Challenge

The patent holder of Teflon™, US Fortune 500 chemical company Chemours, approached Alber & Geiger seeking regulatory and advocacy support over a European Union proposal that would ban all per- and polyfluoroalkyl substances (PFAS). Those PFAS are chemicals that came under regulatory fire as being the so called “forever chemicals”, which persist in the environment. The political turbulences in the EU started in the Netherlands, continued in Italy and Germany then, until they became an EU wide regulatory initiative in Brussels.

Strategy

On the one hand we were confronted with planned PFAS bans in The Hague, Rome and Berlin which we had to politically manage with the national governments. On the other hand we saw a regulatory initiative develop in Brussels under the EU chemicals strategy. We embarked on a defense for the Chemours specific PFAS named GenX and Teflon™, based on the planned PFAS restrictions. Considering the impact of the restrictions to the supply chains of various Member States, Alber & Geiger entered into discussions with the European Chemicals Agency (ECHA), the European Commission, the European Parliament, the EU Permanent Representations and the Member States’ Ministries of Industry and Environment.

Results

We managed to stop the national PFAS bans in The Hague, Berlin and Rome. And we aligned them with the EU initiative. There, we made EU regulators and lawmakers understand that they needed to differentiate between different PFAS, such as PFAS of high or low concern, as a liquid, gas or solid material.

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

Alber & Geiger was engaged by Xiaomi, the best-selling phone manufacturer in the EU to fend off against initiatives in the member states’ that could spill-over into the European Union. Our team was called in to provide strategic support, monitoring and analysis of ongoing EU policy initiatives and member states cybersecurity reports that had the potential to affect Xiaomi’s business in Europe.

Strategy

Alber & Geiger engaged on a plethora of issues, including EU-China relations, cybersecurity, right to repair, cyber resilience act, corporate sustainable due diligence, sanctions as well as the digital markets act, by providing high-end analysis and advise on content and engagement with the European Institutions, including the European Parliament and the European Commission. We also helped compile language to assist Xiaomi in addressing European Parliament concerns on the need to protect consumers from Chinese mobile phones by highlighting Xiaomi adherence to EU GDPR standards and norms.

Results

We were able to learn firsthand of ongoing EU initiatives in the Commission or in the European Parliament affecting Xiaomi, and quick to provide analysis and message to advocate vis-à-vis the institutions. Alber & Geiger addressed the concerns raised in reports, letters and policy initiatives. This approach enabled us to protect the image of Xiaomi, and its position in the European market.