Best Practices Manual - 2010 Association of American Chambers of Commerce in Latin America
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TABLE OF CONTENTS ABOUT AACCLA.........................................................................................................................1 BOARDS OF DIRECTORS...........................................................................................................3 BUSINESS VISAS ........................................................................................................................13 COMMITTEES.............................................................................................................................17 CORPORATE SOCIAL RESPONSIBILITY .............................................................................22 DISPUTE RESOLUTION ...........................................................................................................29 EXTERNAL RELATIONSHIPS.................................................................................................31 MATCHMAKING SERVICES...................................................................................................34 MEMBERSHIP.............................................................................................................................39 OVERSEAS ADVISORY COMMITTEE (OSAC) ....................................................................44 STAFFING AND VOLUNTEER LEADERSHIP.....................................................................46 SUPPORTING THE CHAMBER...............................................................................................50 TRADECENTER / INFOCENTER ...........................................................................................54 WEBSITE ......................................................................................................................................57 MEMBER SERVICES ..................................................................................................................61 APPENDIX A: INTERNAL COMMITTEE RULES ................................................................64 APPENDIX B: MATCHMAKING BROCHURE....................................................................80 APPENDIX C: CORPORATE SOCIAL RESPONSIBILITY PROGRAMS...........................81 APPENDIX D: CODES OF CONDUCT..................................................................................88
ABOUT AACCLA For nearly a century, the American Chambers of Commerce (AmChams) have been the most influential voice of U.S. business in Latin America and the Caribbean. Today, joined together in the Association of American Chambers of Commerce in Latin America, these 23 AmChams represent more than 20,000 companies and over 80 percent of U.S. investment in the region. Acting in partnership with the U.S. Chamber of Commerce — the world’s largest business federation — AACCLA has become the premier advocate for U.S. business in the Americas. MISSION STATEMENT The Association of American Chambers of Commerce in Latin America advocates trade and investment between the countries of the region and the United States through free trade, free markets, and free enterprise. CORE VALUES AACCLA is guided by certain core values which form the foundation of both its mission and its trade and investment advocacy. AACCLA believes that: The rule of law and freedom of choice, both in economics and politics, are basic rights that every country in the hemisphere should grant to its citizens. Economic growth is the key to improving social well-being — and therefore, the continued health of democracy — throughout societies. The economic activity of the private sector, including trade and investment, is the principal instrument of economic growth. Corporate social responsibility and sustainable development are vital to improving long-term social and economic conditions. AACCLA PROGRAMS AACCLA organizes a variety of programs and services to member AmChams and companies that are looking to the markets of the Latin American and Caribbean region. AACCLA serves as: A reliable source of information on regional trade and investment issues. A critical point of communication between the AmChams, members of the U.S. Chamber of Commerce, as well as governments in the United States and Latin America and the Caribbean. 1
A vehicle for companies based in the United States to access a business network throughout the Hemisphere. AACCLA’s conferences provide an opportunity for face-to-face interaction with executives and government officials across Latin America and the Caribbean. Individual AmCham membership directories also provide detailed information on companies throughout the region. AACCLA’s member AmChams publish business magazines written by experts who provide country-specific analysis of trade and investment opportunities — a valuable source of targeted business intelligence. 2
BEST PRACTICES MANUAL BOARD OF DIRECTORS These guidelines provide “best practices” arising from the experience of American Chambers of Commerce (AmChams) throughout Latin America and the Caribbean, in order to assist all AACCLA affiliated chambers in improving performance and increasing affiliate satisfaction. I- GOVERNANCE The Nature of an AmCham An American Chamber of Commerce abroad is an independent, non-governmental and nonpartisan, not-for-profit bilateral institution. These voluntary associations consist of U.S. enterprises and individuals doing business in a given country, firms and business executives of that country who operate in the United States, and companies from third countries operating in the host country. As members of the U.S. Chamber of Commerce, AmChams benefit from innumerable services and privileges adhering to U.S. Chamber membership. AmChams are formed to advance the interests and views of U.S. business overseas, to uphold the highest standards of commercial practice, and to interpret the point of view of other countries to the American business public. Through AmChams, business executives of the United States and host countries come together to promote their mutual interests. Mission The mission of an overseas AmCham is to promote economic relations between the host country and the U.S. through trade and free enterprise, and to further the legitimate general interests of its members. The typical major activity of an AmCham is to provide services to member firms and business executives who support the organization. Typical AmCham services include: Advocacy activities before local and U.S. government on relevant issues impacting members; Business facilitation services, including business appointments, trade missions, and market research; 3
