USCIB Joins Global Business Effort on EUCS Without Sovereignty Requirements

Washington DC, May 25, 2023—The United States Council for International Business (USCIB) has joined forces with businesses based in the European Union, the United Kingdom and Japan to issue a statement urging swift and timely adoption of the “EU Cybersecurity Certification Scheme for Cloud Services (EUCS)” without sovereignty requirements. This effort was organized by AMCHAM EU.

Additionally, CCIA, a USCIB member, also issued a similar statement co-signed by the U.S. business community, including USCIB, and shared with U.S. Secretary of State Antony Blinken, Trade Representative Katherine Tai and Secretary of Commerce Gina Raimondo, in advance of the EU-U.S. Trade and Technology Council (TTC) meeting taking place in Sweden this weekend.

USCIB recognizes its members’ acute concerns that the EUCS unfairly undermines U.S. competitiveness in Europe.

According to USCIB, such restrictive sovereignty restrictions do not add value to cybersecurity of cloud services in the EU. For well over a year, many European and international associations, industry actors and Member States have continued to publicly express their concerns with the lack of progress and the ongoing examination of restrictive sovereignty requirements in the EUCS. In addition, several Member States have proposed alternative options to end the stalemate, such as a European evaluation mechanism based on trustworthiness for non-EU cloud providers. Discussion on these proposals could offer a robust alternative that would meet the desired high level of cybersecurity requirements, while keeping the market open to all cloud providers.

The CCIA letter states that the business groups have called for removing discriminatory ownership requirements that would prevent American cloud service providers from bidding on public sector and critical infrastructure cloud contracts across Europe.

Other industry concerns about the EUCS include its limited transparency and lack of stakeholder engagement, conflicting views of Member States and legal confusion and uncertainty caused by the interplay with other EU legislation.

Click here to read the AMCHAM EU letter.

Click here to read the CCIA letter to U.S. Government.

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 (ICC), the International Organization of Employers (IOE) 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 Welcomes Adoption of OECD Principles on Government Access to Personal Data Held by Private Entities

Gran Canaria, Spain, December 14, 2022—Ministers of OECD countries responsible for digital economy policy today adopted a ground-breaking Declaration on Government Access to Personal Data Held by Private Entities. This action culminated two years of multilateral and multistakeholder discussions in the OECD Committee on Digital Economy Policy, which for the first time brought together privacy, national security and law enforcement officials.

The Declaration articulates principles that are common to OECD members with strong democratic traditions of respect for human rights and the rule of law. It offers clarity and transparency around these shared values, which, in turn, increases trust among governments. For businesses and internet users, the Declaration creates greater confidence in the sufficiency of protections that are guaranteed when individuals’ data is being transferred to a third country or accessed by a third country’s government.

This Declaration comes at a time when growing mistrust in data and data flows feeds uncertainty that has discouraged participation of individuals, businesses, and even governments in the global digital economy and undermined economic recovery efforts following the COVID-19 pandemic and global supply chain disruptions. As the G7 Trade Ministers Digital Trade Principles expressed last year, achieving this consensus among OECD member countries will now help provide greater transparency and legal certainty to cross-border data flows, and will support the transfer of data between jurisdictions by commercial entities and result in positive economic and social impacts.

USCIB members, working under the aegis of Business at OECD (BIAC) and in collaboration with the International Chamber of Commerce (ICC), actively contributed evidence and recommendations to inform the TGA process, outlining principles and safeguards for government access to personal data that respect individual rights, promote shared democratic values, and are based on common practices.

“The TGA Principles establish a solid foundation for building trust in the digital ecosystem, similar to the OECD Privacy Guidelines,” said USCIB Vice President for ICT Policy Barbara Wanner, who was on the ground in Gran Canaria. “Excitement about the TGA Principles and the sense of achievement in the Ministerial plenary were palpable. By creating more confidence in data flows, the Principles ultimately will support USCIB members’ global commercial activities not to mention produce societal benefits for all,” she added.

See this link for further information about the OECD Digital Ministerial.

