The 13th WTO Ministerial Conference Falls Short But Delivers Some Wins for Industry

Renewal of e-commerce moratorium and intellectual property rights secured

New York, N.Y., March 04, 2024—The United States Council for International Business (USCIB) welcomes outcomes from the WTO 13th Ministerial Conference in Abu Dhabi on two key objectives for U.S. industry: a two-year extension of the moratorium on customs duties on electronic transmissions and a rejection of efforts to waive intellectual property protections for COVID-19 diagnostics and therapeutics.

“If the moratorium had expired it would have been an historic setback, representing an unprecedented termination of a multilateral agreement that has allowed the digital economy to take root and grow over the past 25 years,” said President and CEO Whitney Baird who represented USCIB at the ministerial last week. “USCIB is similarly pleased that the WTO failed to extend a TRIPS waiver to diagnostics and therapeutics, a move that would have undermined innovative industries, global health security and international rule of law.”

Another positive outcome, according to Baird, 72 nations officially adopted the Joint Statement Initiative on Services Domestic Regulation, simplifying rules for over 90 percent of the world’s trade in services. USCIB joined the International Chamber of Commerce (ICC), for which it serves as the U.S. national committee, in welcoming the move. The agreement text had been concluded in December 2021. USCIB also hails progress at the WTO mapping out linkages and exploring best practices in consultation with industry on trade related aspects of circularity, climate, plastics and other policies aimed at advancing sustainability goals.

The outcomes in Abu Dhabi were mixed, however. USCIB is disappointed that MC13 failed to deliver agreements on agriculture, dispute settlement and fisheries, adding uncertainty to a multilateral trading system already under intense strain. “USCIB looks forward to working with the WTO to deliver outcomes in these sectors favorable to U.S. industry,” said Baird. “As the cornerstone for open, fair and reliable global trade, the WTO is too important to industry to fail.”

USCIB was on the ground in Abu Dhabi with a strong showing of member companies and the ICC, promoting robust digital and innovation safeguards, U.S. leadership on disciplines for sustainable trade, and enhanced roles for plurilateral negotiations and stakeholder engagement at the WTO.

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 the economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million workers worldwide. As the U.S. affiliate to several leading international business organizations, including the ICC, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and development. More at  www.uscib.org.

USCIB Issues an ATA Carnet Advisory for the United Kingdom

New York, N.Y., March 14, 2023 – The United States Council for International Business (USCIB), the national guaranteeing and issuing association for the ATA Carnet in the United States, reminds Carnet Holders and Users regarding the customs requirements for haulers (freight forwarders) crossing into or out of the United Kingdom to file a GVMS declaration. Such requirement was first communicated at the time of Brexit and the requirements were updated in 2021 and 2022. Below are the requirements:

1.The Goods Vehicle Movement Service (GVMS) – Any haulers crossing into or out of the UK, via any port, will need to register for the service to get their goods through customs. An ATA Carnet number should be entered in the “Declaration Reference” field for the GVMS declaration. Goods Movement Reference (GMR) is also required for personal or company vehicles transporting Carnet goods in both directions, i.e., exiting the UK and returning to the UK. For freighted goods, GMR will be obtained by the freight forwarder. For holders driving the goods in personal or company vehicles, if they don’t have their own HMRC accounts to obtain GMR, they can contact the London Chamber of Commerce (LCCI) to obtain the GMR for their shipment using this link: please click here to submit a GMR request. They can also contact other Customs Agents in the market.

Personal Cars and Vans travelling to UK via Calais Euroshuttle will need to go to the Freight Terminal to get their Carnet stamped, as French Customs do not have Carnet processing facilities at the Passenger Terminal (GVM will be required to enter the freight terminal).

2. Harwich Port – as of January 1, 2022, haulers passing via the freight terminal will need to lodge a Customs Clearance Request before arriving at the port. Form C21 allows haulers that do not have access to the UK Customs System to lodge a request (note that shipments via Calais and Dunkerque do NOT need to lodge this request).

ATA Carnet, a custom document for temporary imports, is honored in over 80 customs countries and territories and can be used for multiple trips during a one-year period. The global ATA Carnet system is overseen and managed by the Paris-based International Chamber of Commerce (ICC). USCIB administers the Carnet system in the United States.

About USCIB
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation. Its members include U.S.-based global companies and professional services firms with operations in every region of the world. As the U.S. affiliate of leading international business organizations and as the sole U.S. business group with standing in ECOSOC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. USCIB is also the National Guaranteeing and Issuing Association for ATA Carnets in the United States, having been appointed to do so by the Department of Treasury in 1969. More at www.uscib.org.

