security.

The first of these conferences, co-hosted by Iraq’s Minister of Finance Rafi al-Issawi, brought together experts from U.S., multilateral, and private institutions to discuss with Iraqi counterparts how under-developed commercial law and financial mechanisms can act as barriers to trade and investment. A common theme in the two days of discussion was how the rule of law is vital to a welcoming economic environment in Iraq in which U.S. and Iraqi businesses can predict and plan their investments, purchases, and sales with greater certainty.

GC Kerry discusses the US approach to privacy at an American Chamber of Commerce event in Italy

Panel at American Chamber of Commerce event in Italy

On June 21, 2012, General Counsel Kerry attended a privacy event in Italy -- Data Protection and Privacy Regulation: What Impact on Businesses and Consumers?

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General Counsel Kerry Travels to the EU to Discuss US-EU Commercial Data Privacy Efforts

On June 20, General Counsel Cameron F. Kerry arrived in Rome, Italy for the second leg of his trip to Europe to engage with senior government and private sector officials on consumer data privacy.  As President Obama said in the Administration’s policy blueprint, Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (Privacy Blueprint), “[n]ever has privacy been more important than today, in the age of the Internet, the World Wide Web and smart phones.”  The Commerce Department is committed to protecting consumer privacy while encouraging innovation, entrepreneurship, and supporting jobs and growth.

Office of Chief Counsel for Industry and Security Helps BIS Secure $1.75 Million Enforcement Settlement

On May 24, 2012, the Office of Chief Counsel for Industry and Security (OCC/IS) assisted the Bureau of Industry and Security (BIS) in reaching a settlement agreement under which Ericsson de Panama, S.A. agreed to pay $1.75 million to address 262 violations of the Export Administration Regulations (EAR).  BIS charged Ericsson de Panama with implementing a scheme to evade the EAR over a multi-year period, with regard to telecommunications equipment owned by the Cuban Government.  The equipment was shipped to Panama, where it was repackaged to conceal its Cuban markings, sent with falsified paperwork to the United States for repair or replacement, and then exported back to Cuba via transshipment through Panama.  The equipment involved is controlled under the EAR for national security, anti-terrorism, encryption, and sanctions reasons.  The settlement also requires an external audit of all 2012 transactions involving items subject to the EAR that are exported or re-exported to Cuban customers by Ericsson de Panama or any of its corporate affiliates. 

This settlement represents the latest in BIS’s enforcement efforts to ensure the integrity of the export control system.  BIS plays an integral part in advancing the nation’s security, foreign policy, and economic interests, and investigations and settlements like this one uphold this vital mission.  OCC/IS represents and supports BIS in all administrative enforcement matters. 

Guidance Published on Implementation of Administration Policy on Scientific Integrity

On March 30, 2012 General Counsel Kerry updated prior memoranda implementing the Administration Policy on Scientific Integrity.  The update provides additional guidance consistent with the policy recommendations of Dr. John Holdren, Director of the White House Office of Science and Technology Policy (OSTP), who issued an Administration policy on scientific integrity, implementing a Presidential memorandum of March 9, 2009.  In particular, the memorandum promotes the accurate and clear presentation of scientific and technological information to the public and further supports the professional development of Department personnel.  This memorandum establishes policy directives for the Department of Commerce to ensure the highest integrity of science and scientific products developed and utilized by the Department and its bureaus.  The updated memorandum and the December 6th and June 15th memoranda are attached below.

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General Counsel Kerry delivers remarks at Suffolk University’s 2012 Global Sustainability Conference “Why Global Bribery Is Not A Market Entry Strategy: Corruption In The Global Marketplace.”

Today, General Counsel Kerry delivered remarks on Department of Commerce efforts to level the playing field for American businesses by working with international partners to implement anticorruption and anti-bribery measures.  The remarks were delivered at Suffolk University at the Center for Global Business Ethics and Law 2012 Global Sustainability Conference in Boston, Massachusetts.  General Counsel Kerry's speech highlighted that “fighting corruption is a priority for the United States Government.  We have been working with other countries to encourage them to join us in the fight – and our work is bearing fruit.  This Administration is dedicated to striking the right balance between fostering commerce and promoting good conduct by the business community. I don’t see this as a trade-off. I think we can have both, and that we should have both.” 

The Department of Commerce remains committed to fostering economic growth and job creation both at home and abroad, and efforts to encourage anticorruption measures throughout the world provide a more open, transparent, and lucrative business environment both for US businesses and international partners.

