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The Federal Trade Commission announced the agenda for its November 29 forum exploring the use of enforceable industry codes of conduct to protect consumers in cross-border commerce. The forum will examine how government entities, businesses, consumer groups, and other organizations can develop and administer voluntary procedures that govern areas falling outside of traditional government oversight.  These systems are becoming increasingly important with the expansion of global commerce.

The forum will open with introductory remarks by FTC Commissioner Edith Ramirez, followed by a panel discussion on the rise of cross-border codes of conduct and a speech by former FTC Chairman William E. Kovacic on the antitrust implications of such codes.  The forum also will feature panel discussions on two code-based systems, including one created earlier this year to give consumers in the Asia-Pacific region more consistent privacy protections when their information moves between countries with different privacy rules.  The subsequent panel will address how recent U.S. legislation on toy and food safety has incorporated elements of code-based systems, including third-party standards and independent conformity assessment.  The final panel will focus on best practices and metrics used to measure and compare code-based systems.

The FTC is presenting this forum in conjunction with the 2012 Biennial Meeting of the American Society of International Law International Economic Law Interest Group. Parties may submit relevant academic articles, papers, codes of conduct, studies, and related materials and request that they be posted on the FTC’s event web page by sending an email to the FTC’s Office of International Affairs.

The FTC forum is free and open to the public, and pre-registration is not required.  It will be held at the FTC’s satellite conference center at 601 New Jersey Ave., NW, Washington, DC.  Please arrive at the FTC 30 minutes before the event, and bring a valid government issued photo ID.  The security processing will include a metal detector and X-ray screening of all hand carried items.

Enforceable Codes of Conduct: Protecting Consumers Across Borders

8:30 Registration
9:00 Introductory Remarks
Commissioner Edith Ramirez
Federal Trade Commission
9:10 Panel
The Rise of Cross-Border Codes of Conduct

Moderator: Stacy Feuer, Assistant Director for International Consumer Protection, Federal Trade Commission

Sungjoon Cho, Professor, Chicago-Kent College of Law
Joseph N. Mariano, President, Direct Selling Association
Robin Simpson, Senior Policy Adviser, Consumers International
David C. Vladeck, Director, Bureau of Consumer Protection,Federal Trade Commission
David Zaring, Assistant Professor, University of Pennsylvania
10:25 Speaker
Antitrust Implications of Cross-Border Codes

William E. Kovacic, Professor, George Washington University Law School; Former Chairman, Federal Trade Commission
10:45 Break
11:00 Case Study
APEC’s Cross-Border Privacy Rules (CBPR) System

Markus Heyder
, Counsel for International Consumer Protection, Federal Trade Commission

Paula J. Bruening, Vice President, Global Policy Centre for Information Policy Leadership, Hunton & Williams LLP
Daniele Chatelois, Chair, APEC Data Privacy Subgroup; Senior Policy Advisor, Digital Policy Branch, Industry Canada
Joshua Harris, Vice Chair, APEC Data Privacy Subgroup; Chair, APEC’s CBPR Joint Oversight Panel; Associate Director, Office of Technology and E-Commerce, U.S. Department of Commerce
Frances J. Henderson, National Director, Privacy Initiatives, Council of Better Business Bureaus
Melissa Higuera Pérez, Director for Privacy Policies and Agreements, Federal Institute of Access to Public Information and Data Protection of Mexico
Saira Nayak, Director of Policy, TRUSTe
Scott Taylor, Chief Privacy Officer, Hewlett-Packard Co.
12:15 Lunch
1:30 Case Study
OECD Guidelines for Multinational Enterprises (MNE)

Peter Avery
, Secretariat, OECD Committee on Consumer Policy

Clifford Henry, Member, Stakeholder Advisory Board to the U.S. NCP; Associate Director, Corporate Sustainable Development, Proctor & Gamble
Jonathan Kaufman, Member, Stakeholder Advisory Board to the U.S. NCP; Staff Attorney, EarthRights International
Thea Mei Lee, Vice Chairwoman, U.S. State Department Advisory Committee on International Economic Policy; Deputy Chief of Staff, AFL-CIO
Gwenann Manseau, Senior Attorney, Office of the Chief Counsel for International Commerce, U.S. Department of Commerce
Alan K. Yu, U.S. NCP for the OECD Guidelines, Office of Economic Policy Analysis and Public Diplomacy: Corporate Social Responsibility Unit, U.S. Department of State
2: 45 Case Study
Toy Safety and Food Safety

Scott Cooper
, Vice President Government Relations and Public Policy, American National Standards Institute

Charlotte Christin
, Senior Policy Advisor, Office of Policy, U.S. Food and Drug Administration
Caroline Smith DeWaal, Food Safety Director, Center for Science in the Public Interest
Alan P. Kaufman, Senior Vice President Technical Affairs , Toy Industry Association, Inc.
Richard W. O’Brien, Director, Office of International Programs and Intergovernmental Affairs, U.S. Consumer Products Safety Commission
Joseph A. Scimeca PhD, Vice President, Global Regulatory and Scientific Affairs, Corporate Food Safety and Regulatory Affairs, Cargill, Inc.
4:00 Break
4:15 Panel
Best Practices and Metrics

Keith Fentonmiller
, Senior Attorney, Division of Advertising Practices, Federal Trade Commission

Anne Meuwese
, Professor, Tilburg University Law School
Sheila A. Millar, Vice-Chair, Commission on Marketing and Advertising, International Chamber of Commerce; Partner, Keller and Heckman
C. Lee Peeler, President and CEO, National Advertising Review Council; Executive Vice President, National Advertising Self-Regulation, Council of Better Business Bureaus
Robin Simpson, Senior Policy Adviser, Consumers International
Norma Tregurtha, Senior Policy Manager, ISEAL Alliance
5:30 Closing Remarks

As more U.S. companies and consumers do business overseas, more FTC work involves international cooperation.  The Office of International Affairs serves both as an internal resource to Commission staff on international aspects of their work and as an official representative to numerous international organizations.  In addition, the FTC cooperates with foreign authorities through formal and informal agreements.  The FTC works with more than 100 foreign competition and consumer protection authorities around the world to promote sound policy approaches.  For questions about the Office of International Affairs, send an e-mail to  Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources, including the FTC International Monthly.

Contact Information

Peter Kaplan
Office of Public Affairs

Keith Fentonmiller
Bureau of Consumer Protection

Hui Ling Goh
Office of International Affairs