Internet Governance Forum (IGF)

The Internet Governance Forum (IGF) is a multistakeholder space that facilitates the discussion and dialogue of public policy issues pertaining to the Internet. The IGF was convened in 2005 by the United Nations General Assembly.

With the renewal of its mandate by United Nations in December 2015, the IGF consolidates itself as a platform to bring people together from various stakeholder groups as equals. While there’s no negotiated outcome, the IGF informs and inspires those with policy-making power in both the public and private sectors. At their annual meeting delegates discuss, exchange information and share good practices with each other.

The IGF facilitates a common understanding of how to maximize Internet opportunities and address risks and challenges that arise. The IGF is also a space that gives developing countries the same opportunity as wealthier nations to engage in the debate on Internet governance and to facilitate their participation in existing institutions and arrangements. Ultimately, the involvement of all stakeholders, from developed as well as developing countries, is necessary for the future development of the Internet.

The twelfth annual meeting of the Internet Governance Forum (IGF) will be held in Geneva, Switzerland, from 18 to 21 December 2017.

USCIB Washington Update October – November 2017

Highlighting Key Activities, October-November 2017

During the months of October and November 2017, USCIB Staff met with Deputy Assistant to the President for International Economic Affairs Everett Eissenstat on U.S. trade policy, discussed OECD policy work with Acting Assistant Secretary of State for Economic and Business Affairs Brian McFeeters, engaged on CFIUS with Treasury DAS for Investment Security and Chair of the CFIUS Aimen Mir, spoke on a NAFTA panel at the Services Summit conference, submitted a comment letter to OECD on the tax challenges of the digitalized economy, raised concerns regarding the work of the OECD Health Committee with the Director of Employment, Labor and Social Affairs for the OECD Stefano Scarpetta, reviewed questions on customs treatment of international postal shipments with Deputy Post Master General Ronald A. Stroman, provided the business view at UNCTAD’s High-Level Conference on International Investment Agreements and much more. Below are summaries of these and other highlights from the activities of USCIB in Washington, D.C. over the last two months. If you have any questions or comments, or want more information on a specific topic, please contact any of the staff members listed at the end of this brief.

Table of Contents:

    1. Trade and Investment – Opening Global Markets for Trade and Investment
    2. ICT Policy – Promoting Sound Policies for New Technologies
    3. Tax – Advancing Tax Policies that Promote U.S. Competitiveness
    4. Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices
    5. Food and Agriculture – Promoting an Open and Efficient Global Food System by Providing Industry Expertise
    6. Innovation and Intellectual Property – Promoting an Open and Efficient Global Food System by Providing Industry Expertise
    7. APEC – Enhancing U.S. Business Cooperation with the Asia-Pacific Region
    8. Membership
    9. Upcoming Events
    10. Staff List

Trade and Investment – Opening Global Markets for Trade and Investment

Mulligan Talks NAFTA at CSI Summit: USCIB Senior Vice President for Policy and Government Affairs, Rob Mulligan spoke at a Coalition of Services Industries (CSI) summit on October 17, where he outlined USCIB’s North American Free Trade Agreement (NAFTA) priorities. Mulligan noted that NAFTA can be brought into the 21st century by including provisions that ensure cross-border data flows, include strong e-commerce rules, protect against data localization requirements, and level the playing field for firms competing against state-owned enterprises. More can also be done to improve the customs processes with Canada and Mexico. These steps will help U.S. businesses grow and create jobs. Mulligan noted that USCIB member companies strongly support NAFTA and have greatly benefited from it over the last 23 years, so they want the governments to avoid changes to existing parts of NAFTA that would harm trade rather than expand it. He especially highlighted concerns with U.S. government proposals on rules of origin, government procurement, ISDS and a sunset clause.

USCIB Lobbies Senate and House on NAFTA and Co-sponsors Reception: As part of a wider Coalition effort related to NAFTA, Rob Mulligan, Senior Vice President, Policy and Government Affairs, and Eva Hampl, Director, Investment, Trade and Financial Services, lobbied the Senate and the House, respectively, in October as the fourth round of talks unfolded. Private-sector representatives spent two full days talking to House and Senate Republicans and Democrats. Issues addressed included proposals coming from the U.S. side in the NAFTA talks addressing rules of origin, government procurement, investor-state dispute settlement, and a proposed sunset provision that would essentially force NAFTA to be renewed at regular intervals. There continues to be great concern in the business community that NAFTA is being set up to fail with some of the proposals that are being tabled. USCIB also co-sponsored a reception on the sidelines of the NAFTA talks, where Hampl amplified USCIB’s central message of urgency, noting that USCIB members rely on the agreement and its benefits for their operations, which provide jobs for U.S. workers.

USCIB Digital Trade Working Group Meets with USTR on NAFTA Digital Trade Negotiations:  Jonathan McHale, Deputy Assistant USTR for Telecommunications Policy briefed the USCIB Digital Trade Working Group on the NAFTA negotiations at its meeting on November 7, 2017.  He provided an update on the digital trade elements of the NAFTA negotiations as well as an outlook for e-commerce at the WTO Ministerial.  Jonathan highlighted several positive developments with regard to the digital trade issues and noted areas where the U.S. has proposed additional provisions for negotiation.  Members also heard from Nick Ashton-Hart, calling in from Geneva, who has been assisting the Friends of E-Commerce for Development group of countries seeking to have the WTO move forward with work on e-commerce issues.  He noted that there is a group of African countries opposing these efforts to address e-commerce more actively in the WTO and urged USCIB and ICC to work with affiliate business groups in those countries.  The DTWG also discussed planning for 2018 and will look to prioritize advocacy and engagement that capitalizes on USCIB’s access to global organizations.

