cross border information sharing draft framework 6 th annual conference of the african dialogue on...
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CROSS BORDER INFORMATION SHARING DRAFT FRAMEWORK
6th Annual Conference of the African Dialogue on Consumer Protection
8 -10 September 2014
Crossroads Hotel - Lilongwe, Malawi.
Lewis Kulisewa
Director, Consumer Welfare & Education
CFTC - Malawi
Outline of the Presentation
IntroductionBackground Information Collaboration in Enforcement workInformation SharingBarriers to effective information sharingWhat should be done to remove barriersConclusion
INTRODUCTION
CFTC has a dual mandate of enforcing competition and protecting consumers from unfair trading practices
Increasing trends of cross border trade provides a breeding ground for cross border violations of consumer interests
A robust framework for international cooperation and information sharing is key to effective enforcement of cross border consumer violations.
INTRODUCTION
CFTC joined AD in 2013 and fully supports sustained efforts to increase international cooperation in the enforcement of consumer protection.
The key question at this stage is: How can we make international cooperation work?
This is the gist of this presentation
BACKGROUND INFORMATION
African Dialogue established in 2009 with a view to provide an opportunity to consumer protection agencies to informally interface with each other and share best practices on the enforcement of consumer protection issues.
The 5th AD held in Livingstone Zambia in September 2013; attended by 16 national authorities and 3 regional bodies - COMESA, UNCTAD and CUTS
BACKGROUND INFORMATIONMembers adopted the Livingstone Declaration -
a Draft Statement of Intent, which underlined the need for members to use their best efforts to address cross border consumer protection problems through close cooperation in the following areas: Enforcement; Investigations; Information Sharing and Capacity Building
Recognizing that there are some consumer violations that go beyond national frontiers, members noted the need for close cooperation in the enforcement of consumer protection laws.
COLLABORATION IN CROSS BORDER ENFORCEMENT
Examples of violations include fraud, spam, unfair and deceptive commercial practices, product safety and food safety among others
To cooperate on appropriate case investigations, it is proposed that;The national authority handling the case
should make a written request for assistance to the national authority in the other jurisdiction.
COLLABORATION IN CROSS BORDER ENFORCEMENT
The requesting authority should provide the following information: description of violation or suspected conduct; applicable law or regulation and its relevance to the requested assistance.
The requested authority will analyze the conduct within the context of their own jurisdiction and whether it constitutes an offence.
COLLABORATION IN CROSS BORDER ENFORCEMENT
Where facts on the ground point to an offence in the requested jurisdiction, it is almost mandatory that the requested authority will provide assistance in the investigation and enforcement process.
In the end, the decision by the requested authority may ultimately be influenced by; Resource availabilityConfidentiality provisions
CROSS BORDER INFORMATION SHARING
The ability of national authorities to freely exchange information beyond their frontiers is key to achieving consumer welfare. Essential elements of effective information sharing - the 4Cs Commitment by parties to combat cross
border consumer violationsCoordination – different authorities should
work together to process information requests within reasonable times. It is important to have designated contacts responsible for information exchange
CROSS BORDER INFORMATION SHARING
Cooperation – the legal framework should allow national authorities to enter into cooperation agreements (MOUs) for purposes of sharing information. There could be bilateral or multilateral MOUs.
Conferences, workshops , teleconferences, video conferences etc
STEPS FOR PROCESSING INFORMATION REQUESTS
The requesting authority should make a written request for assistance to authorities in the other jurisdiction.
The request should clearly specify The purpose for which the information is
sought ie is it for market intelligence or to be used as evidence in court
Undertakings of the exclusive use of the information; and that it wont be passed to third parties without further authorization.
STEPS FOR PROCESSING INFORMATION REQUESTS
The requested authority searches its data library for the requested information. Where the information requested is stored by a different government agency, the requested authority may further seek the information from the relevant agency, if necessary.
Once it is available, the requested authority analyses the information and prepares a report to be shared with the requesting authority.
The report is submitted to the requesting authority.
IMPEDIMENTS TO CROSS BORDER COOPERATION
Lack of a clear sense of commitment to cooperateImportance of the right attitude as a building
blockNeed to know each other and build trustInformal contacts more effective and quicker
Complex legal systems – Dual criminality arrangements
Bureaucracy / red tapeInadequate staffing / Inadequate exposure to
trainingConfidentiality provisions
WHAT SHOULD BE DONE TO REMOVE BARRIERS
The 4Cs are keyLobbying and advocacy – to create
awareness and mobilise support for cross border information exchange; encourage the enactment of flexible regulations on information sharing
Capacity Building: Support the creation of staff exchange programmes and participation in regional /international training programmes & seminars; provide technical assistance etc.
WHAT SHOULD BE DONE TO REMOVE BARRIERS
The 4Cs are keySet up a central online library, complete with
contact details for officials facilitating information exchange where necessary; there is need to know who to contact for cross border investigations
Enter into bilateral and multilateral MOUs on information sharing, noting that negotiation of an MOU is as important as the MOU itself. It enables the parties to know each other well and how they can exchange information effectively
CONCLUSION
The time for enhanced cross border cooperation and information sharing is now
We need to build trust through open lines of communication among national agencies
Inadequate communication can undermine trust and cripple cross border cooperation
Embrace the 4Cs It begins with you
THE END
Zikomo KwambiriFor more information, contact
The Executive DirectorCompetition and Fair Trading CommissionOff Mandala RoadMpikisano HousePrivate Bag 332LilongweMALAWITel: +2651759506/7Fax: +2651759522Email: [email protected] / [email protected]