CLDP's 20th Anniversary Event

GC Kerry moderating a discussion at the CLDP 20th Anniversary Event

The Commercial Law Development Program (CLDP) was created in February, 1992 and on February 23, 2012, the Office of the General Counsel hosted an event to thank the institutions and the individuals who created CLDP and/or helped it grow, and to reflect on lessons learned. General Counsel Kerry presented awards to several USG officials and private sector experts who have made important contributions to CLDP programs and to the strengthening of the rule of law worldwide.

In a discussion moderated by General Counsel Cameron F. Kerry, Judge Bernice B. Donald from the US Court of Appeals for the 6th Circuit, and Judge Delissa Ridgway from the US Court of International Trade, reflected on their experiences doing work for CLDP in many countries over the years. Both judges concluded that the judicial capacity building programs conducted by CLDP have resulted in two significant changes: foreign judges now realize that they can play a significant role in the economic development of their countries; they have now the expertise and the confidence to help bring about the judicial environment, adapted to their country’s specific context, that are conducive to foreign investment and trade.

The program also featured remarks by Commerce Secretary Bryson on the importance of a modern and fair commercial law environment for US firms that export or invest overseas, by Ambassador William Taylor, Special Coordinator for Middle East Transitions at the US Department of State, on CLDP’s ability to respond promptly to State’s priorities for technical assistance in commercial law, and by Linda Wells, founder of CLDP, on the genesis and growth of the program.

General Counsel Kerry Amplifies President Obama’s Consumer Privacy Protection Message in Europe

by Cameron F. Kerry

As co-chair of the National Science and Technology Council Subcommittee on Privacy and Internet Policy, I am proud to have worked on the Obama administration’s comprehensive blueprint to improve consumer privacy protections, the "Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy" (PDF).  As the president stated in the report, “we must reject the conclusion that privacy is an outmoded value.  It has been at the heart of our democracy from its inception, and we need it now more than ever.”

This is the message I took to European lawmakers, officials, and businesses about the administration’s privacy policy framework. Central to the framework is the tenet that consumers who have confidence their privacy is respected are more likely to express themselves online, engage in commercial activity, and form social connections on the Internet. Consumer trust is essential for a strong digital economy, which in turn provides a platform for greater innovation and job creation.

In today’s Internet age, our world is no longer easily defined by national borders.  Information flows around the world as companies seek to meet the demands of international customers and individuals share their lives and experiences globally. Finding ways to protect personal information while facilitating cross-border data flows is a central aim of the administration’s privacy blueprint.

Over the course of my meetings in Europe, I talked about the president’s Consumer Privacy Bill of Rights and our commitment to promote the free flow of information by fostering the interoperability of international privacy frameworks. I discussed the importance of building on tools such as the EU-US Safe Harbor Framework that have helped to protect consumer information while facilitating international trade.

I look forward to continuing our work at the Department of Commerce to implement the administration’s privacy blueprint. Last week, the National Telecommunications and Information Administration released a request for comments as it prepares to begin convening stakeholders to develop codes of conduct based on the Consumer Bill of Rights, and on March 19 the EU's Justice Directorate General will come to Washington, D.C. to discuss the Safe Harbor Framework and other tools for the global flow of information.

Guidance Published on Implementation of Administration Policy on Scientific Integrity

On December 16, 2011 General Counsel Kerry updated the June 15th memorandum implementing the Administration Policy on Scientific Integrity.  The update provides additional guidance consistent with the policy recommendations of Dr. John Holdren, Director of the White House Office of Science and Technology Policy (OSTP), who issued an Administration policy on scientific integrity, implementing a Presidential memorandum of March 9, 2009.  In particular, the memorandum provides additional direction on federal advisory committees and expands upon the Department's support for scientists and engineers to participate and provide leadership in scientific and professional organizations.  This memorandum establishes policy directives for the Department of Commerce to ensure the highest integrity of science and scientific products developed and utilized by the Department and its bureaus.  The updated memorandum and the June 15th memorandum are attached below.