Temperatures Soared in Geneva and So Did the WTO!

Washington D.C., June 17, 2022—Despite a shaky start, the WTO negotiators delivered a historic trade deal this morning. After hours of negotiations, the 164-country organization adopted the “Geneva Package” with commitments on some very difficult issues, including pandemic response, intellectual property, fisheries, food security, electronic commerce and institutional reform.

For many, this Ministerial was about the continued viability of the WTO. Recent struggles caused by increased protectionism and previous Ministerial Conferences that created few – if any – outcomes, raised serious questions about the rules-based trading system that grew out of the GATT in 1995. Concerns have ranged from relevance to functionality to value.

The WTO adoption of a ministerial decision to waive intellectual property rights on COVID-19 vaccines raises serious questions and presents a number of risks. This waiver under the WTO TRIPs Agreement will not solve vaccine access issues but, rather, it brings dangerous implications on incentives for innovation for future health challenges and future pandemic preparedness and response.  As disappointing and counter-productive as this decision is, business continues to work to advance vaccine literacy and fight COVID-19.

The Ministerial Statement on WTO Reform has charted a path forward for the trade body that is expected to address longstanding concerns and set a process for discussions on how the WTO can be reformed to be fit for purpose.

The “Geneva Package” covers a range of topics. A group of Ministerial Declarations was adopted on WTO response to emergencies covering food insecurity; export prohibitions on World Food Programme food purchases; and WTO pandemic response and preparedness.

A partial deal to curb fishing subsidies was reached; however, it fell short of a fuller agreement that has been under negotiation for more than 20 years. The agreement addresses rules to prohibit subsidies for illegal, unreported and unregulated fishing, while action on subsidies for fuel, ship construction and other areas was left unresolved.

Negotiators wrestled to address divergent views on the continuation of a moratorium on customs duties on electronic transmissions that has been in place since 1998 but was set to expire at the end of the ministerial. A handful of countries challenged the benefits of the digital economy for the developing world, seeking to end the moratorium, gain policy space to address the digital divide and collect needed customs revenues. Ultimately, delegates agreed to an extension of the moratorium with a commitment to study development impacts and revisit the issue at the next Ministerial Conference.

“USCIB congratulates WTO Director General Ngozi and all participants in MC12 for proving that multilateralism is alive and still functional in Geneva,” said Brian Lowry, USCIB Senior Vice President, who is reporting from Geneva at the ministerial meeting as an NGO delegate.

Several concerns about agriculture went without resolution. “The lack of a declaration on these concerns was a disappointment to some but the overall success of MC12 is noteworthy,” said Lowry.

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 Issues ATA Carnet Advisory on Brazil; Brazil to Terminate Carnet as of January 1

New York, N.Y., December 22, 2021 — As the National Guaranteeing and Issuing Association (NGA and IA) for ATA Carnet in the United States, the United States Council for International Business (USCIB) is issuing the following guidance for holders (users) of U.S. ATA Carnets to Brazil (BR) or “BR ATA Carnets” for entry into the United States.

As of January 1, 2022, Brazilian customs will terminate their ATA Carnet operations.

Brazil will no longer issue or accept ATA Carnets. The National Confederation of Industry (CNI) initially ended its role as the sole NGA role in Brazil in June 2021 and was subsequently extended to December 31, 2021. During this time, Brazil Customs went through a solicitation process for a new NGA and IA, but the process conducted on September 17 and November 5, 2021, was not successful. At this time, Brazil has not been able to appoint a new entity to guarantee and issue Carnets.

As a result, U.S issued ATA Carnets currently in circulation should not be used for entry into Brazil on or after January 1, 2022. Likewise, ATA Carnets issued by Brazil for entry into the United States will be rejected by U.S. Customs and Border Protection (CBP).

Details of this announcement can be found at the Brazilian Customs’ website.

“Specific questions or assistance on U.S. ATA Carnets with regards to this announcement should be directed to our authorized service providers, Boomerang Carnets and Roanoke Insurance Group,” advised USCIB Senior Vice President and Chief Financial Officer Declan Daly.

ATA Carnets are honored in over eighty customs countries and territories and can be used for multiple trips during a one-year period. The global ATA Carnet system is overseen by the Paris-based World Chamber Federation of the International Chamber of Commerce. USCIB administers the Carnet system in the United States.

More on USCIB’s Trade Services.

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.

Vietnam to Join Global “Merchandise Passport” System in Spring 2022

New York, N.Y., December 20, 2021 — Vietnam is set to become the seventy-ninth member country to accept ATA Carnets for the temporary, duty-and tax-free importation of various types of goods, beginning May 1, 2022, according to the United States Council for International Business (USCIB), which administers the ATA system in the United States.

