USCIB Welcomes Senate’s Unanimous Confirmation Vote on USTR Tai

Photo: Bill O’Leary/The Washington Post/Bloomberg via Getty Images

Washington, D.C., March 18, 2021—The United States Council for International Business (USCIB) salutes the Senate for its unanimous vote on March 17 to confirm Katherine Tai as the next U.S. Trade Representative (USTR), believing she is a solid choice for this important cabinet-level position, bringing outstanding experience as an attorney-advisor and litigator at USTR, as Chief Trade Counsel for the House of Representatives Ways and Means Trade Subcommittee, and as an attorney in the private sector.

America’s economic growth, jobs and competitiveness, our future, depends to a considerable degree on how well we are able to engage and compete in today’s, and tomorrow’s, global economy. USTR Tai will lead America’s efforts on some very important trade and investment issues including our leadership in the World Trade Organization (WTO), updated and improved rules on digital trade, reducing foreign trade and investment barriers hurting American companies and workers, and effectively enforcing our existing network of trade agreements. Tai’s experience with Congress, as well as her expertise in trade law, the WTO and in Asia and China will serve her, and our country, very well in ​this crucial position.

“USCIB knows and respects Ms.Tai and has worked well with her in her important role at the Ways and Means Committee,” said USCIB President and CEO Peter Robinson. “As an organization committed to open trade and investment flows, as well as high standards of corporate responsibility, all of us at USCIB and our member companies look forward to working with Ms.Tai to advance America’s economic interests and our shared values.”

Citi’s Senior Vice President and Managing Director of Global Government Affairs Rick Johnston, who also c​hairs the USCIB Trade and Investment Committee added, “Ms. Tai is the timely choice for this critical role as USTR at a very important an​d challenging time. Winning unanimous support from the Senate is a rare tribute to her abilities, her experience, and the respect she has earned from all quarters. The right leader at the right time for a very important job.”

About USCIB: USCIB promotes open markets, competitiveness and innovation, sustainable development, and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Announces 2021 Priority Issues for Asia-Pacific Economic Cooperation (APEC)

Washington D.C., January 5, 2020 — The United States Council for International Business (USCIB), which represents many of America’s leading global companies, appreciates and welcomes the committed partnerships that the Asia-Pacific Economic Cooperation (APEC) has established with the private sector to address the many economic, trade and regulatory opportunities available to foster greater integration between APEC’s twenty-one member economies. Each year, USCIB issues a statement outlining priorities and recommendations that USCIB and its members would like to see advanced in that particular APEC year; we are pleased to announce and make available our 2021 APEC Priority Issues and Recommendations paper:

USCIB commends the leadership of Malaysia in 2020, particularly under the challenging circumstances of adjusting to virtual meetings in the face of an unprecedented global pandemic. Our members see the New Zealand host year as an important opportunity to continue essential work in APEC working groups and to set topics for major outcomes and deliverables. USCIB members are eager to learn more about key initiatives for New Zealand during its host year and how business can help achieve these initiatives. Further, USCIB members are looking forward to Thailand’s host year in 2022. We stand ready to provide relevant inputs into the establishment of goals and objectives. The policy priorities of USCIB reflect our longstanding and overarching objectives of promoting open markets, competitiveness and innovation, sustainable development, and corporate responsibility. The priorities and recommendations detailed in this document are practical recommendations that can be taken to address some of the challenges for governments and businesses in the APEC region.

