“Volunteer Senior Lawyers bring expertise and gravitas to U.S. government international technical assistance for commercial law reform." This sentiment, expressed by a number of U.S. government officials, is central to an opportunity for ABA International members to engage remotely and in-person in commercial law reform projects around the world. The idea of a possible synergy between volunteer senior lawyers and USG technical legal assistance was initially suggested by a close colleague. The result was a collaboration between the U.S. Department of Commerce’s Commercial Law Development Program (“CLDP”) and the Senior Lawyers Division (SLD), Senior International Committee. Born in April 2021, the collaborative relationship benefitted from the focused involvement of CLDP’s leadership (Joe Yang and Marc Tejtel), and Bob Lutz, Co-chair of the International Committee of the SLD, who worked in the subsequent several months to shape the original notion. Ultimately, they fine-tuned this partnership to establish a program of opportunities for senior lawyers.
What is CLDP?
CLDP is a division of the U.S. Department of Commerce’s Office of General Counsel that was established in 1992.
CLDP has a double mandate: To help developing countries create legislative, regulatory, and judicial environments conducive to trade and investment, and, at the same time, to create a level playing field in these countries for U.S. firms. Since its inception, CLDP, working at the behest of U.S. embassies, has helped more than 70 foreign governments create legislative, regulatory, and judicial environments conducive to increased trade and investment.
CLDP is a small organization of about 70 employees: international lawyers and international program specialists supported by an administrative staff. To carry out its work, CLDP relies on the expertise of its lawyers, often supplemented by the expertise of two kinds of outside experts: USG officials, in particular federal judges and regulators, as well as volunteer senior lawyers with expertise in private practice.
Where and what specifically does CLDP do?
CLDP operates worldwide and offers volunteer opportunities to senior lawyers through this unique collaboration to contribute to efforts that advance the rule of law through commercial legal reform. Current programming is conducted in many regions of the world:
- Europe and Eurasia
- Latin America and the Caribbean
- The Middle East and North Africa
- South Asia
- Southeast Asia and the Pacific
- Sub-Saharan Africa.
There are also Global Initiatives that target the development of commercial law frameworks, regulations and policies in energy sectors, women-owned and small business access to government contracts, digital connectivity, and international commercial arbitration.
A sample of regional projects illustrates the breadth of subject matter involved. For example, to assist the transition of countries to stable, market-based economies that are integrated with the world’s economies, CLDP works with countries aligning their rules and processes with international best practices [Eastern Europe, Southeastern Europe, the Southern Caucasus, and Central Asia]. It works with government procurement agencies to improve transparency, and effectiveness of systems and procedures, and also supports better insolvency practices [Latin America and the Caribbean]. In the Middle East and North Africa, CLDP connects U.S. experts with country counterparts for assistance and training on a range of commercial and legal issues. Relying upon private sector lawyers, businesspersons and professionals along with governmental officials, CLDP programming includes trade and investment assistance, intellectual property protection, technology transfer and innovation, competition and consumer protection, company and franchise law reforms, energy and mining extractive concerns, information and communication technology, transportation and infrastructure, eCommerce and cyber law, banking and financing, insolvency and bankruptcy, ADR, and women’s economic empowerment [South Asia]. CLDP also works with Southeast Asian and Pacific Island countries to develop transparent legal and procedural frameworks to oversee complex infrastructure projects in order to attract high quality investors and developers [Thailand, Cambodia, Burma, Myanmar, Malaysia, Timor Leste, Indonesia, Philippines, Vietnam, and the Pacific Islands.] In Sub-Saharan Africa, CLDP seeks to reform and strengthen intellectual property legislation, administration and enforcement on a country and regional basis [Ghana, Nigeria, Liberia, Mali, South Africa, Kenya]; plus the Economic Community of West African States (ECOWAS), Southern Africa Development Community (SADC), and East African Community (EAC)].
On a global-initiative level, CLDP helps countries on the verge of becoming major oil and gas producers to establish the capacity to manage resource revenues maximizing value and transparency. It relies on many pro bono lawyers and experts to help build and implement commercial law frameworks incorporating best practices of contracting, accounting and taxation in order to attract foreign investment.