Business opportunities, including export-import trade leads, business and government procurement information; Seminars and workshops on relevant business themes; Development of initiatives and policies to improve competitiveness and the business environment in the host country; Breakfast, lunch, and dinner meetings featuring U.S. and foreign business leaders and officials; Periodic news bulletins and other publications; Information clearinghouse on trade, investment, and commerce; Business visa services; Information center for customs, duties, tariffs, and regulations; Library and reference facilities for member use; and Participation in activities of the U.S. Chamber. Vision AmChams believe economic development is essential to social progress and well-being. AmChams consider that the key to economic development is individual effort and initiative by each member of society. They consider the rule of law, respect for property, and individual freedoms as basic human rights to be guaranteed by all authorities. Incorporation AmChams abroad incorporate under the laws of the host country, with which they must comply. AmChams abroad must also comply with the “Principles to Govern American Chambers of Commerce Abroad” as approved by the U.S. Chamber of Commerce in 1947 and subsequently amended in 1981. These principles were developed at the request of, and in cooperation with, the AmChams. Members of AACCLA must also comply with the standards of the Association. Membership AmCham members are companies and individual business executives that operate on a binational or multinational basis. They join efforts in order to promote trade and investment between the host country and the United States as a source for increased economic opportunities and equitable development, as well as reducing unemployment and poverty, to the benefit of both nations. Firms and business executives may join an AmCham to enhance community goodwill, without expectation of immediate individual benefit. Others may join for the services they may expect from the chamber, which vary according to their requirements. Most companies join AmChams for the same reason they join local chambers in the United States—to meet people, make business contacts, and exchange information useful to their business. In addition, U.S. concerns often need special assistance in foreign countries where the language, laws, regulations, and customs may be unfamiliar. 4
Rules for Admission Successful AmChams maintain transparent rules for member admission designed to ensure quality membership and a community of shared values aligned with the general objectives of the institution. Most AmChams prefer quality membership to quantity and have established screening processes through Membership Committees that ensure the participation of companies that add value to its operation and maintain high ethical standards both in business and the community. Procedures for Expulsion Membership in an AmCham is generally renewed annually with the payment of dues, and AmChams usually have the ability to discontinue membership automatically on an administrative basis. Other forms of expulsion generally involve ethical issues that are decided in a fair and transparent manner by a Membership Committee or similar committee of the Board of Directors. Differentiated Membership Guidelines Some AmChams have different membership categories according to company origin and type of activity. In establishing separate categories, rights and responsibilities, AmChams set clear, transparent, and invariable rules for classification, and fully disclose these rules to all interested parties. Active membership should consist of American citizens and American controlled firms, and citizens and firms of other countries who are engaged in commercial trade between the United States of America and the country in which the AmCham is located, and who are in agreement with the policies of the U.S. Chamber of Commerce. Relationship with the U.S. Government Close contacts should be maintained by AmChams with the representatives of the U.S. government. The sympathy and support of the U.S. government and its representatives should be accorded to all American Chambers of Commerce abroad that conform to the established standards in the conduct of their operations. Are Members Shareholders or Adherents? Members of AmChams are companies and individuals that choose to support the aims of the Chamber and derive the benefits of membership. They voluntarily join an existing institution; they do not acquire stock and as such are considered adherents, as opposed to proprietors. II- OPERATIONS AmChams represent the highest percentage of U.S. businesses operating in and with the host country, and hold the interests of these members foremost in establishing policies and priorities. AmCham operations maintain transparency, fairness, objectivity, and balance, while striving for the highest possible degree of professionalism. 5
III- FUNDING AmCham financing is a product of member dues and Chamber operations. AmChams should take careful consideration before accepting financial aid from any government, since such aid inevitably carries a degree of governmental supervision and control, and such supervision and control are neither desirable nor consistent with the independence considered essential for American commercial organizations. No subsidies or contributions should be accepted from any source which would tend to prevent AmChams abroad from having the freedom of action which is necessary in the promotion of Chamber interests in general. In the event of accepting funds from governments, AmChams should use the funding for specific projects and not to support the general operations of the AmCham. Each AmCham Board should determine the degree and conditions in which it accepts funding from multilateral agencies or other institutions for joint projects or contractual responsibilities. In any event, no project or contract should compromise the independence of the institution. IV- AMCHAM STAFF AND VOLUNTEERS AmChams are institutions made up of volunteer members, institutions, and, on an occasional basis, individuals1, and managed by a professional staff. A clear understanding of the roles of volunteers and the professional staff is the key to the success of an AmCham. Chamber volunteer leaders and officers work with Chamber staff through the CEO / Executive Director, or staff members designated by this individual, in order to carry out Chamber strategies. It is a basic rule of AmChams that all volunteers adhere to an established chain of command in order to guarantee efficiency, coordination, and balance in the execution of Chamber policies. V- VOLUNTEERS Volunteers are all unpaid individuals who take an active part in Chamber activities. Roles and Responsibilities of Volunteers The main role of an AmCham volunteer is to support the institution and its staff through initiatives, ideas, and/or financial contributions. Successful AmChams have a broad variety of members that contribute effectively to institutional development with talent and initiatives. Ensuring genuine volunteer participation in Chamber activity and rotating responsibilities are basic traits of a successful AmCham. AmCham volunteer members, both business organizations and individuals, are stakeholders as opposed to shareholders. VI- BOARDS OF DIRECTORS The Board of Directors is entrusted with the highest responsibility for Chamber affairs and full representation of member interests; as such, it holds a position of trust that calls for the 1 Unlike Chambers of Commerce in other parts of the world, membership is not limited to companies. 6
