USCIB Submits Comments to UN Advisory Body on AI 

USCIB has submitted a response to the United Nations Secretary General’s Artificial Intelligence (AI) Advisory Board and its Interim Report: Governing AI for Humanity. This UN report calls for a closer alignment between international norms and how AI is developed and rolled out. The report also proposes to strengthen international governance of AI to reach the UN 2030 Sustainable Development Goals SDGs.  

USCIB’s response to the report emphasizes the need for a risk-based approach to address any potential negative impacts of AI. USCIB also highlights the potential of AI to address economic and societal inequalities that help realize the SDGs.  

“Many AI innovations have demonstrated great promise to enable economic development,” said USCIB Digital Policy Committee Chair JoAnn Stonier (Mastercard), “We appreciate that the report describes the essential opportunities that may be seized to achieve the SDGs, as well as some of the potential risks that must be addressed to realize these goals.  To ensure this developing science achieves maximum societal benefit, we will continue to look forward to providing commentary and input as the process evolves.”  

According to USCIB, a risk-based approach involves impact assessments of AI technology in the context of specific uses, applications, and scaled deployments, rather than the risk of the technology in the abstract. 

USCIB also cited the EU AI Act, the OECD’s AI Principles, and the US NIST AI Risk Management Framework (RMF) as having risk-based approaches. Importantly, this approach should be applied to both developers and deployers of AI systems while acknowledging that each group has different and distinct roles and responsibilities in AI governance. 

To view USCIB’s response to the UN Advisory Body on AI, please click here. 

USCIB in the Press: USCIB Webcast With KPMG Highlighted in Bloomberg Tax 

USCIB was highlighted in a Bloomberg Tax article on March 28 titled “OECD Mulls Using Risk assessment Tool for Global Tax Deal.” USCIB was mentioned in the context of a webinar that USCIB co-hosted with member KPMG.  

The webinar featured Nicole Casey from the OECD’s Center for Tax Policy and Administration. Casey provided comments to USCIB members on the OECD potentially using one of its existing tools to give taxpayers the ability to gain more certainty under the global tax deal.  

The article, written by Lauren Vella, is accessible via subscription to Bloomberg Tax. 

For more information on this webinar, please click here. 

Tax Committee Hosts Webinar on OECD Tax Certainty Program With Member KPMG  

Over 500 interested tax experts and the tax press tuned in for a high-level webinar on the practical aspects of the OECD’s International Compliance Assurance Program (ICAP), which is in its sixth year. The discussion was co-sponsored by USCIB and member KPMG co-sponsored this discussion on March 27.  

The webinar, titled Tax Certainty, Shining the Light on ICAP  featured a panel of experts, including the OECD’s ICAP Program Lead Nicole Casey, IRS Senior Advisor, Treaty and Transfer Pricing Operations, Karen Kirwan, Procter & Gamble Senior Vice President, Treasurer and Global Tax Operations Tadd Fowler, KPMG’s National Tax Office Principal Mark Martin and Senior Manager Thomas Bettge, and USCIB Senior Vice President and International Tax Counsel Rick Minor. 

“Martin and Bettge reminded us in one of their articles that ICAP does not provide absolute tax certainty for those taxpayers who volunteer for the program,” said Minor. “They noted that a taxpayer’s reward for participating in ICAP is the chance to present its transfer pricing and international tax positions in a non-confrontational environment and to present them simultaneously to multiple tax authorities that will work through them collaboratively.” 

The webinar can be watched on demand here.

ICC Statement on Using AI in Advertising and Marketing Communications

The International Chamber of Commerce (ICC) released a statement on the use of Artificial Intelligence (AI) in advertising and marketing communications. ICC’s position on AI will also be reflected in the upcoming 2024 launch of the revised ICC Advertising and Marketing Communications Code (“the ICC Code”). The ICC Code is a globally applicable, self-regulatory framework, developed by experts across all industry sectors worldwide.

The upcoming revised version of the ICC Code will reiterate and clearly address in the scope that marketers’ responsibilities do not change with the use of AI and marketing communications prepared or delivered using AI must meet the same standards as all marketing communications.

ICC states: the ICC Code covers all forms of commercial marketing communications and is media and technology neutral. It applies to all mediums and platforms including social media, mobile, virtual and marketing communications using AI, as well as new technologies that become available in the future. As such, it serves as a practical resource for practitioners developing and delivering marketing communications, including with the assistance of AI, algorithms, and other automated technologies. Marketers should ensure that the ICC Code is followed whether marketing communications are created, modified or delivered solely by humans or with the assistance of AI, whether in whole or in part. When employing such technologies, marketers must remain at the helm and continue to exercise due care and oversight to ensure that marketing communications are legal, decent, honest, truthful, and that data privacy policies are adhered to. Careful oversight should be in place to ensure that marketing communications do not incite or condone any form of discrimination. Marketers are also encouraged to be mindful of diversity and inclusion in advertising and seek to avoid stereotypes and objectification.”