Business Contributions to the OECD CDEP process:

Joint Business Statement on the OECD Committee on Digital Economy Policy’s work to develop an instrument setting out high-level principles or policy guidance for trusted government access to personal data held by the private sector

ICC White Paper on Trusted Government Access to Personal Data Held by the Private SectorCenter for International Economic Collaboration

CFIEC Report on Forming Rules for Government Access: Toward Optimizing the International Flow of Personal and Non-Personal Data

CONTACT:
Barbara Wanner
VP, ICT Policy
bwanner@uscib.org

Kira Yevtukhova
Deputy Director, Communications and Marketing
kyevtukhova@uscib.org

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. USCIB is the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC). More at www.uscib.org.

USCIB Joins Transatlantic Business Coalition to Call on EU Policymakers to Finalize Agreement to Secure Transatlantic Data Flows

New York, N.Y., November 16, 2022 — Yesterday, the United States Council for International Business (USCIB), as part of a broad transatlantic coalition of 41 associations, called on EU policymakers to make a swift conclusion to the EU adequacy decision process so that businesses can confidently rely on the new EU-U.S. Data Privacy Framework. The transatlantic coalition of associations represent companies of all sizes from various sectors of the business community. In a statement delivered to EU and U.S. officials, the associations offered an analysis of recent U.S. Executive Order and accompanying U.S. Department of Justice regulations implementing the U.S.’s commitments under the EU-U.S. Data Privacy Framework to help inform and support EU’s work towards making the EU-U.S. Data Privacy Framework operational through the EU adequacy decision process.

“We urge all stakeholders to consider deliberately but fairly the substance of these new U.S. legal requirements, which establish unprecedented restrictions on U.S. surveillance activities as well as a meaningful redress mechanism for EU citizens,” the associations wrote. “We are heartened that these new safeguards serve to strengthen all existing transfer mechanisms available to companies, including standard contractual clauses, and should be relevant considerations in the context of EU supervisory authority investigations. Furthermore, we recognize that this is not only a matter of facilitating economic stability and growth. The efforts to reach agreement on a new framework embody a statement of common purpose from the EU and U.S., and a willingness to work together to find new ways to uphold the joint values we share as democratic societies. These developments also send a strong message on the importance of privacy globally, and in establishing robust and secure frameworks for cross-border data transfers.”

Recipients of the statement included European Commission President Ursula von der Leyen; Executive Vice-President Margrethe Vestager; Commissioner Didier Reynders; Commissioner Vera Jourova; Members of European parliament’s LIBE Committee, the European Data Protection Board, the European Data Protection Supervisor, and individual Data Protect Authorities; officials from EU Member States; and U.S. Administration officials, including those at the U.S. Departments of Commerce and Justice.

The statement was signed by ACT | The App Association, Alliance Française des Industries du Numérique (AFNUM), Alliance for Automotive Innovation, Allied for Startups, AmCham EU, AmCham Ireland, American Council of Life Insurers, Asia Internet Coalition (AIC), Biotechnology Innovation Organization (BIO), Bitkom, Business Roundtable, Coalition of Services Industries (CSI), Computer & Communications Industry Association (CCIA), Confederation of Danish Industry (DI), Confederation of Industry of the Czech Republic (SPCR), Consumer Technology Association® (CTA), Danish Entrepreneurs, Dansk Erhverv / The Danish Chamber of Commerce, Developers Alliance, Digital Future for Europe, Digital Poland ZIPSEE, Ecommerce Europe, Engine, Entertainment Software Association, European Games Developer Federation (EGDF), European Publishers Council, FEDMA, IAB, INFOBALT, ITI – Information Technology Industry Council, Interactive Software Federation of Europe (ISFE), Internet Infrastructure Coalition, National Retail Federation, NLdigital, Software & Information Industry Association (SIIA), Swedish Enterprise (SN), TechNet, techUK, Trans-Atlantic Business Council, U.S. Chamber of Commerce, and U.S. Council of International Business (USCIB).

Read the full statement here.  

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. USCIB is the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD. More at www.uscib.org.

