NCP Annual Reporting Questionnaire 2024

Pablo Agustín Obregón, National Director of Multilateral Economic Negotiations (pob@mrecic.gov.ar), Gonzalo Martín Jordán, Deputy Director at the National Directorate of Multilateral Economic Negotiations (jrn@mrecic.gov.ar), Pilar Eugenio, First Secretary of Embassy, National Directorate of Multilateral Economic Negotiations (euo@mrecic.gov.ar), Juan Pablo Waserman, Advisor, National Directorate of Multilateral Economic Negotiations (jpw@mrecic.gov.ar)

As part of the Ministry of Foreign Affairs, International Trade and Worship, the NCP has four members, one is the Head of the National Contact Point.

The Argentine NCP is located in the National Directorate of Multilateral Economic Negotiations of the Ministry of Foreign Affairs, International Trade and Worship.

Due to the peer review of the NCP that will take place in Q3 2025, the second annual meeting of the Advisory body has been postponed. It will take place will take place at the beginning of 2025

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The financial resources does not allow to organise promotional events on our own. This is the reason why we co organise events with other partners or participate in promotional events organized by other partners. With relation to the NCP meetings at the OECD, were possible, the NCP attended the meetings that were held virtually.

Although the NCP does not report directly to Congress, the government does so on a regular basis through its chief of staff and National Ministers. The ANCP is part of the Ministry of Foreign Affairs, International Trade and Worship and as such is subject to the system of control and accountability established by the Argentine National Constitution, which includes the possibility for the Congress to question the Ministers of the Nation in relation to a particular matter.

Modifications were made to the rules of procedure of the ANCP in relation to the changes in the 2023 version of the Guidelines.

The following specific instances should be included in the database. The information was taken from the reporting templates, which were sent to the OECD NCP Secretariat upon request: 1) Specific Instance: CEDHA-Glencore Lead NCP country: Argentina Supporting NCP country(ies): Australia Host country(ies): Argentina Date:01-Jun-2011 Name of submitter: Centro de Derechos Humanos y Ambiente (CEDHA) ☒ NGO Name of the company(ies): Xstrata Copper - Glencore Sector: Mining and quarrying Chapters of the Guidelines ☒ GeneralPolicies (Chapter II) ☒ Disclosure (Chapter III) ☒ Environment (Chapter VI) Outcome ☒ Concluded –without agreement between parties Initial assessment Statement Date adopted/published: 28-Oct-2011 Final Statement Date published: 03-Nov-2014 https://cancilleria.gob.ar/userfi les/ut/comunicado-de-cierre-glencore-cedha_0_0.pdf Initial assessment phase (100 words maximum if case is accepted, 200 words maximum if case is not accepted) On 28 October 2011, the ANCP declared the formal admissibility of the Complaint, since it considered that, prima facie, the complaint submitted by CEDHA complied with the formal requirements set forth in the OECD Guidelines for Multinational Enterprises. In addition, after analysing the connection between the request made by CEDHA, the documents submitted and the goals proposed by said organization, and considering the relevance of the case for relationships between companies and the societies in which they operate, as well as the impact of these activities on the natural environment in which they are conducted, the ANCP decided to declare the formal admissibility of this instance. Main outcomes (200 words maximum) The ANCP communicated separately with both Parties. The complainant proposed to work on a Protocol for Mining Activities in glacier areas and periglacial environments. The company stated that it was willing to work on a Protocol, noting that the Federal Government and the Provincial and Municipal Governments needed to be invited to work on the process. The ANCP recommended both parties that they reach an agreement on a common text before inviting any third parties to participate in the Protocol. Although CEDHA and Xstrata/Glencore held informal contacts on the draft Protocol for the glacial territory, and despite the fact that the ANCP continued with the specific instance, conversations were halted in late 2012 and no progress was observed during 2013. The ANCP forwarded to the National Directorate for Mining (Argentine Mining Secretariat) a letter containing the submission made by CEDHA ("specific instance") and the relevant Declaration of Formal Admissibility issued by the ANCP. During a meeting held on 10 March 2014, the President of CEDHA reiterated that he considered that the time granted for dialogue had expired. This was reiterated in a letter sent by CEDHA to the Argentine and Australian National Contact Points, expressing that three years had elapsed since it submitted its claim. The letter also informed that at that stage, CEDHA considered that the Company was disregarding the specifi c instance and the proceedings before the ANCP. In addition, in a letter sent by the Company on 7 July 2014, it was reiterated the need to consult with other federal and provincial entities with respect to CEDHA's attempt to draft a Protocol. Although the ANPC attempted to bring the parties together in order to foster dialogue between them, with a view to complying with the role assigned to it under the Guidelines, the conditions imposed by the company to engage in direct dialogue frustrated the goal. Based on the foregoing and taking into consideration the time that had elapsed, as well as the lack of progress made in connection with the measures adopted in order for both parties to engage in dialogue, the ANCP considered that it could no longer persist in its role of facilitator. Consequently, the ANCP concluded the specific instance. 2) MónicaCabariti - Arca Continental Lead NCP country: Argentina Host country(ies): Argentina Date: 21-Oct-2020 Name of submitter: Mónica Cabariti ☒ Individual(s) Name of the company(ies): Arca Continental Sector: Accommodation and food service Chapters of the Guidelines ☒ General Policies (Chapter II) ☒Disclosure (Chapter III) ☒ Environment (Chapter VI) Status ☒ Concluded – without agreement between the parties Initial assessment Statement Date adopted/published: 21-Jan-2021 ☒ Final Statement Date published: 28-Apr-2021 https://cancilleria.gob.ar/userfi les/ut/cabariti-y-arca-continental-comunicado-fi nal.pdf Relevant dates ● The NCP received the specific instance on: 21-Oct-2020 ● The initial assessment was completed on: 21-Jan-2021 ● The specific instance was accepted / not accepted on: 21-Jan-2021 ● The specific instance was concluded on: 28-Apr-2021 Main issues (100 words maximum) Mónica Cabaritti, an Argentinean citizen, filed acomplaint with the National Contact Point in Argentina arguing that the company ARCA CONTINENTAL"does not comply with the OECD Guidelines for Multinational Enterprises concerning the environment and the disclosure of information, distorts reality, hides the environmental and social impact of its operations from public opinion, contradicting the information provided in the company's Code of Ethics". Initial assessment phase (100 words maximum if case is accepted, 200 words maximum if case isnot accepted): The ANCP was of the opinion that this specific instance merited further analysis, considering that, prima facie, the complainant's submission met the formal requirements under the Guidelines and the "Argentine National Contact Point Procedure". Therefore, it was appropriate topartially declare its admissibility. The ANCP granted the complainant's request to convene a meetingwith the company and to use the ANCP's capacity and influence to promote the Guidelines. Main outcomes (200 words maximum): The ANCP held virtual meetings with the parties, in which the characteristics of the specific instance procedure, as stipulated in the Guidelines, were explained. Both parties submitted documentation on which they based their allegations in support of their positions. ARCA CONTINENTAL expressed by electronic notification of 18 March 2021 that it had decided to decline the specific instance. Nevertheless, it thanked the ANCP for the good offices and the opportunity given to the company to make a proper defence, to respond to the complaint and to prove, as it indicated, in a sufficient manner, that it had compliance with all legal and regulatory provisions related to environmental management.

In a context of heavy financial restraints, we continue facing difficulties to reach a bigger audience.