USCIB Joins BIAC Board for Meetings in Washington, D.C. with Key U.S Officials:  The Business at OECD (BIAC) Board of Directors held its most recent meeting in Washington, D.C. on October 30, 2017.  Rick Johnston, Citi, who is the USCIB Trade and Investment Committee Chair, also serves as a Vice-Chair of the BIAC Board and hosted their meeting at his office.  In addition to a day-long strategy meeting which included a presentation from Rob Mulligan as the representative of the U.S. affiliate to BIAC, the Board Members had the chance to exchange views with a number of key U.S. officials and thought leaders including Everett Eissenstat (Deputy Assistant to the President for International Economic Affairs), Andy Taylor and Matthew Zweig (Staff for House Committee on Foreign Affairs), and Brian McFeeters (Acting Assistant Secretary for Economic and Business Affairs).  They also had a lunch discussion with Greg Ip (Wall Street Journal) and Shawn Donnan (Financial Times).  Peter Robinson, CEO and President of USCIB, and Rob Mulligan joined the Board for these meetings.

Hampl Advocates for Strong Investment Policies in Paris: In October, Eva Hampl, Director, Investment Trade and Financial Services, participated in the meetings of the OECD Investment Committee. In addition to a formal stakeholder consultation, and a dinner with leadership from the Investment Committee as well as the OECD Secretariat, Hampl had bilateral meetings with various OECD investment staff, as well as with officials from the U.S. Mission to the OECD. During the stakeholder consultation, BIAC made strong statements focused primarily on international investment agreements, specifically ISDS and related issues. BIAC maintained the position that investment agreements are very important to business, and are necessary for a robust international investment environment. Unfortunately, the OECD has not yet been able to produce reliable data definitively proving the benefits of IIAs. Hampl also made an intervention on behalf of U.S. industry, underlining the importance of empirical research in this area, and raising concerns about leaving a vacuum of information in the space related to IIAs.

Donnelly Speaks Up for Business at UNCTAD’s High-Level Conference on International Investment Agreements (IIAs): USCIB Vice President for Investment Policy Shaun Donnelly was the lead business speaker at the October 9-11 annual High-Level Conference on International Investment Agreements in Geneva. Shaun kept reminding the government, NGO and academic “experts” that strong IIAs, including effective Investor-State Dispute Settlement (ISDS) disciplines, help drive investment flows and all the benefits (economic growth, trade and good jobs) we are all seeking. Donnelly authored a blog post on the UNCTAD IIA Conference, including key talking points from his several interventions.

Donnelly Touches Base on Geneva Issues, Tees up Peter Robinson’s Meetings with U.S. Mission: While in Geneva in early October, USCIB’s Shaun Donnelly met with the Charge d’Affaires (the Acting U.S. Ambassador) to the Geneva UN agencies, Ted Allegra. They reviewed USCIB priorities and concerns across a range of UN agencies (World Health Organization, International Labor Organization, and Human Rights Commission, in addition to UNCTAD. Donnelly also had a detailed roundtable with key U.S. Mission staff from multiple U.S. agencies (State, HHS, USTR). Donnelly met formally or informally with other Geneva-based foreign Ambassadors and staff in other UN agencies. About a month later, USCIB President/CEO Peter Robinson was back at the U.S. Mission for a more detailed follow-up session with the Charge, focused especially on serious challenges for USCIB members at the WHO, HRC, and ILO. Peter also was able to have a busy round of high-level meetings at UN agencies and beyond.

USCIB Discusses Transparency at OECD SOE Integrity Roundtable: On October 23, 2017, represented USCIB at a special roundtable at the OECD on Integrity, the “Fight Against Corruption and Responsible Business Conduct in the SOE Sector”. As a discussant on the issue of transparency, Hampl made comments addressing the importance of transparency regarding state-owned enterprises (SOEs). SOEs are increasing in global commerce, disadvantaging companies operating without state support or control. SOEs are particularly vulnerable to corruption due to factors such as a close relationship between government, politicians and the SOE senior management, and in some cases lack of transparency and reporting. To truly level the playing field between SOEs and companies competing in the global market, SOEs must be held to the same standards. Following the roundtable, Hampl also participated in the consultation with the OECD Working Party on State Ownership and Privatization Practices, where she reiterated many of the points made at the roundtable, as well as emphasized the importance of the OECD to focus on the demand side of bribery.

Discussing the Cost of Corruption on OECD Anti-bribery Convention and FCPA Anniversary: On November 8, 2017 Eva Hampl, took part in a panel at the event “Celebrating the OECD Anti-Bribery Convention at 20, the FCPA at 40 & Addressing the Challenges Ahead”. She addressed the cost that corruption and bribery present to business, and the important role the OECD plays to level the playing field in that regard. The OECD Anti-bribery Convention is a landmark instrument addressing the bribery of foreign officials. With its multi-disciplinary nature, the OECD has the capacity to take a coordinated approach to the fight against corruption, including addressing such issues as increased adherence to the Convention, increased efforts to address the demand side of bribery, more measures to facilitate voluntary self-disclosure, and addressing the growing complexity and costs of complying with multiple anti-bribery regimes by promoting clarity and greater international consistency.

USCIB Urges High Standards in Colombia’s OECD Accession: Through its Business at OECD (BIAC) affiliation, USCIB has been extensively involved in representing member interests in the OECD accession process of Colombia. Eva Hampl traveled to Paris in November with member companies and associations, to attend meetings with OECD officials and various OECD delegations. BIAC led the global business delegation in meetings with Ken Ash, OECD director for trade and agriculture, Nicola Bonucci, OECD director for legal affairs and coordinator for accession, Catalina Crane, high-level contact for Colombia’s OECD Accession Process, and delegation representatives from the United States, including Andrew Haviland, chargé d’affaires, as well as representatives from the European Union, United Kingdom, Sweden, Switzerland, Belgium and Mexico. Colombia started the accession process in 2013, and currently 20 of the 23 OECD Committees have approved them for accession. One of the outstanding committees is the Trade Committee, which is currently drafting its Formal Opinion, which is the final stage in the process. USCIB’s current advocacy surrounds pre-accession recommendations, which we urged the OECD Trade Committee to include in the Formal Opinion. This ask is central to resolving our various business issues. Following the November 2017 meeting, the next meeting of the OECD Trade Committee will be in April 2018. USCIB will aggressively continue our advocacy efforts as this accession process moves forward, to ensure that as many of our priority issues are resolved as possible before Colombia joins the OECD.