There remain ongoing global business concerns that the U.S. government and APEC Business Advisory Council (ABAC) members should consider as they identify priorities for the upcoming year. USCIB members have identified key issues that are detailed in this paper. We view this APEC Priority Issues and Recommendations policy paper as a “living document”, which is updated on an annual basis at the time of the CEO Summit, and as necessary following Senior Official Meetings throughout the year. The priorities in this statement are not exhaustive, in many cases they are “living issues”, and we will continue to work with our members on emerging and developing issues. We would be pleased to address any questions and discuss any of these recommendations in greater detail.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

USCIB to Present Proposal at APEC on Fighting IP Crime, Illicit Trade

During this week’s virtual Asia Pacific Economic Cooperation (APEC) meeting of the Intellectual Property Rights Expert Group (IPEG) as part of the third Senior Officials Meeting (SOM) this year, USCIB will be presenting a proposal on October 7 on fighting intellectual property crime and illicit trade in counterfeit and pirated goods. This presentation will be given by USCIB Anti-Illicit Trade Committee (AITC) Chair David Luna of Luna Global Networks and Vice Chair Fernando Peña of DHL.

The proposal presented by Luna and Peña builds on previous groundwork in APEC on fighting illicit trade in various working groups, such as IPEG, the APEC Business Advisory Council, the Sub-Committee on Customs Procedures, and others, as well as scaling current efforts to strengthen international cooperation across economies, sectors and communities to fight illicit trade, including in established Free Trade Zones in the APEC region.

Luna and Pena will also discuss how COVID-19 further mutated criminality and IP infringement across online and e-commerce marketplaces, including through illicit trade, that is putting the health and safety of APEC citizens and communities at risk. Examples of products affected include medicines, personal protective equipment (PPE), medical supplies and fast-moving consumer goods such as food, hand-sanitizers and disinfectants.

“This has resulted in increased trade in illicit goods throughout APEC economies, which has sapped governments of vital tax revenues, inhibiting funding for pandemic response and economic recovery,” added USCIB Director for Customs and Trade Facilitation Megan Giblin. “We must continue to promote APEC’s leadership through public-private partnerships in APEC and across the Asia Pacific region and globally fight illicit trade.”

USCIB Submits Comments to USTR on China’s Compliance With WTO

USCIB submitted comments on China’s compliance with WTO commitments on September 17. The comments were in response to the U.S. Trade Representative’s (USTR) request for input. In its comments, USCIB welcomed the “Phase One” trade agreement between the United States and China, as well as China’s actions to date to implement its commitments under that agreement. According to USCIB, if fully implemented, the agreement will help address a host of policies and practices maintained by China that undermine the ability of U.S. businesses to operate, including unfair and discriminatory governmental practices.

USCIB also noted that U.S. tariffs and Chinese retaliatory tariffs imposed as a result of the U.S. Section 301 investigation into China’s forced technology transfer, intellectual property, and innovation policies have been disruptive to U.S. business.

“While the Phase One deal partially addresses some of these tariffs, more must be done to restore the ability of U.S. business to compete effectively in the global marketplace,” said Eva Hampl, who leads USCIB’s policy work on China. “As described in this submission, many issues affecting business remain a concern in China. Accordingly, high-level bilateral dialogue between the United States and China continues to be of the utmost importance.”

USCIB urges both countries to utilize, in addition to the World Trade Organization (WTO), the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations. Plurilateral dialogues that include U.S.-friendly jurisdictions such as the European Union, Canada or Australia should also be considered.

“USCIB and its members understand and appreciate that U.S.-China economic relations are complex and multifaceted, and that American business holds a direct and important stake in this relationship and in its success,” added Hampl. “As the world’s largest economy, China’s practices and policies have a significant impact on its trading partners, and engagement with China can be challenging.”

Due to the COVID-19 pandemic, there will not be a public hearing this year. USCIB’s submission is public and can also be found on www.regulations.gov under Docket Number USTR-2020-0033.

 

USCIB Submits Comments to USTR on Proposed Digital Services Taxes

USCIB provided comments to the United States Trade Representative (USTR) regarding the proposed Digital Services Taxes (DSTs) of several countries, including Austria, Brazil, Czech Republic, India, Indonesia, Italy, Spain, Turkey, the United Kingdom, as well as the European Union.