For the full statement, please click here.

 

USCIB Welcomes Release of the US National Action Plan on Responsible Business Conduct 

New York, NY, March 25, 2024—The United States Council for International Business (USCIB) welcomes the release of the U.S. National Action Plan on Responsible Business Conduct (NAP). USCIB also encourages other governments around the world to implement their own NAPs to ensure that progress on human rights remains a global priority.   

Simultaneously, and as a key deliverable to the NAP, the U.S. Department of Labor announced a $2M grant to the International Labour Organization, to strengthen global social compliance systems and to combat forced labor in supply chains. 

USCIB has been providing consultations on the NAP since 2015 and hosted the first public consultation alongside global partners and other major business organizations. Also, in 2022, USCIB submitted comprehensive comments for the 2024 NAP version and organized a briefing for members with the State Department.  

“When done well, NAPs can help companies implement their responsibility to respect human rights, both within their own operations and those of their business partners,” said Ewa Staworzynska, USCIB director for Corporate Responsibility and Labor Affairs. 

The U.S. State Department will host an event on March 25, titled “U.S. Leadership on Responsible Business: The Launch of the U.S. Government’s National Action Plan on Responsible Business Conduct.” The event will feature discussions around key priorities addressed in the NAP, including strengthening access to remedy and protecting workers’ rights, as well as a discussion on government approaches to strengthening business respect for human rights and responsible business conduct more broadly. USCIB President and CEO Whitney Baird will be on a panel during the event, joining representatives from Oxfam, DHS and Simpson Thacher. 

The launch event will feature keynote remarks by Under Secretary for Economic Growth, Energy, and the Environment Jose Fernandez.  It will also include a panel discussion with other U.S. senior officials from across government, including from the Department of Homeland Security, Department of Treasury, Department of Labor, Department of State, and other stakeholders involved in the NAP process. 

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 Congratulates Sean Patrick Maloney on His Confirmation as Next US Ambassador to OECD 

Photo: Tom Williams/CQ-Roll Call, Inc

Washington DC, March 20, 2024—The United States Council for International Business (USCIB) congratulates Former Representative of New York Sean Patrick Maloney on his confirmation as the next U.S. Ambassador to the Organization for Economic Cooperation and Development (OECD). Maloney was confirmed by the U.S. Senate on March 12. 

As the U.S. representative to Business at OECD, the private sector voice in OECD policymaking, USCIB attests to the positive impact of the OECD across a range of issues that affect the competitiveness of the U.S. economy. These issues include investment, taxation, trade, energy and environment, health, competition, consumer policy, bribery and corporate governance. 

“USCIB is delighted to welcome Representative Maloney as the next OECD Ambassador,” said USCIB President and CEO Whitney Baird, who is a former Chargé d’Affaires of the U.S. Mission to the OECD. “The OECD is a critical forum for our members—it is uniquely open and receptive to the views and real-world experiences of the private sector. We look forward to working with Representative Maloney to support the OECD’s mission to promote global economic growth, which benefits American businesses, consumers, workers and taxpayers.” 

For decades, USCIB members have relied on the OECD as an institutional voice of evidence- and data-based policy guidance and assessment, influencing policies and practices in markets important to U.S. business competitiveness and to jobs generated for U.S. taxpayers. 

USCIB Members Elected to Leadership Roles at BIAC

USCIB is pleased to announce that several members have been accepted to leadership positions across Business at OECD’s (BIAC) Committees. The BIAC Executive Board officially voted on nominations on February 19 to accept the following USCIB members:

  • Mark Prince (Amazon) will be Vice Chair of the BIAC Consumer Policy Committee
  • Jesus Alvarado Rivera (AB-InBev) will be Vice Chair of the BIAC Competition Committee
  • Rick Ziegler (UL Solutions) will serve as Vice Chair of the BIAC Consumer Policy Committee

Additionally, BIAC also appointed Kate O’Sullivan, (Microsoft) and Krisztian Katona (Computer & Communications Industry Association) as special advisors to the BIAC Competition Committee.

“We’re thrilled that so many USCIB members have this opportunity to share their experience and expertise to help lead these important BIAC Committees,” said Norine Kennedy, USCIB senior vice president for policy and global strategy. “We have no doubt that they will provide great value in conveying business priorities to the Organization for Economic Cooperation and Development (OECD).”