Checking in with New Economic Leadership at State: On October 26, Shaun Donnelly had a wide-ranging introductory session on USCIB and our key priorities with the then new Acing Assistant Secretary of State for Economic and Business Affairs (the “EB Bureau”) Brian McFeeters plus other senior EB staff. Brian, just back from a tour as Deputy Chief of Mission in Indonesia, is the new Principal Deputy Assistant Secretary (“P/DAS”) in EB but was holding the fort until his new boss was confirmed and sworn in. As a former EB PDAS in his own 36-year Foreign Service career, Shaun had a lot of common experiences to draw on with Brian as he laid out USCIB’s unique role representing U.S. business around the world and our current policy priorities. Former Senate staffer Manisha Singh was confirmed by voice vote by the U.S. Senate on November 2 to be the next EB Assistant Secretary. Ms. Singh, who served as EB’s Trade DAS in the George W. Bush Administration, should be formally sworn in very soon. Here’s a link to McFeeters’ official State bio.

Helping Mark 20 Years of the OECD’s Anti-Bribery Convention: The Coalition for Integrity (“C4I”) organized an afternoon long seminar on the afternoon of their annual dinner in Washington marking the 20th anniversary of the OECD’s Anti-Bribery Convention and the 40th Anniversary of the U.S. Foreign Corrupt Practices Act, two key tools in the fight against international bribery. USCIB VP Shaun Donnelly spoke on the panel focused on the panel focused on the OECD’s Anti-Bribery convention (officially the “Convention on Combating Bribery of Foreign Public Officials in International Business Transactions”) which was signed in December 1997. Shaun and fellow panelists evaluated process and highlighted priorities for future work. Shaun emphasized two key areas for concerned USCIB member companies – balancing the now well-established work on the “supply” side of corruption from the business side to bring equal focus on the “demand” side, unmasking and punishing corrupt senior government officials attempting to extorting payments from businesses. Shaun also urged the participating governments to open more of the committee meetings and activities to business and other stakeholders.

Talking CFIUS with Treasury: With the long-awaited Cornyn Bill to reform and strengthen the interagency Committee on Foreign Investment in the U.S. (“CFIUS”) finally now getting more attention, USCIB staffers Shaun Donnelly and Eva Hampl ventured over to Treasury (the lead agency on CFIUS) to meet with Aimen Mir, Treasury DAS for Investment Security and Chair of the CFIUS. We had an excellent, wide-ranging discussion on key CFIUS issues with the result that DAS Mir and his boss new Treasury Assistant Secretary Heath Tarbert will be speaking with USCIB member companies at our upcoming USCIB Trade and Investment Committee meeting on December 12.

Talking Trade Hither and Yon: Beyond his part-time USCIB work, our VP for Investment Policy Shaun Donnelly remains a sought-after after-hours speaker on broad trade topics both in Washington and on the road. Recently Shaun spoke on Trump Administration trade policies and related trade issues at the Louisville (Kentucky) Committee on Foreign Relations and at his long-ago high school in Indiana. Here in Washington, Shaun was a dinner speaker for the prestigious Foreign Policy Discussion Group and to a “Road Scholar” group as part of a week-long program on “Sovereignty Issues in U.S. Foreign Policy.” Helps keep the old Ambassador off the street and, hopefully, helps in a small way to improve public understanding on important trade issues for our country.

ICT Policy – Promoting Sound Policies for New Technologies

USCIB Members Engage with the Internet Society on Internet Governance Issues, Commerce Debriefs on Privacy Shield Annual Review: The ICT Policy Committee Meeting on October 4 featured a dialogue with senior executives of the Internet Society (ISOC) to explore potential collaboration in developing new approaches to increasing challenges in the Internet governance space. It was noted that Internet governance issues have become more complex and the multistakeholder model has come under fire in multilateral organizations due to geopolitical pressures often couched in security terms. Members agreed that USCIB and ISOC should leverage our organizations’ positive multistakeholder experiences to showcase a new alternative. ISOC’s Chief Technology Officer Olaf Kolkman also gave a presentation on ISOC’s Mutually Agreed Norms for Routing Security (MANRS) Initiative, which is aimed at bringing companies and other stakeholders together to develop a set of norms focused on routing security. In addition, Nasreen Djouini, International Trade Specialist at International Trade Administration, U.S. Department of Commerce, debriefed members on the generally successful first annual review of the EU-U.S. Privacy Shield Framework. USCIB issued a statement just before the September 18-19 review reaffirming its support for the Framework, underscoring that it is accomplishing its intended goal of creating stronger, more effective means for transferring and safeguarding personal data from the EU to the United States.