strengthening of Chamber values and practices, maintaining transparency, fairness, objectivity, and balance, and striving to obtain the highest possible degree of staff professionalism. As the number of American citizens working for U.S. business abroad continues to decline, the U.S. Chamber has taken into account the fact that today many American firms abroad are represented by non-American citizens. Therefore, the following organizational characteristics have been deemed acceptable in accordance with the current interpretation of the “principles”: AmChams may have a majority of non-U.S. citizens on their Board of Directors as long as a majority are representatives of U.S.-controlled firms; AmChams need not have U.S. citizens serving simultaneously as President and First Vice President as long as the AmCham bylaws require alternating the citizenship of the President (American vs. non-American) every other year; and AmChams may have non-U.S. citizens serving simultaneously as President and Vice President as long as one is a representative of a U.S.-controlled firm and the Board approves the nomination in advance. The constitution and bylaws should provide that any questions of policy or any proposed amendments should be approved by the Board of Directors before acted upon. Board Selection/Election Procedures Selection of Board members is best achieved through transparent processes that lead to the identification of individuals most closely aligned with Chamber values and most able to contribute ideas, resources, and prestige to the achievement of Chamber objectives. Procedures ensure the best and broadest identification of candidate options within membership. Nomination Procedures for Board Members and Officers AmChams generally entrust the nomination of new Board members and officers to Nominating Committees that are designated by the Board of Directors and generally comprised of current Board members and senior staff, as well as former officers. Transparency in the selection of Directors and officers is the hallmark of AmCham nominating procedures and requires that members of Nominating Committees fully disclose to the Committee all business or other links to prospective nominees. “Old-boy” networks within Chamber leadership are discouraged in order to achieve the benefits of broadened volunteer participation. Voting Procedures Voting procedures vary with Chamber bylaws. However, consensus is typically sought for the selection of the best candidates to serve on Boards and as officers. As a general rule, adversarial campaigns have a negative effect on Chamber activities, and 7
volunteers who actively seek to obtain office either as Directors or officers are the least suited for such responsibilities. Board Composition and Terms The profile of companies most suitable for representation on an AmCham Board is a key consideration in the selection of Board candidates. While the number of Board members and the terms that they serve vary, most AmChams have specific provisions outlining the specific numbers, as well as term limits, to ensure regular rotation of Board members. Keeping the “Am” in “AmCham” is fundamental. Accreditation guidelines for AmChams established by the U.S. Chamber of Commerce require that a majority of Directors represent U.S.-controlled firms as a reflection of the unique mission of AmChams as representatives of U.S. investment overseas and promoters of closer trade ties with the United States. The ability to influence U.S. policymakers is particularly important, as influence in Washington usually translates to credibility and clout in the AmCham’s host country. Given the strong advocacy focus of most AmChams, the ability of a company to exert influence locally through official contacts, or a positive image in the media can be a plus for the organization as a whole. Former presidents are given appropriate recognition and their experience is a valuable asset as advisors, but they have no proprietary rights, and their presence at Board meetings should never “crowd out” renewed corporate leadership. If regional offices exist, the branches’ Chairs or Presidents of the board should be members of the national Board of Directors in order to ensure adequate communication and coordination in strategies and policy development. Balance The AmCham’s influence will benefit from the inclusion of companies drawn from a diverse range of economic sectors. Having respected blue-chip U.S. and local companies on their Board is the most important element in their success. Board of Directors or Board of Trustees? Whatever the title, a member of an AmCham Board, although typically elected by the general membership, holds a position of public trust as opposed to the proprietary status accrued to Directors in a private company. Director Profiles Attracting the best individuals to serve on an AmCham Board of Directors is just as important as getting the right profile of companies. The willingness of corporate executives to make a significant personal commitment to the AmCham is a key 8
criterion for selection to a Board; and a Director’s willingness to assist in recruiting new members or lead special projects can be a tremendous advantage. It is imperative to attract highly ethical business leaders to serve on the AmCham Board. Individuals with a political background or a partisan agenda are often unsuitable for Board membership. Consultants and other providers of professional services are often useful, but should only be part of a Board of Directors when they have a demonstrable sensitivity to issues involving conflicts of interest. As previously mentioned, as a general rule members that campaign to obtain positions on a Board or as officers are the least desirable choices for such positions. Chairperson and Officer Profiles The Chairperson is generally the chief officer of the American Chamber and provides the main operating link between the Board of Directors and the professional staff, through the CEO. AmCham Chairpersons and officers hold office for one and not more than two years, and are therefore entrusted with the responsibility of upholding Chamber practices and institutional culture during his or her tenure. Elected officers in AmChams hold honorary responsibilities of trust, not proprietary functions. Board membership is an honor that provides prestige, which often has positive repercussions for the professional development of Directors. VII– PRESIDENT The AmCham President is in charge of providing leadership and visibility to the Chamber and the CEO. Among his or her main responsibilities are: Establishing the strategic direction for the Chamber, Setting the agenda for the Board and Executive Committee, Maintaining and strengthening the image and visibility of the Chamber with the media, authorities, and the U.S. and host country business communities, and Providing leadership to the Board, the Executive Committee, and committee Chairs. VIII- STRATEGIC PLANNING AmChams have a clear identity and a mission that is periodically updated through a strategic planning process that provides a level of focus beyond what appears in the bylaws. An examination of the mission can be the ideal starting point for any discussion of what sort of Director is most appropriate – or what exactly Directors should do. 9
