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The process for becoming an APEC CBPR system Accountability Agent

1.   You should submit the completed Signature and Contact Information form AND all supporting documentation for your application to the relevant authorities in the economies in which your organisation intends to operate for a preliminary review. 

Note: The relevant authorities may consult other government agencies or authorities (as appropriate).

USA: Send the documents by post to Michael Rose, Office of Digital Services Industries, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW, Room 20001, Washington, D.C. 20230 USA.

2.  After completing its preliminary review, if the relevant authority supports your organisation's application for recognition as an Accountability Agent, the relevant authority will forward your organisation's application to the Chair of the APEC Electronic Commerce Steering Group (ECSG), the Chair of the APEC ECSG Data Privacy Subgroup (DPS) and the Chair of the APEC CBPR system Joint Oversight Panel (JOP).

3.  The JOP will consider your organisation's application and issue a recommendation report to the ECSG regarding whether your organisation should be recognised as an Accountability Agent.

The JOP's decision concerning whether to recommend your organisation be recognised as an Accountability Agent will be made by simple majority. There are 3 members of the JOP. Where a prospective Accountability Agent is wholly or partially a public or governmental entity in one of the economies in which the organisation intends to operate, the JOP will not comprise any representatives of those economies. If necessary, the Chair of the DPS will designate another representative from another economy.

4.   Your organisation's application (including all supporting documents) and the JOP recommendation report will be forwarded by the JOP Chair to all APEC economies for their consideration.

Before issuing a recommendation report, if the JOP majority is not satisfied that your organisation meets all the Accountability Agent requirements, your organisation may be asked to provide further information or to clarify some aspects of the application.

Please note: If, after further information and clarification have been provided by your organisation, the JOP is still not satisfied that your organisation meets all the Accountability Agent requirements, you will be offered a choice (a) withdraw your application or (b) to proceed with your organisation's application. If you choose to proceed, the recommendation report may advise against your organisation's recognition. While APEC economies are not required to follow the JOP's recommendation, it is very unlikely that they would agree to recognise your organisation as an Accountability Agent in those circumstances.

5.  While APEC economies consider your organisation's application, they may ask your organisation to provide additional information or to clarify some aspects of the application. Should this arise, the request will be made to you via the JOP Chair or CBPR Secretariat.

6.  Where a JOP recommendation report (by majority) supports the recognition of your organisation as an Accountability Agent, the JOP will give APEC economies a specified period within which to express any objection to your organisation's recognition. If no objection is received, your organisation becomes an APEC CBPR system Accountability Agent from the day after that period ends. The period of recognition is one year from this date unless your organisation discontinues its participation in the APEC CBPR system OR its recognition is suspended OR discontinued.

The JOP Chair will advise your organisation whether you application has been successful.

Please note: If one or more APEC economies object to your organisation being recognised as an Accountability Agent, your organisation will not be recognised as an Accountability Agent. This does not prevent your organisation from applying in the future.

7.  If your organisation's application for recognition is successful you must make your complete application (including supplementary material provided in response to requests from the JOP and/or APEC economies) easily accessible to any member of the public on your website. 

Your organisation may redact commercially confidential material before it is posted on your website.

The JOP recommendation report (including any dissenting JOP opinion), your application for recognition and any supporting and additional documentation (including the Signature and Contact Information form, but excluding commercially confidential material), will be made publicly available on this website after the process is complete.    

 

For more information regarding Accountability Agent participation in the APEC CBPR system see:

APEC CBPR Policies, Rules and Guidelines
APEC CBPR Joint Oversight Panel Protocols
Ongoing APEC CBPR requirements for Accountability Agents