USCIB’s submission focused on whether these countries violated Section 301 while encouraging the U.S. to seek a multilateral solution.

“The DSTs under investigation are a poor choice to address the tax issues arising from digitalization of the economy and will work against the economic recovery they are intended to help fund,” said USCIB Vice President for Taxation Policy Carol Doran Klein. “Rather, the U.S. should work cooperatively to find an appropriate multilateral solution to taxing the digitalizing economy that does not unduly burden U.S. interests and fosters certainty for business.”

USTR Must Urge Canada and Mexico to Honor USMCA Commitments

USCIB joined the Alliance for Trade Enforcement (AFTE) to send a letter to U.S. Trade Representative Robert E. Lighthizer to ensure that Canada and Mexico abide by the commitment they have made in the United States-Mexico-Canada Agreement (USMCA) and treat U.S. interests fairly.

The letter stated: “We applaud the sentiments that you expressed in your recent congressional testimony about your willingness to seek dispute settlement on issues of importance to U.S. manufacturing, agriculture and service sectors where those countries fall short, including patent, trademark and market access issues impacting innovative industries from both new and longstanding policies and regulations in Mexico and Canada.”

The group noted support for Lighthizer’s attention to the full enforcement of IP commitments made in the USMCA which protects U.S. IP-intensive industries, such as patent linkages and provisions to protect against abuses of the regulatory review exception, as well as broader market access barrier to innovative products, namely the lack of approvals for imported agricultural biotech products. AFTE argued that Mexico’s failure to approve such products threatens both trade with Mexico and U.S. farmers’ access to important technologies; meanwhile, Canada’s Patented Medicine Prices Review Board continues to develop and implement unfair pricing and reimbursement regulatory schemes that don’t account for the cost of research and development of innovative treatments, which ultimately reduces incentives for American scientists and manufactures to research and develop new treatments.

AFTE however applauded the important leap forward made by the USMCA’s digital trade provisions, which include key commitments and significant improvements over prior agreements.

AFTE is a coalition of trade associations and business groups dedicated to ending foreign unfair trade practices that harm American businesses and workers and to ensuring that America’s trading partners are held accountable for the commitments that they have made to treat American goods and services fairly. AFTE members represent companies – both large and small – from across the economy, including the manufacturing, agriculture, and service sectors. AFTE supports actions and policies that encourage U.S. trading partners to open their markets, reduce barriers to trade, and provide effective protection and enforcement of intellectual property (IP) rights.

Global Industry Urges G20 to Promote Innovation, Digital Tech, Trade

USCIB joined a global group of like-minded industry and trade associations to urge the G20 to work with industry to encourage the open markets and accelerated technology adoption that will drive groundbreaking innovations and creative solutions, especially in light of the COVID-19 pandemic.

The letter states: “This will require reaffirmed commitments to reject protectionism, support rules-based multilateral organizations, best practices, processes, and obligations, embrace transparency in legislative and regulatory actions, and invest in the workforce. Such commitments should be taken with a view to prioritizing the enhancement and generation of business opportunities for micro, small, and medium size enterprises (MSMEs) and continued advancement of the UN Sustainable Development Goals (SDGs) as a means of ensuring inclusive recovery across economies.

In general, the global industry group welcomes the renewed discussion at the G20 this year on the role of digital technologies in promoting economic growth through cross-border innovation and trade. As such, the group recommended several actions including facilitating a global response to the COVID-19 outbreak, advancing global date free flows with trust (DFFT), promoting cross-border innovation and adoption of new technologies, as well as ensuring the benefits of technology are realized by all.

According to the industry group, G20 2019 was a groundbreaking year for the advancement of global digital policy discussions. Under Japan’s leadership, the G20 launched the Osaka Track to accelerate and support the ongoing digital trade discussions at the World Trade Organization (WTO) and created the concept of Data Free Flows with Trust (DFFT) in recognition of the fact that open cross-border data flows are the lifeblood of all industries, and that strong protections for privacy and cybersecurity go hand-in-hand with the transparent, non-discriminatory transfer of data across borders. G20 2020 offers governments the opportunity to advance this work towards an open, inclusive vision of the modern global economy.

