Commerce

CLDP supports programs and initiatives that encourage entrepreneurship, reduce soft barriers to trade, and generally enable legal environments conducive to the efficient conduct of business and economic growth.

Legislative Reform

CLDP supports government efforts to reform commercial laws through workshops and seminars for legal stakeholders that demonstrate how the development of laws that comply with international standards can stimulate economic growth. As an example, CLDP works on developing secured lending laws, which allow entrepreneurs to borrow on real as well as movable property. Secured lending law development efforts are designed to facilitate the process by which banks can lend to private enterprises, and small and medium enterprises (SME’s) in particular, to create economic opportunities for entrepreneurs.

CLDP also conducts legislative reform programs addressing the following commercial laws:

  • Company Laws
  • Corporate Governance Codes
  • Insolvency Laws
  • Contract Laws
  • Arbitration Laws
  • E-Commerce Laws

Contracts

CLDP carries out trainings and consultations on contract negotiation, construction, and adjudication in various economic sectors. As a few examples, CLDP has conducted programs designed to increase the ministerial capacity of resource-rich nations in negotiating contracts with foreign multinationals, has conducted trainings of both public officials and private businesspersons on technology transfer contracting, and has trained numerous judges on international sales contract concepts. Additionally, CLDP has assisted judicial systems of host nations in the logistics of court administration in order to ensure viable venues for contract adjudication.

Arbitration & Investment

CLDP assists partner governments in developing modern arbitration regimes that drive economic development by ensuring fair and efficient investment environments. CLDP carries out programs at each systemic point relevant to an effective arbitration regime, from treaty accession and legislative drafting to administrative implementation of statutes and judicial enforcement of arbitration clauses and arbitral awards.

Entrepreneurship and Economic Development

CLDP organizes symposia and forums that focus on the essential role that entrepreneurship plays in overall economic growth. CLDP works with U.S. and foreign experts to design presentations on how laws and government programs can be used to support entrepreneurs, and includes the participation of regional business owners and attorneys who share their experiences establishing and managing businesses. Other CLDP programming focuses specifically on developing the skills and capacities of small- and medium-sized enterprises through workshops on international business practices and market readiness.

Legal Education Curriculum Development

CLDP works with law schools to facilitate the inclusion of modern commercial law courses—both traditional and clinical—in the legal curriculum with the aim of producing generations of legal professionals with the knowledge and skills to practice in a liberalized international economy.

Upcoming Programs

June 17, 2019 - June 20, 2019

On June 17-20, 2019 in Tbilisi, Georgia, CLDP will partner with the World Customs Organization (WCO) and the Georgia Revenue Service (GRS) to deliver a customs and trade facilitation workshop with the Afghanistan Customs Department.  The workshop will continue CLDP’s support of Afghanistan Customs’ modernization initiatives, which have helped increase the transparency and predictability of Customs operations in Afghanistan—a key component of fostering a better business environment in Afghanistan for trade and investment.

The June 2019 workshop will build on previous CLDP and WCO-facilitated Customs exchanges between Afghanistan and Georgia; and the program will focus on Afghanistan’s continued implementation of the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA), as well as Afghanistan’s overlapping efforts to accede to the WCO Revised Kyoto Convention (RKC) for the simplification and harmonization of customs procedures.  In addition to transparency and Customs integrity topics, program participants will work during the 4-day exchange to identify regulatory frameworks for risk-based customs targeting, audit, and trusted trades programs. 

For information about CLDP and the WCO’s previous Customs exchanges between the Afghanistan Customs Department and the Georgia Revenue Service, please see “Afghanistan: CLDP Conducts Customs Project Management Training with the Afghanistan Customs Department, Georgia Revenue Service, and WCO.”

June 17, 2019 - June 20, 2019

CLDP in Action

May 16, 2019 - May 17, 2019

On May 16-17, 2019, in Lima, Peru, the Commercial Law Development Program (CLDP) led a two-day workshop on Sustainable Regulation of Uranium Mining for approximately 35 officials from the Government of Peru. The purpose of this workshop was to advise the Government of Peru on the legal and regulatory framework it will need for the commercial mining of uranium.  

This workshop was a follow up to CLDP’s two analyses of Peru’s proposed regulations, the first of which advised on the regulatory framework and the second on Peru’s draft regulation for mining (i.e. extracting) uranium ore.  The workshop thus reviewed CLDP’s observations and recommendations made in those two analyses, provided an overview of the U.S. experience in regulating the lifecycle of uranium development, and identified lessons and practices that could be applicable to Peru. CLDP brought two experts who provided the bulk of the sessions for the workshop: Jon Indall, a lawyer at Maldegen Templeman & Indall L.L.P.; and Roger Haskins, a retired official from the Bureau of Land Management (BLM), and a last-minute replacement for Adam Merrill, an official at BLM who had analyzed Peru’s documentation for CLDP’s two analyses and had prepared this workshop’s slides. 

The officials from Peru were from a number of regulatory bodies, although the two key regulatory bodies present were the Ministry of Energy and Mines (MINEM) and the Peruvian Institute of Nuclear Energy (IPEN).

CLDP looks forward to building on this workshop by hosting a second meeting in July, 2019 to explore topics such as public participation and environmental impact assessments in mining.