Challenge

The EU-Morocco trade negotiations were about collapse. Our client, the Kingdom of Morocco was in an unpalatable position, propagated by EU outrage regarding Western Sahara. Morocco was regarded as an occupier of the region, that was illegitimately using the natural resources of the invaded territory, to the detriment of the Saharawi people.

Several Members States and Members of the European Parliament (MEPs) demanded that, the EU bring an end to the Agriculture Agreement, and the Fisheries Partnership Agreement with Morocco. The resolution on the “Situation in the Western Sahara,” consequently condemned the actions of the Kingdom of Morocco. Protecting the interests of Morocco required us to tackle a heavy burden of proof amid these string convictions within the EU institutions and Member States.

Strategy

Our strategy combined economic, legal and political narratives. Pragmatically, it demonstrated how crucial from an economic standpoint the Agricultural Agreement and Fisheries Partnership were to the EU internal market. It emphasized the tangible value of such agreements to the Saharawi people, while simultaneously showing the intangible nature of the accusations against Morocco. To do so it articulated the legality of Morocco actions through public international law discourse.

It drew on specific Member State and organizational interests in the fishing and agricultural sector while simultaneously recruiting these interests into a targeted media campaign. It assimilated an overarching sentiment that such stabilizing agreements were needed, in the aftermath of the Arab Spring. It drifted EU institutional thought processes along their own rational that trade must follow the rule of law. However, it did so by flipping the script, in showing the potential these agreements had for strengthening regional stability and international adherence to the law.

Results

Alber & Geiger was able to facilitate the signing of a new protocol, guiding the Morocco-EU relationship into a new and more dynamic framework. Creating a stable platform for long term sustainable trade relations that are vital to the security of the region. It was our ability to navigated the EU’s multifaceted foreign policy that allowed us to ensure this result for Morocco.

Challenge

Alber & Geiger represented Panama in the aftermath of the “Panama papers” with regard to the new EU anti money laundering blacklist. As a result of the “Panama papers” the EU decided for the first time to set up its own blacklist. Before that, the EU would copy the international Financial Action Task Force (FATF) lists.

In Summer 2019, Panama was added to the grey list of FATF, at a time when the country was finalizing its reforms. Alber & Geiger was called to halt the result in FATF from spilling over in the EU and to weigh in the new EU methodology and the procedural gaps in the EU listing. Panama was caught in a timing paradox: Its automatic EU listing would be followed by a potential delisting from FATF, without clear assurances that the latter would be reflected in an EU delisting.

Strategy

Our goal was straightforward: raise awareness for Panama’s advances in combating money laundering and through that ensure that the EU will not unjustly list Panama as a high risk third country. Our message had to circle in the three key EU institutions. The architect of the procedure and list of high risk third countries, the European Commission, and the gatekeepers of the procedure, the European Parliament and the Member States.

Our message was tailor made for each front, appealing the several working levels and directorates of the Commission, the Committees of the European Parliament and different levels of organization in the Member States. Alber & Geiger grasped the opportunity of the drafting of the new methodology for the EU listing of high risk third countries, to engage with the different Commission directorates involved in the process and apply Panama’s position. In the Parliament, we focused on rewarding a third country such as Panama, which is determined to turn a bad precedent into a success story and we stressed upon the bilateral relationships of Panama towards the Member States.

Results

The EU did not implement its list and methodology as planned. Panama being listed by the EU as a high risk third country within the EU anti money laundering framework now is based on an automatic listing/delisting process with FATF. Our lobbying efforts enhanced the visibility and acknowledgement of Panama’s efforts in modernizing its anti-money laundering regime and changed the original EU methodology draft according to the demands of Panama.

Challenge

A US Fortune 500 chemical company approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would have classified Titanium Dioxide as a cat.2 suspected carcinogen by inhalation. Such a decision would have affected our client’s revenue and increased risk of similar regulatory measures in the other jurisdictions across the globe.

Strategy

With the experts opinion from the ECHA’s Risk Assessment Committee delivered to the European Commission, our team quickly embarked on a campaign aimed at highlighting the broader ramifications of classification on other EU policies and beyond Titanium Dioxide.

We pursued a strategy that put the spotlight on loss of consumer choice, impact on jobs and EU competitiveness as well as cost to downstream users. Alber & Geiger also broadened the issue to include political considerations and other players. On top of the European Commission, in particular DG Envi and DG Grow and the Member States’ Competent Authorities, we reached out to the Permanent Representations of the Member States as well as select Members of the European Parliament.

Results

Our advocacy helped thwart the original carcinogen classification that would have harmed our client. Through active engagement at the regulatory and political level, we helped find a suitable compromise for our client, which was then mirrored in the European Commission amended proposal.

Instead of outright carcinogen labelling on Titanium Dioxide, the European Commission changed its position by agreeing for classification to apply to Titanium Dioxide in powder form, only on the level of manufacture and without carcinogenicity labelling in the end products.