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2011 Office of General Counsel Awards

General Counsel Kerry

On Monday, December 12. 2011 General Counsel Kerry presided over the Office of General Counsel Annual Awards Ceremony.  He was joined by Secretary Bryson who delivered remarks, thanking the office for their tireless work over the past year.  The Secretary acknowledged the great assistant that the office’s attorneys and support staff have provided to him since his start at Commerce and he looks forward to working closely with the staff.  He introduced GC Kerry, who detailed the broad range of accomplishments achieved by OGC office over the past year.  He highlighted the successful completion of Patent Reform and the successful litigation of the Supreme Court Case Golan v. Holder (10-545 [1]).  He also applauded OGC’s contributions to various other litigation matters as well as works in enforcing fisheries regulations and export controls.

GC Kerry and Deputy General Counsel Geovette Washington presented the Attorney of the Year Awards and the Support Staff of the Year Award.  The 2011 recipients are:

Attorney of the Year - Robert McManus – U.S. Patent and Trademark Office

Robert significantly advanced the goals both of the USPTO and the Department to establish a strong patent system.  Thanks to his efforts at the Supreme Court, the Court adopted the Department's position which has been haled as resulting in stronger and more reliable patent rights.  Robert was also instrumental in a wholesale re-writing of the rules governing how appeals are conducted at the USPTO Patent Trial and Appeal Board which will lead to more efficient review of patent applications.  Robert routinely provides expert advice under tight deadlines on complicated matters.

Support Staff of the Year - Debra Ketchopulos – National Oceanic & Atmospheric Administration

Debra provided crucial support to the Gloucester's Enforcement Section office maintaining continuity of operations in that region in the absence of any enforcement attorneys for most of the year.  During this time, she continued to coordinate enforcement matters with the Office for Law Enforcement, fielding as many inquiries herself as possible, while judiciously referring others to headquarters for resolution.  Debra also responded to a large number of requests for case information from the Special Master who was appointed by the Secretary of Commerce to review fisheries enforcement, thereby greatly enhancing the Special Master's ability to timely complete his review.  After 34 years of support to the NOAA Office of the General Counsel, she continues to be cited by colleagues at all levels for her exceptional performance and willingness to take on new tasks and increased responsibilities.

Cameron Kerry delivers keynote address to Second Annual European Data Protection and Privacy Conference

Cameron Kerry delivered one of the keynote addresses to the Second Annual European Data Protection and Privacy Conference on December 6 in Brussels, Belgium. His address, entitled Transatlantic Solutions for Data Privacy, explained the Obama administration's framework for how to protect consumer data privacy while promoting innovation in the global digital economy. This framework refines the ideas first expressed in the green paper released last year.
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The Leahy-Smith America Invents Act (AIA)

On September 8, the Senate passed the Leahy-Smith America Invents Act (AIA), H.R. 1249, by a vote of 89-9.  The bill now will be sent to the President for his signature.

This legislation has been a major priority of the Department of Commerce and the Office of General Counsel since the beginning of this Administration.  The AIA marks the first comprehensive reform to U.S. patent law in 60 years and transforms the patent system to accommodate the needs of 21st Century inventors and businesses. 

At a time of great need for the U.S. economy, the AIA will foster American innovation, provide greater certainty to businesses and inventors, and promote job growth.  Fundamental changes to the patent system made by the legislation include:

  • Establishing a “first-inventor-to-file,” which will simplify the U.S. patent application system and harmonize it with others around the world;
  • Providing the opportunity for third parties to submit information regarding pending patent applications and creating a post-grant opposition proceeding to identify patents that should not have been granted.  Both these changes will improve patent quality, which will promote investment and job growth;
  • Improving the system to administratively challenge patents, which will speed adjudication of meritorious challenges and provide faster resolution and certainty for patent holders facing unsubstantiated challenges; and
  • Reducing fees for small and micro-entities by as much as 75%, which will foster innovation.

The AIA requires a series of rulemakings and studies, which will need to be completed expeditiously.  The Office of General Counsel will be working with the U.S. Patent and Trademark Office to complete the work as quickly as possible and to bring the benefits of the legislation to consumers and businesses alike.  Implementation Effort

General Counsel Kerry travels to China for the US-China Joint Liaison Group Anti-Corruption Working Group

General Counsel Kerry in China

During the week of July 25th, General Counsel Kerry travelled to Beijing to continue discussions with China on the shared goal of addressing bribery of foreign government officials by U.S. and Chinese companies.  Following extensive dialogue led by General Counsel Kerry, China amended its criminal code earlier this year to criminalize the bribery of foreign government officials.  The United States has criminalized such conduct since 1977 through the Foreign Corrupt Practices Act (FCPA). 

