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.

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.

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.

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 6^th and June 15^th memoranda are attached below.

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March 30, 2012 Scientific Integrity Memorandum

December 16, 2011 Scientific Integrity Memorandum

June 15, 2011 Scientific Integrity Memorandum

On March 9, 2012, General Counsel Cameron F. Kerry delivered one of the keynote addresses at the International Association of Privacy Professionals (IAPP) Global Privacy Summit 2012. Below is a copy of his remarks.

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CFK Remarks to IAPP Global Privacy Summit 2012

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.

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.

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 21^st 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 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:

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.

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.

Yesterday, 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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CFK Remarks at OECD Privacy Conference

On 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