USCIB Members Shape Discussions on EU Privacy Regulation Impact, Amazon Application, and Board Accountability at ICANN 60: The 60th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in Abu Dhabi, UAE, October 28-November 3 was dominated by discussions about the implications of the May 25, 2018 implementation of the EU’s General Data Protection Regulation (GDPR) on ICANN’s WHOIS database policies and the contractual obligations of Registries and Registrars. USCIB member representatives from Amazon, AT&T, Facebook, Google, Microsoft, VeriSign and Verizon actively contributed to their expertise. In addition, the long-running dispute concerning Amazon’s application for the Amazon generic top-level domain (gTLD) was the focus of a standing-room only session of the Governmental Advisory Committee (GAC). The ICANN Board’s abrupt suspension of a review to ensure the security, stability and resilience of the domain name system (DNS) came under tough scrutiny. Barbara Wanner, ICT Vice President, participated in her capacity as the BC’s representative to the Commercial Stakeholder Group (CSG), a position that facilitated important meetings with senior ICANN officials and other key constituencies.

Key Inputs to OECD Horizontal Project on the Digital Economy are Influenced by USCIB Members: On October 25, USCIB member representatives from Amazon Web Services, AT&T, Facebook, and Microsoft, made key contributions to a joint BIAC/OECD workshop, “OECD Going Digital Scenarios,” which considered four different potential scenarios for how the digital economy may evolve over the next several decades. They provided feedback about the likelihood of these scenarios occurring and the impacts on business, consumers, and other participants in the economy and society. Selected members followed this up October 26-27, providing industry insights to a joint OECD/Government Japan conference on Artificial Intelligence (AI). Their substantive contributions continued through the week of October 30 at meetings of the Working Party on Communication Infrastructures and Services Policy (CISP), the Working Party on Measurement and Analysis of the Digital Economy (MADE), and the Working Party on Security and Privacy in the Digital Economy (SPDE) as well as at the November 21-22 meetings of the Committee on Digital Economy Policy (CDEP). Working through BIAC, USCIB member input will feed into the OECD’s Going Digital project on the digital transformation of the economy. This is the most ambitious horizontal project that has ever been undertaken by the OECD, the goal of which is to help governments approach the digital transformation of the economy in a coherent, proactive, and whole-of-government manner.

Tax – Advancing Tax Policies that Promote U.S. Competitiveness

USCIB Participates in OECD Conversation on the Tax Challenges of the Digitalized Economy: In response to a request for input by the OECD, USCIB submitted a comment letter on the tax challenges of the digitalized economy. The letter emphasized the need to consider the impact of changes on global growth and the need to ensure that new rules are based on sound principles. The letter analyzed the proposals under the Ottawa principles that have been used to evaluate tax proposals in the past and that the OECD has supported in the Action 1 Final Report. The written comments were followed by a public consultation held in Berkeley, California. The Berkeley meeting was well-attended by USCIB members, including Bill Sample, Chair of the USCIB Tax Committee, Will Morris, Vice Chair of the USCIB Tax Committee (and Chair of the BIAC Tax Committee), and Carol Doran Klein, USCIB Vice President and International Tax Counsel. In addition to global growth and sound principles, business emphasized the need for income taxation to follow value creation; the difficulty of valuing data, that raw data does not create value, rather value is created by what businesses do with data; that the digital economy cannot be ring-fenced (although many of the proposals seem to try to do precisely that); that gross basis taxes are especially flawed given that most businesses fail and that even successful businesses may incur start-up losses for extended periods; and that any short-term solution must be genuinely short-term and comply with both tax treaty and trade obligations.

USCIB members also met separately with officials from the German Finance Ministry to discuss their views on these issues. We will also be having a meeting in Washington, D.C., on November 30th, with the French Finance Ministry to these topics.
It is clear that there is tremendous political pressure to shift taxation rights. The EU wants new “source” rules that put more profit in market jurisdictions. It seems that the OECD may have a short window to produce results that the EU and other jurisdictions that are seeking more “source” taxation rights consider appropriate. Beyond that time-frame, which may coincide with the April 2018 report to the G20, unilateral measures become increasingly likely.

USCIB Submits Comments on Platform for Collaboration on Tax’s Draft Toolkit on the Taxation of Offshore Indirect Transfers: USCIB submitted a comment letter on the taxation of offshore indirect transfers. The comment letter strongly made the point that, if adopted as drafted, the toolkit would reverse fundamental policies on the taxation of capital gains and therefore should be considered (and adopted or rejected) by country delegates, not recommended by staff of international organizations.

USCIB Attends and Presents Comments at the OECD’s Public Consultations on Profit Splits and Profit Attribution: Bill Sample and Carol Doran Klein represented USCIB at two days of public consultations at the OECD in Paris on profit splits and profit attribution. Business emphasized that the use of the transactional profit split method should be rare. There was a great deal of discussion concerning risk and the accurate delineation of the transaction. Many of the business commentators argued that applying the TPSM to companies that do not assume the risk under Chapter 1 is inappropriate. Another frequent comment of business on the profit split method was that more clarity is needed particularly on the definition of unique and valuable intangibles. On profit attribution, business criticized the high-level nature of the current discussion draft, making the point that more detail is needed to achieve certainty.

USCIB Participates in BIAC Tax Committee Meeting: Bill Sample and Carol Doran Klein participated in a BIAC Tax Committee meeting in Paris that was held at the offices of Baker & McKenzie. There were presentations by a number of OECD staff summarizing the status of a number of important work streams. On the digital economy work, the OECD indicated that there is no consensus on any of the options, but external developments are sharing the conversation and the report. The OECD wants to ensure that the interim report provides a pathway to long-term solutions. With respect to profit attribution, the OECD expected that the WP6 would reach agreement on a final version by November 17. A draft should go to the CFA/Inclusive Framework for approval in January 2018. The timing is similar for finalizing the profit split discussion draft.

Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices

Giblin Represents USCIB and ICC at WCO 60th HSC Meetings: From September 27 – October 6, 2017, Megan Giblin, USCIB Director of Customs and Trade Facilitation, participated in the World Customs Organization 60th Harmonized System Committee (HSC) Meetings in Paris, France. At the 60th HSC, there were 53 individual product classification decisions taken, and a number of issues important to USCIB membership were discussed, including 3D Printers, certain Tobacco Products, Toys, Footwear, and more.