USCIB Applauds Historic Election of Doreen Bogdan-Martin to ITU Secretary General

Doreen Bogdan-Martin
Source: US Mission to Geneva

New York, NY, September 29, 2022–The U.S. Council for International Business applauds the resounding victory today of Doreen Bogdan-Martin to serve as the new Secretary General of the International Telecommunication Union (ITU). ITU member states made history by elevating Ms. Bogdan-Martin to lead the organization the next four years — the first-ever female to serve as ITU Secretary General. Ms. Bogdan-Martin garnered 139 votes; Rashid Ismailov, a former Russian telecom official, secured 25. The vote was taken by secret ballot at the 21st meeting of the ITU Plenipotentiary (PP-22), September 26-October 14, in Bucharest, Romania.

“After 150 years, we shattered the glass ceiling,” Secretary General Bogdan-Martin said after the results were announced. The full text of her acceptance speech is available at this link.

Barbara Wanner, USCIB’s Vice President of ICT Policy, who participated in the PP-22 as a member of the U.S. Government delegation, concurred that the election represented a truly historic development. “The sheer breadth of support for Ms. Bogdan-Martin reflected a recognition across the Union that she is the right person for the job as the information and communication technology (ICT) landscape continues to evolve,” Wanner said.

July 13, 2022 reception in NY during UN HLPF. Left to right: Barbara Wanner, Doreen Bogdan-Martin, Peter Robinson

USCIB was one the earliest organizational supporters of Ms. Bogdan-Martin’s candidacy. “It was readily apparent to our members that she possesses both the substantive knowledge and leadership skills to place the ITU at the forefront of global efforts to drive meaningful connectivity for the unconnected, broaden and deepen partnerships to accelerate digital transformation, and support greater organizational accountability,” Wanner noted. Thanks to members’ generous support, USCIB boosted Ms. Bogdan-Martin’s candidacy by hosting a special reception on July 13 in New York to enable her to engage informally with many UN delegates and share her leadership vision for the ITU.

In addition to electing the Secretary General and other key leadership positions, the ITU Plenipotentiary, which is held every four years, enables the ITU’s 193 Member States to conclude key agreements on the ITU’s strategic and financial plans and determine the direction for ICT issues under its remit for the next four years.

Other highlights of the first week of the PP-22 included:

  • An announcement by the U.S Government that it plans to increase its assessed contribution rate to the ITU from 30 contributory units to 35 contributory units, which would represent an additional 1.59 million Swiss francs per year to support the work of the ITU; and
  • Establishment of numerous ad hoc committees and informal consultations to build consensus on proposed resolutions on cybersecurity, Internet-related issues, Artificial Intelligence (AI), and space policy issues of priority interest to USCIB members.

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. USCIB is the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD. More at www.uscib.org.

USCIB Joins Global Trade and Industry in Statement to Urge WTO to Renew Moratorium on Customs Duties on Electronic Transmissions

May 17, 2022, New York, NY — The United States Council for International Business (USCIB) joined today nearly 100 other global trade and industry associations to urge WTO members to renew the Moratorium on Customs Duties on Electronic Transmissions at the 12th WTO Ministerial Conference in June.

According to the statement, allowing the Moratorium to expire would be a historic setback for the WTO, representing an unprecedented termination of a multilateral agreement in place nearly since the WTO’s inception – an agreement that has allowed the digital economy to take root and grow. All WTO members have a stake in the organization’s continued institutional credibility and resilience, as well as its relevance at a time of unprecedented digital transformation.

Continuation of the Moratorium is critical to the COVID-19 recovery. As detailed by the United Nations, the World Bank, the OECD, and many other organizations, the cross-border exchange of knowledge, technical know-how, and scientific and commercial information across transnational IT networks, as well as access to digital tools and global market opportunities have helped sustain economies, expand education, and raise global living standards.

Continuation of the Moratorium is also important to supply chain resilience for manufacturing and services industries in the COVID-19 era. Manufacturers – both large and small, and across a range of industrial sectors – rely on the constant flow of research, design, and process data and software to enable their production flows and supply chains for critical products.

The Moratorium is particularly beneficial to Micro, Small and Medium-Sized Enterprises (MSMEs), whose ability to access and leverage digital tools has allowed them to stay in business amidst physical restrictions and lockdowns.