IX- STAFF Roles and Responsibilities of Staff AmChams entrust the execution and continuity of operations and policies to professional staffs that are fully qualified, empowered, and appointed by the Board to carry out their mandate, following guidelines set during strategic planning processes. CEO Profile AmCham CEOs (sometimes called Executive Directors) have high community prestige, administrative ability, and a talent for communication at all levels. The ability to work well with professional staff and rotating volunteer officers is essential to the success of an AmCham CEO. CEOs are usually ex officio members of the Board of Directors and all Chamber committees. CEO Selection and Compensation Procedures CEOs are appointed by the Board of Directors of an AmCham, usually on a contractual basis, and serve at the discretion of the Board. Selection of CEOs is generally entrusted to a Search Committee made of up of senior volunteers, often assisted by professionals. Compensation policies are set at the outset and reviewed periodically by the Board, or by a committee specifically charged with the responsibility of executive retention. At no time is CEO retention or compensation contingent on the decisions of individual volunteers who serve as officers on a temporary basis. CEO Oversight Procedures The correct balance between an adequately empowered and fully qualified CEO and the Board of Directors is essential to the success of an AmCham. Boards of Directors generally entrust oversight to Executive and/or Management Committees that work closely with the CEO to ensure the best execution of priorities established by strategic planning processes, as well as optimal administration of Chamber resources. The Chamber’s Chairperson is the principal officer charged with CEO oversight, and best results are based on open and close teamwork between the Chairperson and the CEO. Boards of Directors are obligated to name external Auditors to monitor proper administrative performance by the CEO and receive their reports. X- EXTERNAL RELATIONS Relations with Host Country and U.S. Authorities AmChams are completely independent of governments and domestic business institutions. They do not take part in partisan politics of any nature in either the host 10
country or the United States. In promoting bilateral economic objectives and member interests, they at all times uphold the highest standards of commercial practice. AmChams maintain permanent communication with authorities at all levels of both nations in order to promote their objectives, acquire operating information for member companies, and represent their legitimate interests. The AmCham facilitates bilateral communication and understanding between both nations in order to ensure a positive environment for economic development and further integration for mutual benefit. Relations with U.S. Embassies Although AmChams are independent of either government, the most successful Chambers develop open cooperative relations with U.S. embassies in the host country in representation of member interests. They often develop joint programs in areas of practical interest, such as expedited issuance of business visas. In addition, the U.S. Ambassador in the host country often sits on the AmCham’s Board of Directors. Relations with Regional Offices In larger countries, AmChams either operate or authorize the operation of regional offices or committees that can best serve members in the different regions. Regional operations or branches share the same objectives and priorities as the principal Chamber. Except in special situations, the U.S. Chamber of Commerce recognizes only one Chamber as the legitimate AmCham in each country. It is suggested to develop a governance process for branches or regional offices, including strategic and administrative/operational guidelines. Relations with Local Business Organizations An effective AmCham transmits the most up-to-date “best practices” within U.S. Chambers to the host community business organizations by setting examples in its own operation and through programs directed at members and the community alike. XI- ADVOCACY AmChams contribute experience and information to the formation of public and economic policies in a balanced and objective manner that is institutional, transparent, pragmatic, and non-doctrinaire, in order to seek the best possible conditions for binational trade and investment. AmChams seek practical solutions to structural and economic difficulties, and strive to become a part of the solution instead of the problem. Policy issues are set forward objectively, on the merits of each issue, with special care to avoid political or personal controversy with other groups, organizations, or personalities. AmChams should not be placed in, or assume, the role of a “special pleader” on behalf of a particular industry or geographical area. In addition, AmChams should avoid intervention in narrow issues of intra-industry nature, such as matters that concern only a particular group or segment within an industry. If consensus cannot be reached among relevant committees or members, a mechanism should be in place to make the decision to take on or abandon the issue. 11
In reflecting member interests within the host country, AmChams give special attention to compliance with established corporate standards in the United States in matters such as abiding by laws, transparency, ethics, and corporate social responsibility. U.S.-based corporate values always apply in operations abroad. AmChams generally approach advocacy in areas of general policy and principle, and do not engage in representing the interests of specific affiliates, except in matters of a general nature and at the request of the member involved, preferably in writing and with the approval of corporate headquarters wherever applicable. In representing specific cases, an AmCham should avoid conflicts of interest with other members, and comply with legal and ethical standards. In conflicts of interest between members, AmChams should either promote conciliation and arbitration, or abstain. XII- INFORMATION An AmCham informs members, public opinion, and all business sectors on the benefits and opportunities in bilateral economic relations and conditions that influence them. It generates objective and balanced information on economic and operating conditions in both nations in order to facilitate planning and evaluation of business decisions by member companies. XIII- ARBITRATION AND CONCILIATION AmChams promote improved legal systems that guarantee stable, predictable, equitable, and transparent rules for business within the host country. In doing so, they promote and sponsor arbitration and conciliation mechanisms that facilitate conflict resolution and diminish inefficiencies. XIV- CORPORATE RESPONSIBILITY AmChams practice corporate social responsibility and good citizenship as institutions throughout all of their activities and programs, and promote action by affiliates directed at the local community. An AmCham is a catalyst for initiatives in these areas and uses its institutional strength to create synergy between the local community, private enterprise, and government in order to improve social and human conditions within the host country. AmChams continually inform the community of achievements in corporate responsibility and positive impacts of private social investment in the host country and the world. 12
