The National Contact Point of Mexico (‘NCP’) is responsible for the promotion and implementation of the OECD Guidelines for Multinational Enterprises (“the Guidelines”). It deals with complaints regarding breaches of the Guidelines by multinational enterprises, and assists in the resolution of conflicts. It has an interagency structure and is located within the Ministry of Commerce and Ministry of Economy and Competition.
Who can access it?
Any interested party, including individuals, organizations, or companies that believe that they are negatively impacted by an enterprise’s activities.
How does it work?
A complaint needs to be submitted in writing to the postal address of the NCP. It must include the necessary contact information of the party making the submission. The complaint must also include a description of the act that violated the Guidelines, evidence to that, as well as the specific chapters that have been violated. A description of what action is expected on behalf of the NCP needs to be contained in the complaint. The interested party needs to also present a detailed explanation of all the previous steps taken to resolve the conflict, especially in the judicial or administrative system. A report of the outcome of those processes must be provided to the NCP as an Annex. The complaint pages need to be numbered.
After the submission, an initial assessment follows. During that stage the NCP considers the complaint and decides on whether or not there is a basis for a more detailed investigation. The NCP then publishes a report that formulates a set of recommendations regarding the implementation of the Guidelines and states if further examination of the case is needed. In a case that such an examination is decided upon, mediation and conciliation are offered to the parties. If an agreement is reached during this stage, it is included in a Final Statement. Otherwise, the NCP makes a final evaluation, decides on the appropriate course of action and makes final recommendations to the parties. These are included in the Final Statement. The recommendations are non-binding, and the procedure requires the participation and good faith of the parties involved.
The final evaluation of the NCP is summarized in a Final Statement, containing recommendations.
General Directorate for Foreign Investment, Ministry of Economy, Insurgentes Sur #1940 8th Floor, Col. Florida, C.P. 01030, Mexico City, Mexico