Failure to renew the Moratorium will jeopardize these benefits, as customs restrictions that interrupt cross-border access to knowledge and digital tools will harm MSMEs, the global supply chain, and COVID-19 recovery – increasing digital fragmentation. As UNCTAD has explained, such fragmentation “reduces market opportunities for domestic MSMEs to reach worldwide markets, [and] … reduces opportunities for digital innovation, including various missed opportunities for inclusive development that can be facilitated by engaging in data-sharing through strong international cooperation…. [M]ost small, developing economies will lose opportunities for raising their digital competitiveness.”

The rest of the statement can be found here.

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 (ICC), the International Organization of Employers (IOE) 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 Applauds Launch of Trade and Technology Council (TTC), Urges Timely Conclusion of New Privacy Shield Framework

Washington D.C., September 21, 2021—The U.S. Council for International Business (USCIB), a cross-sectoral trade association of companies active in transatlantic business, welcomes the cooperative spirit underlying the U.S.-EU Trade and Technology Council (TTC), which will be formally launched on September 29 in Pittsburgh, PA.

The TTC’s aims to grow bilateral trade and investment, strengthen global cooperation on technology and digital issues, boost innovation, collaborate on supply chain resilience, and realize greater regulatory interoperability, among other goals set forth in the July 15 EU-U.S. Summit communique, all of which are critical to fully reaping the economic and social welfare benefits of digital transformation.

Achieving the TTC goals, however, will be difficult unless a new agreement establishing a durable legal basis and privacy protections for transatlantic data flows is concluded as soon as possible. This accord is essential to the U.S.-EU economic and diplomatic partnerships and, importantly, will enable innumerable gains to be realized under the TTC process.

As USCIB and some twenty-two U.S. and EU business groups underscored in a July 14 letter to U.S. Commerce Secretary Gina Raimondo and European Commissioner for Justice Didier Reynders, thousands of EU and U.S. companies continue to be harmed by the resulting legal uncertainty for transatlantic data transfers stemming from EU Court of Justice invalidation of Privacy Shield Framework in July 2020. Differing interpretations of the Court ruling risk triggering additional compliance and operational challenges as well as limit opportunities for EU businesses to grow and innovate internationally.

USCIB therefore urges timely conclusion of a sustainable framework for secure transatlantic data flows in the coming weeks. This will provide the necessary foundation upon which the TTC can effectively realize its goals, while ensuring that U.S. and EU companies active in the transatlantic commercial space can thrive again. We look forward to positive news from the U.S. and European Commission soon.

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 (ICC), the International Organization of Employers (IOE) 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

Digital Economy Architects to Keynote at Joint OECD, Business at OECD and USCIB Conference

New York, N.Y., March 16, 2021 — For the past year, the COVID-19 pandemic has required us to conduct our lives virtually and has, subsequently, highlighted the relevance of the OECD’s Internet Policy Principles (IPPs). These principles call for a global free flow of information and services, multistakeholder participation, and cooperation to ensure Internet security and privacy. With these issues in mind, USCIB joined with the OECD and Business at OECD (BIAC) to organize a Digital Economy Conference focusing on “A Decade of OECD Internet Principles: Policy-Making in a Data-Driven World.” Key experts, such as MIT’s Daniel Weitzner, Microsoft’s Julie Brill, Deputy Assistant Secretary of Commerce Christopher Hoff, Ambassador David Gross of Wiley, and Sharri Clark from the White House, as well as OECD’s Andrew Wyckoff, among others, will discuss the evolving digital ecosystem, Artificial Intelligence (AI), government access to data, and challenges to both business and policymakers.

“The IPPs, adopted in 2011, have underpinned the OECD’s evolving work on digital economy issues in the past decade,” said USCIB Vice President for ICT Policy Barbara Wanner. “These themes have also been echoed in recent digital economy work of the United Nations, the UN Internet Governance Forum, and other multilateral bodies.”