BEST PRACTICES MANUAL BUSINESS VISAS- CONSULAR RELATIONS These guidelines provide “best practices” arising from the experience of many American Chambers of Commerce (AmChams) throughout Latin America and the Caribbean, in order to assist AACCLA-affiliated Chambers in improving performance and increasing member satisfaction. I- INTRODUCTION For better or worse, AmCham member companies from Mexico to Argentina expect that their local American Chamber will be able to expedite their dealings and solve their problems with the Consular sections of their respective United States Embassies. In some cases, members and non-members erroneously think that AmChams are a branch of the Embassy, which they are not. Nonetheless, one of the many added value services that an AmCham should provide to the best of its ability is a way for its affiliates to have improved access to visas for business travel. Prior to September 11, 2001 it was, for the most part, relatively simple for legitimate business travelers from AmCham member companies to apply for and obtain the visas they required. Changes in U.S. immigration policy and new regulations put in place via the “Homeland Security Act” have made the visa application process substantially more complicated. The U.S. Visit Program, initiated in 2004, requires that applicants for visa renewal, as well as first-time applicants, schedule interviews and provide biometric (fingerprint) data in order to complete the process. Statutory and regulatory changes initiated in 2004 require all visa applicants to have an in-person interview for all new visas, as well as for visa renewals. Consular offices are also collecting biometric (fingerprint) data in order to complete the process. The changes brought on significant delays. While many of these delays have been reduced with an increase in staff at consular posts, better technology, and as travelers have become more familiar with the process, obstacles and delays remain. The business traveler often looks to his/her local AmCham for assistance in navigating an often confusing and frustrating system. In January 2006, the Secretaries of State and of Homeland Security created the Rice-Chertoff Joint Vision: Secure Borders and Open Doors in the Information Age initiative as a commitment to both facilitating the travel of legitimate international visitors to the United States and protecting U.S. border security. In February 2007, the State Department established a worldwide customer service goal by which every U.S. business visa is to be scheduled for an appointment in 15 days or less. The State Department has also posted appointment wait times on the internet to increase transparency and facilitate travel planning. You can find the information at http://www.travel.state.gov/visa/temp/wait/wait_4638.html. 13
One of the more confusing elements in the post 9/11 system lies in the fact that, although strong general guidelines are in place for all U.S. Consulates, individual missions still have some leeway regarding cooperation with organizations such as AmChams. The range of cooperation goes from American Chambers being able to provide almost complete visa processing services to not providing any special services at all for Chamber members, and everywhere in between. This document attempts to glean the best practices of AmCham offices in the region as compiled by a survey conducted by AACCLA and the U.S. Chamber of Commerce in late 2005. This survey of AmChams worldwide helped the U.S. State Department to identify the most effective diverse business visa facilitation programs in the world. As a result, a number of significant improvements to visa procedures have been made, including posting interview wait times online at Consulates, allowing visitors to make appointments online, and at some posts reinstating business visa facilitation programs at AmChams. II- COMMUNICATION WITH LOCAL U.S. CONSULATES The first step toward being able to provide assistance to members with visa issues is to establish and maintain excellent and open relations with Embassy staff. Meeting with the Consular staff and the Consul General (CG) on a periodic and regular basis helps to maintain open and friendly lines of communication. Where possible, and particularly in countries with larger embassies, it is very helpful to establish a specific line of communication, designating one AmCham staff member in particular to be the contact person for the Consular section and for the CG and in turn designating one particular consular officer to deal with the AmCham and its membership. In this way, when an issue or question arises regarding an appointment or the visa status of an AmCham member, the lines of communication are clear and the member can get an answer or solution in a timelier manner. Due to the fact that U.S. Consulates experience frequent staff turnover, quarterly meetings between the AmCham consular contact person and the consular staff (the non-immigrant consular officers, in particular) are key. Oftentimes, junior consular officers have limited knowledge as to the conditions in the new country to which they have been assigned, and it is important to assist - where such assistance is welcomed by the CG or the Non-Immigrant Visa (NIV) section chiefs - in acquainting them with the local cost of living (salaries levels, etc.), neighborhoods, and how the business community operates locally. Many AmChams have found that this sort of mini “cultural training” is very useful as it helps the officers in making more informed visa decisions in the limited time that they have to conduct interviews. In some countries, consular officers interview as many as 80 to 100 visa applicants on a daily basis and as a result any additional insight that the AmCham can offer that will help expedite their decision-making process is greatly appreciated. Periodic meetings are also useful to discuss any new issues that may have arisen or clear up doubts regarding policy—both State Department policy and AmCham policy—regarding business visa referrals. The person in charge of visas at the AmCham should be as well-versed as possible regarding visa application procedures, types of visas, required documentation, procedures for requesting interviews (call center or direct), fees and fee payment procedures, and wait times for interviews and final visa processing. The latter four elements vary—sometimes substantially— from post to post, and an individual post can change policies without much prior notice. Therefore, it is important that the visa staff member is up-to-date with the consular section’s 14