ATA Carnets are critical tools of trade facilitation known as the “merchandise passport” or “passport for goods” that simplify customs procedures for the temporary movement of goods and permit goods to enter a party to the System duty and are tax free for up to one-year. They provide users with many benefits, including being easy to use and eliminate surprises at the border; one document allows many country visits during a year of validity; streamline processes at border crossings; and they save time and money (duties & taxes).

ATA Carnets cover import of professional equipment, commercial samples and items for display at exhibitions and fairs. When countries join the ATA system they determine their scope of coverage. As of May 1, Vietnam will allow ATA Carnet covering only exhibitions and fairs (E&F).

The worldwide ATA Carnet system is overseen by the World Customs Organization (WCO) and the International Chamber of Commerce (ICC) – World Chamber Federation (WCF). USCIB is the sole U.S. National Guaranteeing and Issuing Association for ATA Carnets.

“Vietnam has an export market of nearly ten billion dollars,” said USCIB Senior Vice President and Chief Financial Officer Declan Daly, who oversees USCIB’s ATA Carnet operations. “ATA Carnets are tools of export promotion as well. They will allow American and other foreign companies to explore the market and conduct business deals with the country, while enabling Vietnamese businesses easier access and exploration to the U.S. and other global markets.”

The ATA System is in place in over eighty-five countries and territories and provides duty-free and tax-free imports on goods that will be re-exported within twelve months.

Please visit the Vietnam ATA Carnet page for more info.

 

USCIB Supports New Public Education Initiative to Combat Black Market Trade

Washington D.C., June 08, 2021—USCIB joined United to Safeguard America from Illegal Trade (USA-IT) in launching a new public education initiative designed to provide local officials, law enforcement, and thought leaders with information and training programs to help tackle illegal trade and raise public awareness of the depth of the problem as well as the severe consequences inflicted on states and municipalities by black market profiteers.

The campaign will run through 2021 across eight states facing critical illegal trade issues: Arizona, California, Florida, Illinois, Louisiana, Michigan, Pennsylvania, and Texas.

The black market is a $509 billion a year business, and it’s growing. Criminals get rich from illegal trade by robbing revenues meant to provide essential services to Americans. Instead of helping taxpayers, that money is used to fund those who illegally traffic in drugs, weapons, and even people. These groups exploit governments and citizens, manipulate financial systems, spur corruption, and cultivate instability and violence that threaten our communities.

No one government or single industry can address this complex problem on its own. Tackling illegal trade requires cooperation and public-private partnerships and fully utilizing existing expertise, information sharing, innovative solutions, and evolving technologies. Public actors, the private sector, and civil society alike all have a role to play.

For more information about USA-IT’s efforts to combat illegal trade, and to get involved, visit USAIT.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. 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.

About USA-IT

United to Safeguard America from Illegal Trade (USA-IT) is a public and private sector partnership protecting Americans’ security and prosperity from black market criminals.

Contacts

Sam Dashiell
T. +1 (202) 480 1617
E. contact@USAIT.org

Kira Yevtukhova
T. +1 (202) 617 3160
E. kyevtukhova@uscib.org

USCIB Announces New Policy Leadership

Brian Lowry

New York, N.Y., February 01, 2021: The United States Council for International Business (USCIB) announced that Brian Lowry, a former executive in the agriculture and crop science industry, and longtime USCIB corporate member leader, has joined USCIB’s staff as senior vice president of innovation, regulation, and trade. Lowry will be replacing Mike Michener, vice president for product policy and innovation, who is departing USCIB to join the Biden Administration to coordinate international food security policy.

Norine Kennedy

In addition, USCIB announced the promotion of Norine Kennedy to the position of senior vice president, policy and global strategy. With over 25 years’ experience as USCIB’s lead on environment, energy and climate change, Kennedy has been a forceful and respected voice for U.S. business at the UN Rio, Johannesburg, and Rio+20 sustainability conferences, at UN Environment Programme (UNEP) and UN Environment Assembly (UNEA) meetings, all Conferences of the Parties of the UN Convention on Climate Change (UNFCCC) and at the UN High Level Political Forum (HLPF). Kennedy also spearheaded USCIB’s strategic international engagement initiative to advance meaningful business engagement, partnership and regulatory diplomacy across the UN system.

Working from St. Louis and USCIB’s Washington, DC office, Lowry will lead the organization’s policy work on trade, health, food, agriculture, chemicals, and intellectual property. He will also coordinate USCIB’s engagement in the Asia-Pacific Economic Cooperation (APEC) forum.