Now General Counsel Kerry and an interagency team, including representatives of the Departments of Justice and State and the Securities and Exchange Commission, are sharing with Chinese officials how the United States has implemented and enforced the FCPA and are seeking to encourage China to publicize, fully implement, and rigorously enforce their new law.   The discussions, held under the auspices of the U.S.-China Joint Liaison Group Anti-Corruption Working Group, also included a roundtable in which U.S. and Chinese companies exchanged ideas about how they prevent and detect corrupt payments to foreign officials through compliance programs within their enterprises. 

When opening the roundtable, General Counsel Kerry stressed the need for government and industry to work together in combating transnational bribery, stating: "A legal regime criminalizing transnational bribery can only be effective when the government and industry work together by incentivizing compliance, instituting strong and effective international compliance and ethics programs, and maintaining and applying deterrent penalties."  Opening Remarks

While in Beijing, General Counsel Kerry also met with Ministry of Commerce officials, representatives of the U.S. private sector, and other U.S. and Chinese officials to discuss commercial law issues and intellectual property rights protection and enforcement. 

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United States Department of Commerce Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations

This blog post is about an older plan. The United States Department of Commerce Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations at the end of FY 2013 is available here.

The current FY 2011 Continuing Resolution may expire without new budget authority. While it is not anticipated that there will be a lapse in appropriations, the Department must be prepared for a potential lapse in funding that would necessitate a significant reduction in operations.

Prior to a potential lapse in funding, the Office of Management and Budget (OMB) requires the Department to submit a draft plan for agency operations in the absence of appropriations (a "shutdown plan"). This plan will likely be modified with additional guidance from the Office of Personnel Management and OMB, as the situation develops, and may be changed by the Department, as circumstances warrant.

This plan complies with the guidance provided by the Office of Management and Budget, the Department of Justice and the Department of Commerce.

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General Counsel Kerry on Promoting Ethical Businesses Internationally

General Counsel Kerry at the OECD Event in Washington DC by Elodie Turchi of the OECD

On March 22, 2011, DOC General Counsel Kerry spoke at a symposium titled “Toward Coherence in International Economic Law:  Perspectives at the 50th Anniversary of the OECD” regarding the Administration’s work in promoting ethical conduct by international businesses.  The symposium took place in Washington, DC, and was sponsored by the Organization for Economic Cooperation and Development, the American Society of International Law, and the George Washington International Law Review, in cooperation with the International Law Students Association. 

In his remarks, General Counsel Kerry highlighted the work of the Department of Commerce and other U.S. agencies to fight corruption in international business transactions, noting President Obama’s linking of corruption, human rights, and well being, and Secretary Locke’s views about corruption as a barrier to U.S. economic growth.  He discussed the Justice Department’s emphasis on enforcement of the Foreign Corrupt Practices Act, the Commerce Department’s engagement with the private sector, his upcoming trip to Doha for a regional conference on integrity in the private sector put on by the Commerce Department’s Commercial Law Development Program, and Commerce’s work (with the Departments of State and Justice) in pressing foreign governments to enact and enforce strong anti-bribery laws.  He was joined on the panel by Assistant Secretary of State Jose Fernandez and NGO and private sector representatives. 

General Counsel Kerry said:  “This Administration is dedicated to striking the right balance between fostering commerce and promoting good conduct by the business community.  I don’t see this as a trade-off.  I think we can have both, and that we should have both. We will keep striving to have both.”   

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Protecting Consumers & Promoting Innovation Online: A Call for Baseline Privacy Legislation

Guest blog post by Cameron Kerry, General Counsel for the U.S. Department of Commerce.

The time has come for Congress to pass strong Internet consumer privacy legislation that provides clear rules of the road for businesses and consumers while preserving the innovation and free flow of information that are hallmarks of the Internet economy.

That’s the Obama Administration’s conclusion based on the work we have been doing on commercial data privacy.  Three months ago, the Commerce Department published its Green Paper, which contained preliminary policy recommendations to enhance consumer protection and strengthen online trust, while ensuring the Web remains a platform for innovation, jobs, and economic growth

In response, the Commerce Department received thoughtful and well-researched comments from over a hundred stakeholders representing industry, consumer groups, and academic sectors.  We carefully reviewed all them.  Through the Privacy and Internet Policy Subcommittee of the National Science and Technology Council (NSTC), which I co-chair with Assistant Attorney General Christopher Schroeder, we consulted with Federal agencies and key White House offices to develop a roadmap for moving forward on this important Administration priority.