business visa procedures. The basic information should be posted and updated continuously on the AmCham’s website, as this is often the first point of reference for members—and non- members—in search of information. It is also important that the point of contact at the AmCham be reachable, which may include establishing a special e-mail or phone number, perhaps with designated hours. III- AMCHAM VISA ASSISTANCE POLICIES It is important that the AmCham formulate a specific policy regarding visa assistance for its members. An established and consistently enforced policy not only keeps things clear for the members, but also helps to maintain credibility with Consular staff. Regardless of the visa policy chosen it should be well publicized, clear, predictable, and easy to follow. AmCham executive administration should look at several factors when deciding its visa policy, including: Local consular policies regarding interview scheduling. Although the State Department and the Department of Homeland Security have strong policies and guidelines for consular officers, there is some country-to-country leeway regarding cooperation with organizations such as AmChams. For example, some posts assign the AmCham a set number of interview slots with specific times. In other areas, applicants must make appointments through a Call Center. And other consular sections allow for group appointments or set aside a specific day or block of time to allow business visa applicants to show up without an appointment. Will the AmCham only assist with business related travel or will it also deal with other types of travel as requested by its members? Will the AmCham assist only executives and employees of member companies, or will assistance extend to family members? This is where local Consulate policy is important as some posts have Business Visa programs with benefits that can be extended to the immediate family members of employees of participating companies. Will the AmCham assist members in filling out visa forms and/or checking documentation before the applicant submits it to the Embassy? Will/can (depending on local post policy) the AmCham provide pickup/delivery service of documents? Will the AmCham charge a separate fee for visa consultation/assistance or will this service be offered as an added value for membership? Factors to consider here would include the extent of the services that AmChams can offer and the volume of work in this area. Will the AmCham impose a mandatory waiting period for new members before visa assistance services can be solicited? It is an unfortunate fact that many AmChams have found that some companies have applied for membership to the American Chamber primarily—in some cases, solely—for visa purposes. To counter this, many AmChams have adopted a six-month or one year waiting period, which is explained to the 15
companies before they apply for membership. One AmCham requires that the principal executive of any new member company have a valid B1-B2 visa. Will the AmCham have a policy to sanction a company or an individual employee of a company when false or misleading information is provided on visa application documents? IV- COMMUNICATION WITH AMCHAM MEMBERS Once the AmCham has established its policy on visa assistance, members and the Consulate should be advised in writing. The policy should be clearly articulated and easily available on the AmCham website and reinforced through the electronic bulletin. All AmCham staff should be familiar with the policy, although specific member inquiries will be referred to the designated visa assistance staff member. It is also useful to have periodic meetings (working breakfasts or lunches) with members to keep them abreast of visa policies and procedures. Consular officers should attend these meetings, when possible, to answer questions. This type of interaction also allows consular officers to get to know the membership and vice versa, overcoming boundaries and stereotypes. The AmCham should, as always, serve as a bridge between members and the U.S. Consulate, providing support to the individual member and facilitating the job of the consular officer. 16
BEST PRACTICES MANUAL COMMITTEES I– INTRODUCTION An AmCham committee is composed of CEOs or other executives from AmCham member companies who meet regularly and who have a common set of interests or program of work. Committees provide an excellent infrastructure for networking and benchmarking among AmCham members. In addition, they provide a platform that strengthens the leadership skills of young corporate executives who choose to take an active role within one or more committees. An unofficial definition of committee might be “an inexpensive and practical leadership school,” as they provide young executives with hands-on experience in the organization, motivation, sensitivity, and communication skills needed by team leaders in today’s corporate world. The nature of committees within AACCLA member AmChams is as varied as the AmChams themselves. However, it is typically noteworthy that active participation in function or task work groups/committees is closely linked to member retention. Companies who participate in committee initiatives, and who benefit from committee networking, are more likely to remain AmCham members and to support their local AmCham through events, publications, sponsorships, and other activities. Thus, because committees represent one of the primary services in all AmChams, most Chambers choose to have an open door policy for participation in committees without a cap on the number of executives from member companies that may participate. Following is an analysis of the committee work within AACCLA member AmChams, including (I) the nature and scope of committees; (II) general rules of operation, including formation, management, and dissolution of committees; (III) funding; (IV) communication; and (V) best & worst practices. II- NATURE AND SCOPE OF COMMITTEES In general, smaller AmChams operate from 5 to 10 committees, while the largest AmChams have more than 16 committees open to member participation. International Trade and Investment, Human Capital/Education, and Security Committees seem to be present in most AmChams; working groups for these committees have between 10 and 30 participants (sometimes more) and tend to meet on a monthly basis. 17