The May 25 virtual conference, officially the “Joseph H. Alhadeff Digital Economy Conference,” will consider how the IPPs have been reflected in some of the OECD’s ground-breaking digital work – such as development of the AI Principles. Industry experts will also consider how the Principles may be employed to address challenges posed by the rapid pace of digital innovation and related changes to the digital ecosystem.

Registration is now open for this conference. Please contact Erin Breitenbucher to register: ebreitenbucher@uscib.org.

Members of the press and media are also welcome to register and join.

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.

Addressing Tax Challenges Arising from Digitalization of the Economy: USCIB Submits Comments to OECD

Washington D.C., December 14, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, provided comments to the Organization for Economic Cooperation and Development (OECD) in response to the OECD’s Public Consultation Request to its Reports on the Pillar One and Pillar Two Blueprints, which would develop coherent rules to address the tax challenges arising from the digitalization of the economy.

Among its recommendations, USCIB emphasized that the OECD rules should be developed with consideration of their potential impact on global growth and business investment decisions, and should be designed in a way to support the achievement of tax certainty for taxpayers and tax administrations and not be too complex or too onerous in compliance to discourage global investment. According to its comments, USCIB noted that the rules should also be based, to the maximum extent possible, on internationally accepted principles of taxation for coherency in their creation and consistency in their application.

For USCIB’s complete comments to the OECD, please click here.

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 Statement on USMCA Entry Into Force

Washington, D.C., July 1, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, welcomes today’s entry into force of the United States-Mexico-Canada Agreement (USMCA) trade agreement, preserving and deepening the economic ties in North America and bolstering the global competitiveness of our companies and workers. The implementation of this agreement comes at a critical time of restoring certainty to U.S. industry in the North American market, as the global market is working toward recovery from the impacts of the current crisis.

The three partner countries must continue to work together to ensure effective implementation of this agreement, so that the benefits of the agreement in its updated and modernized provisions including on digital trade and customs can be realized. Over 12 million American jobs depend on trade with Canada and Mexico, and continuing to build on this economic relationship is important for U.S. industry for future economic growth. USCIB looks forward to a seamless transition to the new agreement.

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 Applauds Approval of OECD Principles on Artificial Intelligence

Washington, D.C., May 22, 2019 – The United States Council for International Business (USCIB), applauds the Organization for Economic Cooperation and Development’s (OECD) approval on May 22 of the OECD Principles on Artificial Intelligence (AI). Working through Business at OECD (BIAC), a core group of USCIB members participated in a special, 50+ member experts group that was convened to scope these principles. They contributed directly to the development of five complementary, values-based principles for the responsible development and stewardship of trustworthy AI and five recommendations for public policy and international cooperation.

Importantly, these principles are not prescriptive. They highlight human-centered values, fairness, transparency, robust security, and accountability as foundational elements for AI deployment that will ensure inclusive growth, sustainable development and well-being. The principles, which were developed through multistakeholder dialogue involving input from business, government, civil society, the technical community, and labor unions, also recognize the appropriate role of governments in creating an enabling environment for research and development to drive innovation in trustworthy AI. They call upon governments to develop mechanisms to share data and knowledge and programs to equip people with digital skills so they can transition to new employment that will harness AI for economic and societal good. The OECD’s 36 member countries, along with Argentina, Brazil, Colombia, Costa Rica, Peru and Romania, who signed up to the AI Principles at the organization’s annual Ministerial Council Meeting today in Paris, further agreed to cooperate across borders and sectors to share information, and develop international, interoperable standards to ensure safe, fair and trustworthy AI.

“USCIB is honored that its members played a direct role in shaping principles that will enable us to tap the extraordinary potential of Artificial Intelligence in a manner that will improve economic and societal well-being across diverse sectors such as energy and the environment, healthcare, and transportation, to name a few,” said USCIB President and CEO Peter Robinson. “Perhaps most important, these principles include important safeguards that keep human-centered values at the core of AI deployment and prevail upon all ‘AI actors’ to respect democratic values throughout the AI system lifecycle, commit to transparency, and to demonstrate accountability, among other responsibilities. We see a bright future ahead and look forward to the adoption of these principles by OECD members and non-members alike,” added Robinson.

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, the International Organization of Employers and Business at OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org