Based our review, we have concluded that baseline consumer privacy legislation will strengthen the U.S. Internet privacy framework for consumers and businesses alike.  The Obama Administration is committed to working with Congress to pass a bill that provides a stronger statutory framework to protect consumers’ privacy interests in data that are collected and used or disclosed in commercial contexts in the Internet economy, while supporting innovation.  Consumer privacy legislation should have the following elements:

General Counsel Kerry addresses the 2011 State of the Net Conference

On January 18, 2011, DOC General Counsel Kerry delivered keynote remarks at the seventh annual State of the Net Conference hosted by the Congressional Internet Caucus Advisory Committee.  The conference is one of the largest information technology policy conference in the U.S. and provides a venue for academics, consumer groups, industry and government to hear from policy experts from across the spectrum of information technology issues and to interact in a bi-partisan environment.

In his remarks, General Counsel Kerry highlighted key policy recommendations from the Commerce Department’s recently released  policy green paper “Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework.” These policy recommendations aim to promote consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.  Recommendations included: establishing Fair Information Practice Principles comparable to a “privacy bill of rights” for online consumers; developing enforceable privacy codes of conduct in specific sectors with multi-stakeholder input; and engaging the international community to encourage global Interoperability. The Department is seeking additional public comment on the privacy paper to further the policy discussion and ensure the framework benefits all stakeholders in the Internet economy. Comments are due January 28th.

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2010 Distinguished Service Award

General Counsel Kerry and Deputy General Counsel Washington presented the Office of General Counsel Distinguished Service Award to 27 members of the office.  The recipients were recognized for an array of accomplishments.  Those recipients are:

The 2010 Joint Commission on Commerce and Trade

On December 14 and 15, Commerce Secretary Locke and U.S. Trade Representative Kirk, together with Chinese Vice Premier Wang Qishan, co-chaired the 21st annual U.S.-China Joint Commission on Commerce and Trade (JCCT) in Washington, DC.  General Counsel Kerry participated in this year’s JCCT, which covered a range of issues and yielded positive results, particularly China’s commitments to enhance its enforcement of intellectual property rights, adopt non-discriminatory government procurement policies, and collaborate with the U.S. in areas of emerging technology such as Smart Grid.  China’s commitments will lead to increased opportunities for U.S. exporters and a more level playing field for U.S. companies operating in China.   

General Counsel Kerry led the U.S. delegation’s work on commercial law cooperation.  In this area, the two sides agreed to continue to promote mutual understanding of commercial legal developments impacting U.S.-China trade.  The primary vehicle for this cooperation is the U.S.-China Legal Exchange, which GC Kerry co-leads.  The United States and China agreed to convene the 2011 Legal Exchange in the United States in cities and on topics to be determined by mutual agreement.  This builds upon the work of GC Kerry, Chinese Deputy International Trade Representative Chong Quan, and Legislative Affairs Office of the State Council Vice-Minister An Jian, who successfully led the 2010 U.S.-China Legal Exchange to Hangzhou (October 18), Wuhan (October 20), and Chengdu (October 22), which focused on U.S. export promotion activities and trade remedies laws and practices. 

Read more about Commerce’s participation here.

2010 Office of General Counsel Awards

General Counsel Kerry

On Tuesday, December 14, 2010 General Counsel Kerry presided over the Office of General Counsel Annual Awards Ceremony.  He was joined by Secretary Locke who delivered remarks, thanking the office for their tireless work over the past year.  The Secretary acknowledged the critical role that the office’s attorneys and support staff played in helping him implement a number of important Department and Administration priorities.  He introduced GC Kerry, who detailed the broad range of accomplishments achieved by OGC offices over the past year.  He highlighted the role OGC played in the successful completion of Phase 1 of the American Reinvestment and Recovery Act and the successful litigation of the Supreme Court Case Bilski v. Kappos (08-964).  He also applauded OGC’s contributions to the successful execution of the Decennial Census, ongoing Oil Spill litigation, and Export Control Reform.