Engaging with ICC Customs and Trade Facilitation Commission on E-Commerce: Megan Giblin participated in the ICC Customs and Trade Facilitation Commission Meeting in Paris, France, November 9-10, 2017. ICC provided an update on its engagement in the WCO working group on e-commerce as a co-lead of the sub-working group on Revenue Collection. Other topics covered at the meeting included a discussion on the European Union Customs Code (UCC), implementation of the WTO Trade Facilitation Agreement (TFA), and an update on the WCO Technical Committee on Customs Valuation (TCCV) developments.

Customs Committee Members Meet with Key Players on International Postal Shipments: In efforts to address member questions related to customs treatment of international postal shipments, the USCIB Customs and Trade Facilitation Committee had meetings with Manuel (Manny) Garza of CBP, Mr. Joseph Murphy of the Department of State, and Deputy Post Master General, Mr. Ronald A. Stroman, to continue our discussions and information gathering on current and pending regulations.

Food and Agriculture – Promoting an Open and Efficient Global Food System by Providing Industry Expertise

Stefano Scarpetta, OECD, Has Candid Conversation with USCIB Food and Agriculture and Health Care Working Groups: USCIB’s Food and Agriculture and Healthcare Working Groups met with Stefano Scarpetta, director of Employment, Labor and Social Affairs for the Organization of Economic Cooperation and Development (OECD) on October 25, 2017. The meeting reinforced longstanding USCIB and Business at OECD cooperation in other issue areas and the need to improve the engagement between business and the OECD Health Committee. Members also raised several concerns with a draft paper on sustainable access to innovative therapies.  USCIB outlined four areas of recommendations to Scarpetta in the hopes of improving future interactions with member states and the health division secretariat, including helping member states understand the role of Business at OECD and its national affiliates, tracking input from Business at OECD and national affiliates, increasing diversity in perspectives among OECD health division staff and better use of OECD expert groups.

Innovation and Intellectual Property – Strengthening International Protections for U.S. IP

USCIB Intellectual Property Committee is Re-Launched with Focus on Innovation: USCIB has redoubled its efforts to promote American competitiveness with the launch of its Intellectual Property and Innovation Committee. The new committee, chaired by Sharon Reiche, corporate counsel for global patents and policy at Pfizer Inc., builds upon USCIB’s longstanding commitment to improved protection of intellectual property – and the innovation and creativity it underpins – via robust U.S. trade policy and expanded international diplomatic commitments.

The inaugural meeting of the new USCIB committee took place on October 18 in Washington, D.C. Special guests at the meeting included John Sandage, Deputy Director General for Patents and Technology at the World Intellectual Property Organization (WIPO), and Paul Salmon, Senior Counsel for International Affairs at the U.S. Patent and Trademark Office. Daphne Yong-d’Hervé, Chief IP Officer for the International Chamber of Commerce (ICC), also addressed the committee via conference call, and highlighted the ICC’s new status as Observer to the UN General Assembly.

APEC – Enhancing U.S. Business Cooperation with the Asia-Pacific Region

USCIB Attends 2017 APEC CEO Summit in Da Nang, Vietnam: Mike Michener, USCIB Vice President of Product Policy and Innovation, attended the 2017 APEC CEO Summit on November 7-10 in Da Nang, Vietnam. Under the leadership of NCAPEC, USCIB and other business groups joined a diverse array of American CEOs and other executives (including numerous USCIB members) in both the official CEO Summit programming and other meetings with governments. Meetings were scheduled with the President of Vietnam, Tran Dai Quang, Ambassador Matt Matthews, U.S. Ambassador for APEC, the Trade Minister of Australia, Steven Ciobo, and Najib Tun Razak, the Prime Minister of Malaysia. Michener also participated in a meeting with the Philippine’s Secretary of Trade Roman Lopez.  

Throughout 2017, USCIB has addressed a number of key priorities through APEC, including chemicals policy, advertising self-regulation, data privacy, customs, digital trade, and women in the economy. Our members and staff have engaged in several APEC working groups, including the Chemical Dialogue, APEC Business-Customs Dialogue, Customs Procedures Virtual Working Group, Alliance for Supply Chain name=”MEM”> Connectivity, the Electronic Commerce Steering Group and Data Privacy Subgroup. Currently, USCIB has just finalized the 2018 APEC Priorities and Recommendations paper. Papua New Guinea will serve as the host economy for APEC 2018.

Membership

Membership Meetings: The USCIB membership department and policy staff met with representatives from member companies Gilead Sciences and DowDuPont to develop our understanding of their policy priorities for the next year and beyond, and to see how USCIB can better serve their policy needs.

New Members: USCIB has recently welcomed Reed Smith LLP and Uber as new members.

Upcoming Events

  • WCO 53rd RSC, Paris, France – December 4-12
  • ICC Marketing Commission Meeting, San Francisco – December 4-5
  • Third UN Environment Assembly (UNEA3), Nairobi, Kenya – December 4-6
  • Eleventh WTO Ministerial Conference, Buenos Aires, Argentina – December 10-13
  • USCIB Trade and Investment Committee Meeting, Washington, D.C. – December 12
  • USCIB ICT Policy Committee Meeting, Washington, D.C. – December 13
  • Internet Governance Forum (IGF), Geneva, Switzerland – December 18-21
  • USCIB Arbitration Committee Luncheon, New York – January 23
  • BIAC/OECD Meeting of Chemicals Committee, Working Party on Chemicals, Pesticides and Biotech, Paris, France – February 5-7
  • ICC Banking Commission Annual Meeting, Miami, Florida – April 3-6

Staff

 