USCIB Hosts ICC ATA Carnet Administrative Committee Meeting 

Last week, USCIB hosted the International Chamber of Commerce (ICC) World Chambers Federation (WCF) ATA Carnet Administrative Committee (ATAC) in New York.

Chaired by USCIB Chief Operating Officer Declan Daly and Henk Wit (Netherlands Chamber of Commerce (KVK), the discussions revolved around important topics such as the 2024 ATA Carnet work plan, preparation for the global transition of e-ATA (digital ATA Carnet), ATAC composition, global issuing and claims statistics, new members’ accession, and ATA Carnet administration.  

This biannual meeting gathered participants from 13 national guaranteeing associations. 

“USCIB was delighted to host this year’s spring ATAC meeting at USCIB’s NY office, particularly since it has been nearly a decade since we held a U.S.-based meeting,” said Daly. “I look forward to this year’s work plan and the exciting milestones we have already achieved this year, namely the first ever test processing of a digital ATA Carnet last month at JFK.” 

Last month, USCIB helped coordinate a highly successful U.S. digital ATA Carnet (e-ATA) test processing at John F. Kennedy Airport in collaboration with U.S. Customs and Border Protection (CBP), Roanoke Insurance Group Inc. and Rock-it Cargo. This first e-ATA test in the United States was done in conjunction with the London Chamber of Commerce & Industry (LCCI) and UK Customs (HMRC), which processed the e-ATA for import at London’s Heathrow airport. 

USCIB Welcomes New Staff in Communications, Legal Affairs, Finance & Administration  

USCIB welcomed several new staff members across the New York and Washington DC offices over the past two weeks. 

Most recently, USCIB welcomed Anna Hughes as Vice President of Communications. Hughes has over twenty years’ experience in communications, marketing and public relations having held various positions at Twitter, BSA | The Software Alliance, American Composites Manufacturers Association (ACMA) and Ogilvy. Hughes will be based in the Washington office. 

Earlier this week, USCIB also welcomed Jason File as USCIB’s new Director of Legal Affairs, based in New York. Along with his Arbitration Committee responsibilities, File will also serve as General Counsel for USCIB. Prior to joining USCIB, File was a senior associate in the Arbitration group at Cooley LLP, focusing on high-stakes arbitration, including investor-state arbitration, international commercial arbitration, mass arbitration claims and corporate executive disputes. File’s previous positions include serving as a war crimes prosecutor at the UN International Criminal Tribunal for the former Yugoslavia in The Hague, and an international arbitration associate at Wilmer Cutler Pickering Hale and Dorr LLP in London.  

Finally, Andrew Julia joined as the new Director of Finance & Administration. Andrew brings over 15 years of experience in financial management, accounting, and administration in the non-profit sector. He joins us from the Baryshnikov Arts Center, Inc. where he was the Director of Finance & Human Resources. Prior to this, Andrew worked at the American Federation of Musicians & Employer’s Pension Fund where he held various accounting and audit roles. He is a Certified Public Accountant and Certified Employee Benefit Specialist. Julia will work out of USCIB’s New York office.           

 

Rick Minor Testifies at House Committee on Ways and Means Subcommittee on Tax

L-R: Megan Funkhouser (Information Technology Industry Council), Rick Minor, Gary Sprague (Baker McKenzie), Daniel Bunn (Tax Foundation)

USCIB’s Tax Counsel Rick Minor testified on March 7 at the Hearing before the U.S. House Committee on Ways & Means Subcommittee on Tax, “Ensuring the Biden Administration Puts Americans First.”  It was the first Congressional hearing on the current Pillar One proposals of the OECD Two Pillar solution project.

“The message from the U.S. should be that discrimination against U.S. companies should not be permitted in any case,” emphasized Minor during his oral testimony. “Fiscal measures specifically targeted at U.S. multinationals should never be a legitimate tax policy choice in a stable international tax system.”

Minor also told the Subcommittee Members that a Pillar One solution that does not effectively eliminate double taxation in its application is not sustainable and that U.S. industry is concerned that the current design of Amount B falls short of the stated objectives of the OECD in its original blueprint.

Minor with Mike Kelly

“We can imagine a reality in which these rules can exist in some form, if the final rules stabilize the international tax system,” added Minor.

On behalf of USCIB, Minor encouraged the Biden administration and U.S. Congress to remain engaged in the OECD process.

House Committee on Ways and Means Tax Subcommittee Chairman Mike Kelly (PA-16) led the meeting before the 18 member Subcommittee. Minor’s testimony was one of four from the private sector; other witnesses included Megan Funkhouser, senior director of Policy, Tax and Trade at the Information Technology Industry Council, Gary Sprague, partner at Baker McKenzie and Daniel Bunn, president and CEO of the Tax Foundation.