“Brian brings a wealth of experience and knowledge to USCIB, especially his background in working within a multinational corporate entity and with international organizations, that will contribute greatly to our efforts on behalf of members,” said Peter Robinson, USCIB CEO and president. “We are excited to have him join our team at a time when the policy and regulatory issues facing American companies are complex and growing—but also when the innovative capacity of the private sector can contribute so much to solving the global challenges we face today.”

Lowry most recently served in St. Louis as deputy general counsel at Bayer U.S. – Crop Science Division (formerly Monsanto) and headed the Office of Law & Policy. He was responsible for key legal functions and public policy efforts including international trade policy, negotiations, and compliance; multi-lateral undertakings and conventions and UN-related matters; human rights, human resources, and immigration; business conduct, ethics, and anti-corruption; intellectual property policy; and stakeholder and socially responsible investor engagement. Lowry also co-chaired the USCIB working group on the UN Sustainable Development Goals and Post-2015 Development Agenda and was the first board chair of the UN Global Compact Network USA.

In 2017, Lowry was recognized by the Financial Times as one of the six best leading in-house counsel specialists as “The Thought Leader.” In 2011, he was a finalist in the International Law Office Global Counsel Awards, and in 2014, he was recognized as the American Corporate Counsel International Lawyer of the Year. He is regularly engaged in university discussions on food security and business and human rights, and participates in a number of philanthropic, arts and community boards and activities. Lowry has taken advanced studies at Stanford University and Harvard University, and holds degrees from the University of Dayton, BS Education, and Washington University, Juris Doctorate.

Mike Michener

Michener is a former administrator of the U.S. Foreign Agricultural Service who has also served as a U.S. diplomat in Rome and association executive in Brussels; he also worked with the U.S. Department of State, the U.S. Department of Homeland Security, and the U.S. Agency for International Development, and he served with the United States Army for seven years in Europe.

Robinson said, “We are sorry to see Mike Michener leave us, but happy as always to see USCIB alumni going on to key corporate and governmental positions. And we are fortunate to be able to count on the collaborative leadership of Norine Kennedy and Brian Lowry in advancing opportunities for private sector solutions to critical global issues at a time when multilateralism matters to business.”

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 Encourages Biden Environmental Nominees to Engage on Multilateral Issues

New York, N.Y., December 18, 2020: The United States Council for International Business (USCIB) issued a statement today by its President and CEO, Peter Robinson, commending the nominations of Michael Regan, for Administrator of the U.S. Environmental Protection Agency (US EPA) and Brenda Mallory to lead the White House Council on Environmental Quality (CEQ).

“USCIB members are strongly committed to advancing environmental protection through innovation and investment in the global marketplace. We believe that EPA and CEQ play crucial roles in shaping U.S. international environmental policy, not just in connection with climate change but in other priority areas, such as pursuing nature-based solutions, circular economies and responsible chemicals risk management. 2021 will be a year of important decision-points in the multilateral system, looking ahead to the fifth UN Environment Assembly and eventual thirty-year anniversary of the Rio Earth Summit; vigorous U.S. engagement in those deliberations will be vital for economic prosperity and environmental stewardship at home and abroad.

“USCIB sees opportunities to pursue synergies across international and domestic actions for enhanced environmental benefits, and advance the UN Sustainable Development Goals (SDGs), delivering a recovery that improves environmental quality, creates jobs and stimulates public-private partnerships. Since 1992, USCIB has represented U.S. business in support of the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement. In addition, USCIB has been the voice of American business at the UN Environment Programme (UNEP), the Strategic Approach to International Chemicals Management (SAICM), and other multilateral environmental deliberations and forums. USCIB is fully committed to international cooperation and to partnership with our government to advance American private sector-driven economic prosperity and environmental stewardship at home and abroad. In our view, it is critical to continue to focus on and champion substantive engagement of U.S. business across the UN system on key environmental topics.

“USCIB and its members are ready to assist the incoming Administration to develop and implement market-oriented environmental solutions and measures, working with the international community and in consultation with the American private sector. As the U.S. affiliate of Business at OECD (BIAC), the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE), and with its own standing at the UNFCCC, UNEP and at the UN Economic and Social Council (ECOSOC), USCIB is uniquely placed to scale and amplify these opportunities across the UN system, and in the OECD and the WTO.”

About USCIB: USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation. Its members include U.S.-based global companies and professional services firms with operations in every region of the world. As the U.S. affiliate of leading international business organizations and as the sole U.S. business group with standing in ECOSOC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Policy Contact: VP for Strategic International Engagement, Energy and Environment Norine Kennedy (nkennedy@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.