Because AmChams represent a wide array of economic sectors, it is common for committees to represent specific industries (tourism, gas and energy, real estate, telecommunications, finance) or specialized activities (legal, tax, environment, logistics, marketing). Recently, current challenges such as the protection of intellectual property rights, corporate governance, and social responsibility have justified the formation of committees dedicated to these issues. In general, committees work on specific projects when the committee Chair and the group define a particular initiative according to a pre-defined program of work, or serve as a forum to discuss issues of interest with authorities or other business leaders. It is recommended that committees have a mixture of both lines of work (action orientation and forum for discussion) and that an agenda for each meeting be prepared in advance. Also, it is advisable that an annual program of work is prepared by the committee Chair and presented to the Board of Directors specifying which deliverables will be handed out by the committee to the rest of the membership. These deliverables could include a working paper, position paper, white paper, surveys, findings, recommendations, lobbying actions, a particular campaign or initiative, or a seminar/event. III- GENERAL RULES OF OPERATION AmChams generally allow member companies to admit any number of company representatives into their committee structures. Exceptions include AmCham Venezuela, which has a unique admission policy that requires the submission of a CV and an invitation from an AmCham officer to participate. In general, most AmChams assign the management of committees to staff members. A part- time staff person can usually handle up to one fairly large committee (more than 30 participants) or two to three smaller groups (10-15 participants). A full-time staff member usually can handle up to 9 regular sized committees. Staff members perform tasks which include (a) issuing invitations to committee members and speakers; (b) acting as a secretary, preparing minutes and written materials; (c) handling the logistics and payment, if applicable, of the meeting; (d) preparing the agenda of the meeting following the instructions of the committee Chair; and (e) doing relevant research for the committee. Most meetings last from one to one and a half hours and are held within AmCham premises; the AmCham typically provides complimentary coffee. The role of the AmCham staff person in charge of coordination varies from mere administrative support to providing leadership and showing initiative in developing the committee’s program of work. AmCham Brazil-São Paulo has established a different system for the staffing of and leadership development for committee coordinators: committee members contribute to pay the salary of an intern (usually seniors in college), who at the end of his/her internship (usually 6 months) is likely to be hired permanently by one of the member companies. These interns go through a careful selection process so that the committee is assigned a top-quality young professional that will be involved closely with the committee Chair in leading the committee. An important administrative task of committee coordinators involves registering attendance so that proper records of active members are maintained; some AmChams may require that committee members attend at least 80 percent of all meetings held throughout the year. 18
Invitations are usually issued by e-mail and may be followed up by phone or fax. Some AmChams also hold a no-show policy that requires billing committee members who do not attend a breakfast /lunch meeting if they failed to send a cancellation notice 24 hours prior to the meeting. Committees are usually formed at the recommendation of the Board of Directors or the CEO, following the requests of member companies. They usually include sub-committees in charge of specific activities. Committees who are inactive or whose program of work does not reflect the interest of member companies fade out or are naturally dissolved. Some AmCham committee Chairs are formally appointed by the Board of Directors for a term of one to three years; others are formally appointed by the CEO. About half of the AmChams have a democratic process for electing committee Chairs, whereby committee members nominate their leader; many also lean toward including at least one Board Member in all of the committees to ensure better communication and leadership. The inclusion of committee Chairs as part of the Board of Directors is not automatic. However, to assure a balance in governance, committee Chairs should report to the Board periodically. A final key aspect in the management of volunteers participating as committee members or Chairs involves motivation, usually provided by the CEO and the AmCham President. Close personal contact between the CEO and committee Chairs on a weekly or at least bi-monthly basis is a must. Attendance and involvement in committees by the CEO or President is motivating but usually, for most AmChams, only takes place a few times a year on a rotating basis. Recognition of participation is usually given once a year through a special event where committee Chairs or volunteers receive an award, with the media and other members present. AmCham Trinidad & Tobago organizes general committee networking cocktails twice a year. Funding Most AmCham committees are required to produce income through events or activities and fund their breakfasts or luncheons by distributing costs among participating members. Some committee members act as sponsors of special events, generating revenue for the Chamber. It is a common practice to have close financial control on the activities organized by committee members so that these are self-funding or produce a surplus for other Chamber activities. Communication A continuing challenge is communicating the achievements and activities of committees to all the members and the business community. A general recommendation is that committee Chairs meet regularly with the CEO and President to enhance coordination and communication. It is also advisable that Chairs present a program of work to the Board and committee members at the beginning of the year, and that press bulletins are released to the media periodically when a committee has an important activity or deliverable. 19
In order to improve coordination and communication among committees, some AmChams have established a Committees Steering Team chaired by a member of the Executive Committee. The Steering Team is responsible for communication and alignment with strategies and direction set by the Board of Directors and for identifying synergies among the various committees’ programs of work and issues being addressed. The Chamber magazine and e-newsletter also provide a means to let member companies know what is happening in each of the committees and to motivate greater participation. Most Chambers have implemented periodic written reports by committee Chairs to the Board, a practice that motivates leadership and assures better follow-up (another continual challenge). Finally, countries with multiple AmChams or with a number of regional offices or branches (Brazil, Ecuador, Mexico, and Venezuela, for example) face additional communication challenges. This communication can be facilitated by teleconferencing, as well as the sharing of leadership directories and minutes. Posting minutes of meetings on the national Chamber’s website and sending minutes by e-mail to committee members (attending or not) are other effective techniques. Best and Worst Practices A good