Secretary Locke and GC Kerry presented the two Attorney of the Year Awards and the Support Staff of the Year Award.  The 2010 recipients are:

Attorney of the Year - Rayna G. Eller – ELLD/Census & Economic Statistics Administration

Rayna has provided exceptional legal services during the past year, and made very significant contributions which have advanced several critical missions of the Department.  Nowhere were her abilities more evident than in her effective advice to, and representation of, the Census Bureau during the 2010 Decennial Census.  More than any other staff attorney in the Department, Rayna’s actions provided the Census Bureau with the ability to hire and retain the workforce necessary to complete its Constitutionally-mandated duty to render an accurate count of the Nation’s population.

Attorney of the Year - Peter R. Klason – Bureau of Industry and Security

Peter has provided outstanding support to the Bureau of Industry and Security over the past year, displaying tremendous versatility and depth of knowledge on a range of issues.  His work has proven integral throughout each step of the President’s Export Control Reform Initiative.  He also played a major role ensuring the President’s recent trip to India was a success by ensuring that BIS was able to deliver on new bilateral agreements with the Government of India

Support Staff of the Year - Michael Christensen – US Patent and Trademark Office

Michael served as the IT Liaison/IT Specialist assigned to the Office of the General Counsel at the Patent and Trademark Office.  He has been the “go-to” person to get things done and is a model teammate who set a positive example.  Michael exhibited great dedication to his technical support work while serving as the IT expert for services, system development, and coordination with OGC, USPTO, and DOC customers, frequently working long hours to provide IT customer service and systems design support.  He consistently volunteered to help attorneys, paralegals, and support personnel with a myriad of IT tasks to ensure legal mission requirements were met.  Michael has been a leader on the EDMS project and a leader in the OGC Technology Working Group.

The Administrative Conference of the United States - 2010 Plenary Session

Alternate TextOn December 9-10, 2010, the Administrative Conference of the United States (ACUS) met for the first time since 1995.  General Counsel Cameron Kerry represented the Department of Commerce and was joined by NOAA General Counsel Lois Schiffer.  The representatives heard remarks from ACUS Chairman Paul Verkuil and were officially sworn in as members of the Administrative Conference of the United States by Supreme Court Justice, Antonin Scalia.  On Thursday a recommendation for new agency procedures addressing Federal preemption of state law was offered.  After some discussion and revision the recommendation was accepted.  On Friday, members were divided into five breakout groups to brainstorm about the direction the ACUS might take in the coming months and years.  The next Plenary Session will take place on June 16-17, 2011, in Washington, D.C.

Expanding the Global Fight Against Corruption

By Cameron F. Kerry

Today, December 9, is International Anti-Corruption Day.  It’s an occasion to reflect on the global fight against corruption.

Bribery and corruption are trade barriers that impede our ability to rebuild the economy and meet President Obama’s goal of doubling U.S. exports. In the past year alone, American companies are believed to have lost out on deals worth about $25 billion because they refused to pay bribes.  

Companies should be able to compete for international business on the quality and price of their products and services, not bribes.   

“In too many places, the culture of the bribe is a brake on development and prosperity, President Obama has said. “It discourages entrepreneurship, destroys public trust, undermines the rule of law and stifles economic growth.” 

The United States has been a leader in combating transnational bribery since it enacted the Foreign Corrupt Practices Act (FCPA) in 1977.  It has been leading by example: U.S. enforcement agencies have filed 105 enforcement actions involving bribery of foreign officials since the beginning of 2009, and have collected over $2 billion in criminal and civil penalties.  In a review of U.S. efforts, the 38-country Working Group on Bribery of the Organization for Economic Cooperation and Development (OECD) recently applauded U.S. enforcement.

The United States has also been working to level the playing field internationally.  The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions now has 38 parties who undergo detailed peer review; the United Nations Convention Against Corruption has been joined by 148 nations and is stepping up compliance review; when the G-20 leaders met in Seoul last month, they endorsed President Obama’s proposal to broaden the G-20 anti-corruption agenda and adopted a comprehensive Anti-Corruption Action Plan.  

What we still need is the political will to implement and enforce these international anti-corruption mechanisms on the part of all countries with companies in international business.  Countries such as the United Kingdom and Germany are taking steps to improve laws and step up enforcement. Under France’s G-20 Presidency, we count on that country to set a strong example as well.

Economic powers like China and Russia are critical to the fight.  China, a G-20 member, does not currently have a law criminalizing bribery of foreign officials in international business transactions, but ongoing U.S.-China government-to-government exchanges appear to be making progress. China’s National People’s Congress has published for comment proposed amendments to its criminal law that would prohibit foreign bribery in international business and may take up the bill early next year. G-20 member Russia also has a foreign bribery law in the works.