USCIB Strengthens Trade Policy Advocacy Through New Coalition: Alliance for Trade Enforcement

USCIB joined a new coalition, the Alliance for Trade Enforcement, which includes nearly a dozen other industry groups and trade associations. The coalition’s goal is to support U.S. policymakers in their efforts to enforce U.S. trade agreements and ensure that America’s trading partners end unfair trade practices. The coalition is an expansion of the Alliance for Fair Trade with India.

According to the coalition’s media release, the U.S. Trade Representative’s (USTR) recent Special 301 Report, which “identifies trading partners that do not adequately or effectively protect and enforce intellectual property rights or otherwise deny market access to U.S. innovators and creators,” can serve as an initial blueprint for the group. This year, USTR identified thirty-three countries for these types of violations. Many of these countries are repeat offenders.

“We look forward to further advancing USCIB’s trade policy priorities through this new coalition,” said USCIB Senior Director for Investment, Trade and Financial Services.

To view the media release, please click here.

Robinson Shares US Perspective During Virtual Briefing on Socio-Economic Impacts of COVID-19 With ILO Director General

USCIB President and CEO Peter Robinson joined International Organization of Employers (IOE) members from around the world in a virtual dialogue meeting with ILO Director General Guy Ryder. The April 30th briefing allowed for employers to gain better understanding of how the ILO is responding to the socio-economic impacts of COVID-19.

According to the IOE, this briefing attracted 112 participants from across the world.

Robinson’s remarks included the state of the U.S. economic situation, which included somber statistics regarding U.S. GDP, which has contracted 4.8% in the first quarter of this year and U.S. unemployment claims as of April 30, which reached a total of over thirty million.

“The impacts in the U.S. are sadly not unique,” said Robinson. “Every IOE member on this call and every ILO member state has been similarly laid low – especially vulnerable economies already beset by existing challenges.”

“At USCIB we’re particularly concerned with the inadequacies of social protection systems worldwide, but especially in vulnerable economies, as well as lack of access for SMEs in those countries to capital to maintain their financial viability during this crisis,” added Robinson.

USCIB has raised this issue, and others, with the U.S. government.

“As we look to the future and recovery, let’s be bold,” urged Robinson. “We’re in the first year of the ILO’s second century and we are faced with an enormous challenge. Now, more than ever is the time to take clear and focused action together to harness the unique strength of the ILO and its tripartite constituency. Let’s find unity in purpose to support the ILO’s role in helping the world ‘build back better’ by focusing on core issues of shared priority – looking to the ILO Centenary Declaration as our guide. Count on USCIB, our members and the IOE as your committed partners for our recovery together.”

USCIB Supports Final Duty Deferral in Letter to Trump

USCIB joined the coalition Americans for Free Trade to send a letter to President Donald Trump urging him to take further action to provide relief to struggling American businesses by delaying the collection of all duties and fees. USCIB is one of nearly 500 businesses calling on the Administration to expand its current duty deferral program. The coalition represents retailers, manufacturers, service providers and farmers and ranchers.

The letter made two specific recommendations: first, requesting the Administration to extend the program to cover imports made during May and June and second, urging that the program be expanded to defer the due dates for all duties and fees. Combined, the two actions would immediately free up billions of dollars of working capital for American companies to pay suppliers, employees, service providers and other critical stakeholders.

The letter emphasized that this cash is even more important for companies that have had to close their doors because of stay-at-home orders, leaving them with little to no revenue to make ends meet.

The Administration could expand the current Executive Order and defer collection of all duties without waiting on authorization from Congress. As it currently stands, the Administration is only deferring the collection of some duties and only for imports made in the months of March and April.