practice in committee management is to motivate leadership in committee Chairs by providing recognition and freedom of action while providing input on what initiatives may or may not be undertaken in order to protect the neutrality and financial health of the Chamber. It is recommended that a set of bylaws or code of rules be prepared in writing for committee members and Chairs, specifying responsibilities for the staff and for volunteers. A healthy rotation method of committee leaders should also be well spelled out. Such committee rules are available in AmCham Mexico/Guadalajara and VenAmCham, among others. Another good practice is to know when and how to cancel a meeting if the content of the agenda is undesirable or there is not a quorum. It is best that the CEO expediently cancels any scheduled speakers, while the staff informs committee members in writing and by phone. In general, it is undesirable to have committee Chairs that are not committed to designing a meaningful program of work or that use their position to gain personal exposure. It is important that the CEO attend meetings to detect who is a natural positive leader in each group, and to be prepared to facilitate change for the benefit of the committee when this is not the case. Committee members or Chairs sometimes attempt to use the committee structure to promote their own business or to gain political exposure with authorities or clients. If such an intention is detected, it is important to have another volunteer (and not the CEO) address and resolve the problem. Usually a compromise can be reached by balancing the agenda or modifying the content of a presentation. Staffers and 20
committee members alike need a clear understanding of what is permissible in committee meetings, as compared to what is permitted in a sponsorship opportunity. In conclusion, committees are an extremely important service within the Chamber structure because they provide an opportunity for companies to network, gain strategic information, lobby with authorities, or simply make a positive change. The key for committees to work effectively lies within the quality of their leadership, the clarity of their focus, the motivation and management provided by the AmCham staff and CEO, and the true service orientation of members toward the AmCham membership. A comprehensive manual on guidelines on the function of committees can be found in Appendix A. 21
BEST PRACTICES MANUAL CORPORATE SOCIAL RESPONSIBILITY AND COMMUNITY SUPPORT - WHAT IS CORPORATE SOCIAL RESPONSIBILITY (CSR)? Corporate Social Responsibility (CSR) is a crucial part of today’s business agenda and Chambers have the role of promoting CSR concepts and practices. There are several coexisting definitions of Corporate Social Responsibility. One of the most popular definitions in the region is the one coined by the Ethos Institute from Brazil: “Corporate Social Responsibility is the way of conducting business defined by ethical and transparent relationships with all stakeholders, and the establishment of business goals which are compatible with the sustainable development of society, preserving environmental and cultural resources for future generations, respecting diversity, and promoting reduction of social inequalities”. Corporate Social Responsibility is the continuing commitment by business to behave ethically and contribute to economic development while improving the quality of life of the workforce and their families as well as of the local community and society at large. AmChams practice corporate social responsibility and good citizenship as institutions throughout all of their activities and programs, and promote action by its affiliates directed at the local community. An AmCham is a catalyst for initiatives in these areas and uses its institutional strength to create synergy between the local community, private enterprise, and government in order to improve social conditions in the host country. II- WHAT IS THE ROLE OF AN AMCHAM IN CSR? The role of the AmCham is to represent the interests of its membership in general and, with respect to CSR, to encourage member companies’ commitment to social responsibility by acknowledging the key role that they play in society. Promoting the concept of Corporate Social Responsibility and facilitating the sharing of ideas and best practices are also part of that role. There are several ways that AmChams can work with companies in this sense. AmChams must recognize that there will be different priorities and values and that it is essential to understand the companies’ and the community’s needs through various stakeholders such as civil society 22
organizations, NGOs, governments, and other private sector business organizations. Some examples of possible actions are: Creating recognition or awards programs; Organizing workshops and/or training programs; Organizing conferences; Organizing field programs; and Providing information through the AmCham website. 1. Awards Programs Awards Programs are a means by which the AmChams can motivate and encourage companies and corporate foundations to implement CSR programs. The award may be granted for a company’s global CSR strategy, i.e., operating its business in a manner that meets or exceeds the ethical, legal, commercial and public expectations that society has of business. Additionally, an award may be granted for the impact of the company´s programs in the community. The development of the selection criteria should be done by an expert in CSR and entries should be judged by an independent, expert panel which can also include members of academia. The jury cannot include representatives from any of the companies, corporations or individuals that are competing for the award. AmChams are encouraged to maintain a database or virtual library of all the projects submitted. The information should also be posted on the AmCham website. Example of Awards implemented by the AmChams: ECO Award - AmCham Brazil-São Paulo www.premioeco.com.br/ The Award for Corporate and Social Contribution - ECO Award - is in its 28th year. It is a purely socio-cultural and not-for-profit initiative that annually recognizes the best citizenship practices and actions that contribute to well-being in general and to the sustainability of societies, conducted by Brazilian companies and corporate foundations. Corporate Citizenship Award - AmCham Argentina www.amchamar.com.ar/premiociudadania/index.htm The Corporate Citizenship Award recognizes the work and commitment of those companies and corporate foundations, members and non-members of the AmCham, that work for the benefit of the community in which they operate. The purpose is to acknowledge the commitment of the private sector that turns corporate social responsibility stories into real facts, leading other companies to emulate their generous actions. As usual, the prestige of presenting the award is given to the jury, which is called to perform the task of selecting the winners and whose experience and reputation assure its autonomy and independence. 23
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