Fighting corruption also requires cooperation between government and civil society. The Working Group on Bribery recently released Good Practice Guidance to help companies develop compliance programs for preventing and detecting foreign bribery. The G-20 will invite industry and civil society to increase voluntary compliance efforts and innovative public-private partnerships to prevent corruption as part of its Anti-Corruption Action Plan.

Because of the FCPA, businesses subject to U.S. jurisdiction have incorporated foreign bribery compliance programs into their corporate cultures. In fact, companies subject to the FCPA have said they rely upon it as a useful tool to shield themselves against bribe solicitations, refusing to pay them because they are illegal not only under local law, but also back home.

Strong preventive programs enable companies to lead by example and educate their employees about the importance of fighting corruption.  Companies known for their integrity and quality business practices are also more likely to be highly valued by capital markets.  Compliance enhances true competitiveness.  Governments seeking sustainable growth – as opposed to kleptocratic ones – prefer doing business with reputable companies that deliver high-quality products and services without undermining good governance.

We’d like more businesses from other countries to do the same.  The way to level the playing field is not to lower U.S. standards.  Rather, it is to set the bar high against corruption for all companies no matter where they are from by continuing to expand the network of trading partners participating in the fight against transnational bribery.

No nation or government, no business or NGO can end corruption in international business transactions alone. 

Cameron Kerry is General Counsel of the U.S. Department of Commerce.

US - China Commercial Relationship Policy Conference

Last week the US Department of Commerce jointly sponsored a Policy Conference to discuss the US-China Commercial Relationship with the Jackson School of International Studies at the University of Washington, the Henry Jackson Foundation, and the host of the event, Georgetown University.  The event featured a number of panels composed of experts from all fields discussing the state and future of US-China policy.  The event was bracketed by welcoming remarks from Commerce Secretary Gary Locke and concluding remarks by General Counsel Cameron Kerry.  Kerry also participated on the conference’s final panel in a discussion of the Impact of Developments in China’s Commercial Legal System

During his remarks, General Counsel Kerry spoke about the work of his office and the Department of Commerce in developing commercial rule of law in China.  He said, "With the Rule of law, business can predict and plan their investments, research and development, purchases, and sales with greater certainty.  Without it, they are left to guess about the costs and benefits of any deal."  He discussed the importance of both the US-China Joint Commission on Commerce and Trade (JCCT) and the Strategic and Economic Dialogue (S&ED) in fostering a strong bilateral commercial relationship.  He described the US-China Legal Exchange, a program designed to foster mutual understanding of the legal regimes governing trade and investment that began in 1983. He also spoke of his role as co-lead of the Transparency Dialogue, which has led to greater transparency in Chinese Government decision-making processes, including the promulgation of rules and regulations and dialogue on transnational bribery.  He sees the role of lawyers in both countries as crucial to promoting the rule of law. 

After his panel, General Counsel Kerry concluded the conference by addressing the need for a more sustainable, balanced trade with China.  He noted that the two nations are inextricably linked to each other’s wellbeing and that China must strive to be as free, fair, and open as the United States.  The conference has helped to set the stage for the JCCT, which the US will host in Washington, DC on December 14-15, 2010.

 

Read General Counsel Kerry's remarks here.

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General Counsel Kerry addresses the OECD 30th Annual Privacy Guidelines Conference in Jerusalem

Alternate TextYesterday, General Counsel Kerry participated in the keynote panel of the 30th Annual OECD Privacy Guidelines Conference.  The conference's opening remarks were delivered by Director General Guy Rotkopf of the Israeli Ministry of Justice and OECD Deputy Secretary-General Richard Boucher.  The keynote panel entitled “Privacy in the Context of the Internet -- Recording Everything and Forgetting Nothing?” featured GC Kerry, joined by Jennifer Stoddart, the Privacy Commissioner of Canada; Andrew Wyckoff, Director of Science, the Technology and Industry, OECD; and Marie Shroff, the Privacy Commissioner of New Zealand (as pictured from right to left). 

The group discussed a broad range of privacy principles and issues facing government officials and policy makers in both the private and public sectors.  In his remarks, Kerry expressed a desire to create a global environment that fosters meaningful tools to protect privacy.  He also focused on developing a policy that will create the trust that is necessary for consumers, industry and government to continue the innovation that has caused tremendous economic growth.  The first day of the conference then concluded with closing remarks from Israeli Prime Minister Benjamin Netanyahu.