USCIB Policy and Program Staff

Rob Mulligan
Senior Vice President, Policy and Government Affairs
202-682-7375 or rmulligan@uscib.org

Erin Breitenbucher
Senior Policy and Program Associate and Office Manager, Washington
202-682-7465 or ebreitenbucher@uscib.org

Norine Kennedy
Vice President, Strategic International Engagement, Energy and Environment
212-703-5052 or nkennedy@uscib.org

Shaun Donnelly
Vice President, Investment and Financial Services
202-682-1221 or sdonnelly@uscib.org

Elizabeth Kim
Policy and Program Assistant, New York
212-703-5095 or ekim@uscib.org

Megan Giblin
Director, Customs and Trade Facilitation
202-371-9235 or mgiblin@uscib.org

Carol Doran Klein
Vice President and International Tax Counsel
202-682-7376 or cdklein@uscib.org

Ronnie Goldberg
Senior Counsel
212-703-5057 or rgoldberg@uscib.org

Mia Lauter
Policy and Program Assistant, New York
212-703-5082 or mlauter@uscib.org

Eva Hampl
Director, Investment, Trade and Financial Services
202-682-0051 or ehampl@uscib.org

Mike Michener
Vice President, Product Policy and Innovation
202-617-3159 or mmichener

Alison Hoiem
Senior Director, Member Services
202-682-1291 or ahoiem@uscib.org

Chris Olsen
Policy and Program Assistant, Washington
202-617-3156 or colsen@uscib.org

Gabriella Rigg Herzog
Vice President, Corporate Responsibility and Labor Affairs
212-703-5056 or gherzog@uscib.org

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Jonathan Huneke
Vice President, Communications and Public Affairs
212-703-5043 or jhuneke@uscib.org

Kira Yevtukhova
Communications Manager
202-617-3160 or kyevtukhova@uscib.org

Top

Information, Communications and Technology

Chair

Eric Loeb
Senior Vice President of International External and Regulatory Affairs
AT&T

Staff

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Erin Breitenbucher
Senior Policy and Program Associate, Washington
202-682-7465 or ebreitenbucher@uscib.org

What’s at Stake for Business

  • The digital economy permeates everything and non-traditional ICT companies rely on ICTs to do their business.
  • The digital economy can deliver the solutions and innovations needed to create jobs and spur economic growth but policies must enable private sector opportunities to invest and promote cross-border data flows.
  • A shift away from the multistakeholder model of Internet governance toward a more government-dominated approach will snuff the dynamic growth of the ICT sector and hamper the innovative potential of the Internet.

Current Priorities

  • Advocate a multi-stakeholder model of Internet governance and promote policies and initiatives aimed at promoting private sector investment and competition.
  • Ensure that privacy regulations do not prove overly burdensome to business operations, hamper innovation, or impede legitimate cross-border data flows, while realizing regulatory interoperability.
  • Promote a risk management-based approach to cybersecurity that enables business to flexibly implement appropriate market-driven, voluntary, consensus-based internationally recognized standards.
  • Support continued multistakeholder leadership of the technical management of the Domain Name System.
  • Oppose overly broad local data storage requirements.

USCIB At Work

USCIB is advocating on a number of fronts for policies that do not hamper innovation and that allow ICTs to realize the tremendous potential to create economic opportunity, address social challenges and create a more inclusive digital economy:

  • At the United Nations – underscoring role of business in economic development and realization of Post-2015 SDGs and upholding the multistakeholder model of Internet governance
  • At the OECD – ensuring a risk-based approach to cybersecurity working through BIAC and continued pro-business, “light touch” regulatory approach to the evolving digital transformation of the economy
  • At APEC – pressing for approaches to privacy that enable cross-border data flows and are not overly restrictive
  • In Washington – engaging with the U.S. government to shape further development of NTIA’s multistakeholder examination of cybersecurity challenges

Recent Advocacy Engagement

The Committee has a deep technical knowledge of ICT issues and provides industry expertise in policy deliberations concerning the digital economy.  USCIB is also:

  • Engaging with U.S. government agencies to share information and align messaging about emerging issues in UN Internet governance forums.
  • Working within APEC to elevate the Cross-Border Privacy Rules (CBPR) system as a priority as well as promote U.S. leadership on an APEC digital economy agenda.
  • Actively collaborating with U.S. and foreign business groups on advocacy aimed at highlighting and seeking remedy for China’s protectionist technologies policies.
  • Shaping implementation of the 2016 plan to transition the stewardship of the Domain Name System to a global multi-stakeholder entity through both written comments and interaction with ICANN and U.S. government agencies.

Who We Are

The USCIB Information, Communications and Technology (ICT) Committee is composed of USCIB member companies representing a range of business and industry sectors. Advocacy priorities are determined that reflect consensus among the members.

Mission

The Committee advocates for policies characterized by free and fair competition, minimal government intervention and free information flows that ensure the continued growth of ICTs in a range of strategic forums:

  • The UN’s Commission on Science and Technology for Development (CSTD), the Internet Governance Forum (IGF), and the International Telecommunication Union (ITU).
  • The OECD
  • The APEC Electronic Commerce Steering Group
  • The Internet Corporation for Assigned Names and Numbers (ICANN)

Positions and Statements

USCIB Supports an EU-U.S. Privacy Shield Framework (9/18/2017) - On the occasion of the first joint review of the EU-U.S. Privacy Shield Framework, USCIB reaffirmed support for the Framework and issued a statement underscoring its importance in ensuring continued robust and reliable transatlantic data flows, which have proved vital for healthy U.S.-EU commercial relations.
USCIB Discourages Regulatory Overreach in Comments to ITU (8/16/2017) - USCIB filed comments with the International Telecommunications Union (ITU) last week as part of the agency's consultation on public policy considerations for "over the top" services, urging the ITU to avoid expanding its jurisdiction to include Internet-related issues.

