Council Policies

Record Retention and Document Destruction Policy

The US-ASEAN Business Council (US-ABC) and the US-ASEAN Business Council Institute (US-ABCI) records retention policies consider sustainability, economics, and legal requirements for the period of their immediate or current use unless longer retention is necessary for historical reference or for compliance purposes.  Records and documents outlined in this policy include paper, cloud, electronic files (including e-mail), and voicemail records regardless of where the document is stored, including network servers, desktop or laptop computers and handheld computers and other wireless devices with text messaging capabilities. If any two or more retention periods below conflict, the records and documents must be retained for the greatest retention period among those conflicting. For records or documents where the applicable retention period has expired, such records or documents must be disposed of and destroyed in a secure and confidential manner.

In accordance with 18 U.S.C. Section 1519 and the Sarbanes Oxley Act, US-ABC shall not knowingly destroy a document with the intent to obstruct or influence an “investigation or proper administration of any matter within the jurisdiction of any department agency of the United States . . . or in relation to or contemplation of such matter or case." If an official investigation is underway or even suspected, document purging must stop to avoid criminal obstruction. In addition, from time to time, US-ABC’s general counsel may direct the staff and/or Board of Directors to cease any document destruction (or destruction for certain categories of documents), in which case such document destruction shall cease until the general counsel lifts the restriction.

All employees, directors, officers, personnel, and other agents and representatives of US-ABC are subject to, and expected to comply with the terms of, this Policy. Any violation or breach of this Policy may result in disciplinary action, including possible termination of employment with US-ABC or criminal prosecution for federal obstruction of justice. Any known or suspected violation of this policy may be reported by following the procedures established by the US-ABC Whistleblower Protection Policy. US-ABC will not allow any retaliation against an employee, director, officer, agent, or representative who acts in good faith in reporting any such violation or suspected violation. All questions regarding the retention or destruction of specific documents or records should be directed to US-ABC’s general counsel.

To eliminate accidental or innocent destruction, US-ABC has the following document retention policy:

Record Retention for Nonprofits

The following table* indicates the minimum requirements for nonprofits operating in the District of Colombia in 2024. Because statutes of limitations and state and government agency requirements vary from state to state, and because US-ABC has offices in West VA, and overseas, its requirements may vary with each jurisdiction.  In addition, USABCI has received federal awards and other government grants and Memorandum of Agreements and Understanding, and those requirements may provide for a longer period than is required by other statutory requirements.
 

Resources

• National Council of Nonprofits www.councilofnonprofits.org
• BoardSource Record Retention and Document Destruction Policy—Download 4 Samples (E-Policy Sampler) www.boardsource.org/Bookstore.asp?Type=epolicy&Item=1071
• Independent Sector www.independentsector.org/issues/sarbanesoxley.html
• AICPA Management of an Accounting Handbook—2003 and IRS Appendix Document www.cpa2biz.com/AST/Main/CPA2BIZ_Primary/PracticeManagement/PracticeAdministration/PRDOVR~PC-090407/PC-090407.jsp
• Guide to Record Retention Requirements in the Code of Federal Regulations: Contact the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402-9325 or from CCH, Inc. at www.onlinestore.cch.com

Data Privacy Policy

Law:  The US-ASEAN Business Council is licensed to operate in Washington, DC. The District of Columbia does not have a general privacy law in effect.  Interested parties may visit US State Law Tracker to monitor the progress of US State bills.

Regulator: The Office of the Attorney General for the District of Columbia ('AG')

Summary: Although the District of Columbia ('DC') does not currently have a general privacy act, the State has references to privacy through the Constitution for the State of New Columbia and the common law tort for the invasion of privacy, which has been long recognized by DC courts.

As Washington, DC is not a state, the process through which bills become laws is unique. The Mayor of the Government of the District of Columbia can either sign the legislation, allow it to become effective without signature or disapprove the legislation. If the latter is the result, the bill will undergo Congressional Review by the U.S. House of Representatives and the U.S. Senate before becoming an official law, as was the case with DC breach law. DC's breach notification law, through the Security Breach Protection Amendment Act of 2019 ('the Act'), entered into effect on 10 April 2020 following its publication in the DC Register, and is due to be projected as an official law on 8 June 2020. Specifically, the Act amends the current breach notification law by, among other things, protecting a broader range of personal information and establishing various security requirements for companies handling personal information.

Timeline

On October 18, 2021, the DC City Council introduced DC B24-045, a bill based on the Uniform Personal Data Protection Act (UPDPA). The bill aims to apply fair information practices to how businesses collect and use consumer data. UPDPA is a law created by the non-partisan Uniform Law Commission (ULC) to guide states in enacting broad privacy laws. Lawmakers consider it to be a model bill and if adopted would apply to businesses including nonprofits such as the Council, operating in the District of Columbia. As of September 2024, the UPDPA has yet to be adopted.