More information on the OECD Privacy Conference here.

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General Counsel Kerry to co-chair new White House Subcommittee on Privacy

General Counsel Cameron F. Kerry will co-chair the White House Council’s new Subcommittee on Privacy and Internet Policy with Assistant Attorney General Christopher Schroeder.

As part of the Obama Administration’s commitment to promoting the vast economic opportunity of the Internet and protecting individual privacy, the National Science and Technology Council has launched a new Subcommittee on Privacy and Internet Policy. Populated by representatives from more than a dozen Departments, agencies and Federal offices, and co-chaired by the two of us, the subcommittee will develop principles and strategic directions with the goal of fostering consensus in legislative, regulatory, and international Internet policy realms.

Read More here.

Opening Day of the 2010 US-China Legal Exchange in Hangzhou, China

Alternate TextOn Monday, October 18, 2010, General Counsel Cameron Kerry and Vice Minister Chong Quan opened the 2010 US-China Legal Exchange in Hangzhou, China. The General Counsel and Vice Minister emphasized the importance of a frank and open exchange of ideas; the opening day certainly met that standard.

Courtney Gregoire, Director, National Export Initiative, International Trade Administration, offered a presentation on the Commerce-led National Export Initiative. John McInereny, Chief Counsel, Import Administration and Albert Hsu, Chief Economist, Import Administration, offered several presentations on the procedures and application of US Anti-Dumping and Countervailing Duty (CVD) law. The Chinese delegation offered comments and posed poignant questions.

In addition to an extremely productive Legal Exchange, General Counsel Kerry was warmly welcomed at Zhejiang University where he addressed and interacted with a group of law students and professors.

Tomorrow, the US delegation moves on to Wuhan for the second stop on the Legal Exchange before concluding in Chengdu on Friday, October 22, 2010.

The US-China Legal Exchange is a cooperative program between the Department of Commerce and China's Ministry of Commerce focused on enhancing commercial rule of law and promoting a stronger bilateral commercial relationship conducive to increasing exports

OGC Offsite Retreat

US Patent & Trademark OfficeGeneral Counsel Kerry led an offsite training for all of the attorneys at the Department of Commerce on September 22, 2010.  This training at the United States Patent and Trademark Office in Alexandria marks the third time the entire Office of General Counsel (OGC) has met as a group during his tenure.  The meeting focused on two critical management priorities: collaboration and active client engagement.  Much of the legal work in the office of the General Counsel cuts across the entire Department.  The offsite was an excellent opportunity for attorneys to work collaboratively – breaking down the institutional barriers.  Client engagement early in the development of a new project allows attorneys to provide timely, high quality legal advice that helps the bureau or Department achieve its goal.

Deputy General Counsel Geovette Washington, along with Deputy General Counsel for Strategic Initiatives Quentin Palfrey presented OGC’s goals and priorities.  This presentation highlighted ways in which OGC strives to:

  • Make a lasting impact on rules for commerce that help restart and revitalize the economy and lay a foundation for sustainable US leadership in a global economy.
  • Build a culture of excellence, service, and creative collaboration in the Office of General Counsel and across the Department.
  • Support and protect the Administration and the Secretary of Commerce.

Promoting Security and Protecting Privacy in the Digital Age

General Counsel Cameron F. Kerry TestifiesOn Wednesday, September 22, 2010, General Counsel Cameron Kerry testified before the Senate Committee on the Judiciary. The Committee is holding a hearing on "The Electronic Communications Privacy Act: Promoting Security and Protecting Privacy in the Digital Age." General Counsel Kerry appeared on a panel with Associate Deputy Attorney General James A. Baker from the Department of Justice. 

General Counsel Kerry’s testimony reflects the work of the Department of Commerce Internet Policy Task Force on data privacy, cybersecurity, and other issues affecting the digital economy in the 21st Century.

General Counsel Kerry’s testimony reflects the work of the Department of Commerce Internet Policy Task Force on data privacy, cybersecurity, and other issues affecting the digital economy in the 21st Century.  The testimony discussed changes in the digital landscape since the Electronic Communications Privacy Act was enacted in 1986, especially in cloud computing, mobile phones, and location services.

Here is link to his prepared testimony (PDF).