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News Stories

Fall/Winter 2017 Issue of International Business Now Live (11/29/2017) - The Fall/Winter 2017 issue features USCIB President and CEO Peter M. Robinson‘s column on “The Global Goals: a blueprint for partnership and action” as well as articles on developments in the UN General Assembly, NAFTA and the World Trade Organization, plus news from our global network–Business at OECD, the International Organization of Employers and the International Chamber of Commerce.
USCIB Presses for Clarity on GDPR Impact at ICANN Meeting (11/14/2017) - ICANN 60, the Annual General Meeting of the Internet Corporation for Assigned Names and Numbers (ICANN), wrapped up on November 3 in Abu Dhabi, UAE with no further clarity for the ICANN community about the implications of the May 25, 2018 implementation of the European Union’s General Data Protection Regulation (GDPR) on ICANN’s WHOIS database, a system that provides information on entities that register domain names.

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Press Releases

Washington Conference to Explore OECD’s Role in Facilitating the Digital Transformation (1/17/2017) - USCIB is organizing a timely conference, “Facilitating Digital Transformation: The OECD’s Role,” March 8 in Washington, D.C.
USCIB Statement on the U.S. Election Results (11/9/2016) - USCIB congratulated Donald Trump on his election as president, saying a top priority for the new administration should be a strategy for U.S. engagement with the wider world.

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Op-Eds and Speeches

USCIB Op-Ed: Time for Some ‘Tough Love’ at the UN (5/2/2017) - USCIB President Peter Robinson, writing in The Hill, urges U.S. officials to help the United Nations focus its efforts and become more accountable to stakeholders.
USCIB in the News: Op-ed in The Hill on UN Funding (1/11/2017) - USCIB President and CEO Peter Robinson published a timely op-ed in The Hill addressing calls in Congress to withhold funding for the United Nations.

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Fall/Winter 2017 Issue of International Business Now Live

USCIB’s “International Business” Fall/Winter 2017 issue is now live!

The Fall/Winter 2017 issue features USCIB President and CEO Peter M. Robinson‘s column on “The Global Goals: a blueprint for partnership and action” as well as articles on developments in the UN General Assembly, NAFTA and the World Trade Organization, plus news from our global network–Business at OECD, the International Organization of Employers and the International Chamber of Commerce.

“International Business,” USCIB’s quarterly journal, provides essential insight into major trade and investment topics, a high-level overview of USCIB policy advocacy and services, USCIB member news and updates from our global business network.

Subscribe to USCIB’s International Business Magazine

Subscriptions to “International Business” are available free upon request to representatives of USCIB member organizations. Contact us to subscribe.

Non-members may subscribe to “International Business” and other USCIB print publications at an annual rate of $50 (U.S.) for domestic delivery, or $75 for overseas delivery. Contact us to subscribe. USCIB’s annual report, studies from the United States Council Foundation and related publications are included with your paid subscription.

Our free electronic newsletter, “International Business Weekly,” provides regular updates on USCIB’s major activities and priorities. Click here to view a sample issue. Click here to subscribe.

We welcome outside submissions and inquiries regarding our publications – send them to news@uscib.org.

We welcome advertising in International Business magazine — special discounted rates for USCIB member organizations! Contact Kira Yevtukhova (kyevtukhova@uscib.org) for more information.

2017 USCIB International Leadership Award Dinner

USCIB is delighted to honor Ajay Banga, president and chief executive officer of MasterCard. Each year this gala event attracts several hundred industry leaders, government officials and members of the diplomatic community to celebrate open markets and the recipient of USCIB’s highest honor.

Established in 1980, USCIB’s International Leadership Award is presented to a senior business executive who has made significant policy contributions to world trade and investment, and to improving the global competitive framework in which American business operates. Join us for what will be a truly memorable evening!

USCIB Presses for Clarity on GDPR Impact at ICANN Meeting

Barbara Wanner speaks at ICANN 60 meetings

ICANN 60, the Annual General Meeting of the Internet Corporation for Assigned Names and Numbers (ICANN), wrapped up on November 3 in Abu Dhabi, UAE with no further clarity for the ICANN community about the implications of the May 25, 2018 implementation of the European Union’s General Data Protection Regulation (GDPR) on ICANN’s WHOIS database, a system that provides information on entities that register domain names.

USCIB members, who participate in both contracted and non-contracted constituencies, took advantage of virtually every opportunity for engagement with the Board and senior management to press ICANN for guidance on the implications of the GDPR on their data collection responsibilities.

“Although ICANN 60 concluded with no definitive answers about the fate of WHOIS, the Board set forth an approach that may serve as an interim solution to contractual compliance,” said USCIB Vice President for ICT Policy Barbara Wanner who also serves as the ICANN’s Business Constituency’s representative to the broader Commercial Stakeholders Group. “ICANN further urged the community to submit additional questions about possible models for GDPR/ICANN contractual compliance for additional legal analysis. USCIB members will join fellow business constituents not only in pressing insightful legal analysis but also shaping the over-arching policy discussion about the future of WHOIS via the work of the Registry Directory Services (RDS) Working Group.”

In addition, the nearly 2500 participants from business, government, civil society, and the technical community who participated in the week-long meeting tackled the long-running dispute concerning Amazon’s application for the .Amazon generic top-level domain (gTLD). Nearly five years ago, Brazil and Peru, with support from Argentina, objected to the USCIB member’s application on grounds that a company should not profit from an address that refers to an important geographical. The ICANN Board deferred to this advice and did not approve the .Amazon application. Amazon pursued legal recourse and won an appeal.

Speaking before a packed room, Amazon representatives underscored that the company took great care to ensure that its gTLD applications met all the applicant guide book requirements, receiving perfect scores on all questions. They further noted that ICANN’s geographic names panel determined three times that .amazon is not a geographic name that requires government approval. Importantly, they indicated the company’s willingness to discuss a practical compromise that allows use of .amazon for its commercial purposes, while fully respecting the cultural people and ecology of the region. The ICANN Board asked the Governmental Advisory Committee to re-consider the .amazon application and notify the Board whether the application may proceed by the conclusion of ICANN 61, 10-15 March 2018.

“Concerning the GDPR/WHOIS issue as well as the Board’s handling of the .amazon application, members of the ICANN community are flexing their new accountability powers as part  of the post-IANA transition Empowered Community,” added Wanner. “The community wants to ensure that the Board and ICANN management is transparent in its consideration of critical issues affecting the community and appropriately hold them accountable to processes that were carefully negotiated as part of the IANA stewardship transition. The engagement at ICANN 60 is indicative a greater activism by USCIB members and other ICANN community members on a host of domain name issues going forward.”

USCIB Gears Up for APEC CEO Summit in Vietnam

This week, USCIB’s Vice President of Product Policy and Innovation Mike Michener will attend the Asia-Pacific Economic Cooperation (APEC) CEO Summit in Da Nang, Viet Nam, as a business delegate and representative of the U.S. APEC Business Coalition.

Organized under the leadership of the National Center for APEC (NCAPEC), USCIB will be joining other Coalition and NCAPEC members on the ground, including CEOs and executives from USCIB member companies. NCAPEC serves as the designated 2017 U.S. Strategic Partner for the CEO Summit, Secretariat to the U.S. members of the APEC Business Advisory Council (ABAC) and as Chair and Secretariat of the U.S. APEC Business Coalition.

Throughout 2017, USCIB has addressed a number of issues through APEC to advance discussions across a range of issue. These include chemicals regulation, advertising self-regulation, data privacy, customs, and digital trade. USCIB members and staff have engaged in several APEC working groups, including the Chemical Dialogue, APEC Business-Customs Dialogue, Customs Procedures Virtual Working Group, Alliance for Supply Chain Connectivity, the Electronic Commerce Steering Group and Data Privacy Subgroup.

In Da Nang, Michener will meet with USCIB members, leaders from APEC economies and representatives of intergovernmental organizations to discuss member companies’ APEC priorities and USCIB’s work. They look forward to hearing from USCIB members in Da Nang, in addition to joining with Coalition partners, to advance common objectives.

“USCIB appreciates the numerous committed partnerships that APEC has established with the private sector,” said Michener. “These partnerships are addressing many economic opportunities, particularly on trade and regulatory issues, that will help foster greater economic integration among APEC’s twenty-one member economies.”

The upcoming APEC meetings in Da Nang include, in addition to the CEO Summit, the Concluding Senior Officials’ Meeting, Fourth APEC Business Advisory Council (ABAC) Meeting, APEC Ministerial Meeting and APEC Economic Leaders’ Meeting. USCIB has collected priority issues from its membership for 2018, and will have the USCIB 2018 APEC Priorities and Recommendations Paper available in Da Nang.

Communicators Meet in Ireland for 2nd Business at OECD Roundtable

Last week, in Dublin and Cork, Ireland, Business at OECD welcomed more than 20 representatives from member federations and companies to its annual Heads of Communication Roundtable, jointly organized with its Irish member federation IBEC. Jonathan Huneke, USCIB’s vice president for communications and public affairs, represented USCIB alongside several representatives of USCIB member companies.

“This was a valuable series of meetings,” said Huneke. “We discussed the challenges, in the current international environment, of communicating the views and priorities of the globally oriented business community to governments and the public at large. We also explored ways to support our fellow federations’ activities, and to learn from one another, in a communications and policy environment that only seems to get more fast-paced and unpredictable every year.”

High-level speakers at the roundtable included Irish Ambassador to OECD Dermot Nolan, IBEC President Edel Creely and CEO Danny McCoy, and Irish experts who had helped “move the needle” on contentious public debates over economic development and marriage equality.

“The meetings also showcased some of the substantive factors Ireland brings to the table for companies when they make location decisions, Huneke added. “Hence the decision to visit the country’s high-tech hub of Cork.” The communicators held site visits and discussions with Cathy Kearney (CEO, Apple Ireland), Donal O’Sullivan (CEO, Johnson Controls) and Kyran Johnson (General Manager, Janssen, a unit of Johnson & Johnson).

Huneke said he made sure to remind all three companies of their USCIB membership, and offered to support their efforts in whatever way possible.

USCIB ICT Meeting

3rd Quarter meeting of the ICT Policy Committee will be on Tuesday, October 3, 2:00 p.m.-3:30 p.m., at the office of AT&T

USCIB Supports an EU-U.S. Privacy Shield Framework

On the occasion of the first joint review of the EU-U.S. Privacy Shield Framework, USCIB reaffirmed support for the Framework and issued a statement underscoring its importance in ensuring continued robust and reliable transatlantic data flows, which have proved vital for healthy U.S.-EU commercial relations.

In just one year, nearly 2,500 U.S. business entities have self-certified with the Department of Commerce and publicly committed to comply with the Framework requirements – with many of them already in the process of re-certifying.

“This impressive ‘track record’ substantiates our view that many U.S. companies see the potential of the Framework to provide greater legal certainty and consumer confidence in data transfers,” said Barbara Wanner, USCIB’s vice president for ICT policy. “In the longer term, this will promote commercial activities and investments yielding increased economic and societal benefits on both sides of the Atlantic,” she added.

USCIB highlighted three important points for consideration in the Annual Review: (1) the Framework is realizing stronger personal data protections; (2) the Framework is serving as an effective mechanism for certification by Small and Medium Enterprises (SMEs); and (3) the longevity of the Framework remains important.