Trade and Investment Archives

USCIB Provides Comments on China’s WTO Compliance, Urges Customs Reform, IP Protection and Open Market Access

Published on September 27, 2023

USCIB submitted comments on September 20 to the U.S. Trade Representative (USTR) regarding China’s WTO compliance with its World Trade Organization commitments. The submission raised a variety of concerns, including shortcomings with respect to intellectual property (IP) protection, trade facilitation, and market access.

The report notes that although China has improved many of its key IP laws since acceding to the WTO, there is a continued need to pressure China to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) standards. According to USCIB, China provides inadequate criminal liability for copyright offenses and establishes inadequate thresholds for making a copyright case.

The submission also focuses on sectoral issues, such as agriculture and grain exports, high levels of piracy in the audiovisual sector and a lack of openness in the Chinese telecommunications market. For example, China’s Telecom Services Catalog incorrectly classifies a wide range of ICT technologies and services as telecom services, and there is increased scrutiny over China’s Cybersecurity Law. The comments put pressure on the U.S. government to address these key areas for global commerce, trade facilitation and security.

Echoing USCIB’s 2022 submission regarding China’s WTO compliance to USTR, the comments continue to voice concern over the Section 301 tariffs imposed against Chinese imports.

“USCIB condemns the unfair Chinese practices identified under the Section 301 investigations, including forced technology transfer requirements, intellectual property infringements, state interventions, and other unfair trade practices that harm U.S. companies, workers, consumers, and competitiveness. While we remain wholly committed to U.S. efforts to confront unfair trade practices, we are concerned that the Section 301 tariffs imposed against Chinese imports have done more harm than good, raising the cost of doing business in the United States and increased prices for U.S. families and workers,” said USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark.

“China remains an important player on the world stage, and although cooperation can be challenging, we must continue to push for transparency and open market access,” she added. “Ensuring that China remains compliant with WTO regulations by bilaterally addressing challenges must remain a priority for the United States.”

USCIB Leads Business Delegation and Engages in High-Level Discussions at 2023 WTO Public Forum

Published on September 20, 2023
USCIB’s Alice Slayton Clark with WTO’s Angela Ellard and USCIB members at the 2023 WTO Public Forum

USCIB was in Geneva last week for the 2023 World Trade Organization (WTO) Public Forum alongside member companies and industry associations. The USCIB delegation advocated for member priorities, such as a high-level outcome and successful conclusion of the JSI on E-Commerce, a permanent moratorium on customs duties on electronic transmissions, opposition to a waiver extension for COVID-19 diagnostics and therapeutics, a third round of negotiations to liberalize tariffs in information techonology products (ITA-3), and elimination of tariff and non-tariff measures on environmental goods and services.  

USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark and Policy and Program Assistant Ashley Harrington led the USCIB delegation, facilitating meetings with WTO officials including WTO Deputy Director General Angela Ellard, Director of the WTO Trade and Environment Division Hoe Lim, issue experts from the U.S. Mission to the WTO and trade officials at the International Organization of Employers (IOE). Members immersed in detailed exchanges on the aforementioend concerns and also explored areas for industry inputs on circularity, environmental goods, climate mitigation, and plastics as part of the Trade and Environmental Sustainability Structured Discussions (TESSD). 

L-R: Ashley Harrington and Alice Slayton Clark

Clark and Harrington activeily pariticipated in multi-association meetings with WTO Director General Ngozi Okonjo-Iweala on WTO reform and key issues being advanced as deliverables for the 13th Ministerial Conference (MC13) in February 2024, as well as with ambassadors from Thailand, Vietnam and Singapore on semiconductor and digital technology concerns. Collaborations culminated in a joint U.S. industry reception at the WTO where scores of officials from WTO missions, policy experts and member companies gathered for an evening of networking and fun. 

Another treat for USCIB members in Geneva was the semi-annual meeting of the International Chamber of Commerce’s (ICC) Trade and Investment Policy Commission, where they were briefed by myriad WTO ambassadors and officials on the outlook for MC13 and interacted with the various ICC national committee representatives from around the globe. This all occured amid the backdrop of the WTO Public Forum, showcasing 134 panel discussion on how trade can contribute to a greener and more sustainable future.   

“USCIB delivered excellent engagement opportunities during these meetings, advocating positions and discussing creative solutions for the top concerns of our members,” said Clark. “We remain a determined voice for business and industry at the WTO and will continue to highlight policy issues that are important to our members and advance industry’s positions in multilateral discussions.” 

USCIB Advances Priorities for OECD Accession Candidate Countries

Published on August 16, 2023

We’re pleased to share USCIB’s updated advocacy paper outlining the market access concerns that USCIB members have identified as priorities for the OECD accession candidates. The paper has been shared with key policymakers in Paris and Washington, DC, to use in leveraging policy reforms. Visit our dedicated page on OECD activities for any upcoming updates.

The document outlines policy changes members would like adopted by the five OECD candidates – Brazil, Peru, Bulgaria, Croatia and Romania – in areas such as agriculture, chemicals, regulatory reform, intellectual property and tax. Laws, regulations and practices in Brazil draw the most attention from members because of their large market impact, noted Alice Slayton Clark, VP for International Investment and Trade Policy. Specifically, members are seeking policy reform in Brazil with respect to connectivity in rural areas, digitalization of trade, regulatory streamlining, restrictive government pricing, and regressive taxes on medicines, among other concerns.

The OECD accession process will be rigorous and time consuming; nations that do not follow-through on specified policy reforms will not be invited to accede. As such, this provides an excellent opportunity for USCIB member companies to seek resolution to some of the most difficult impediments to trade and investment in accession countries, noted Clark. As the US national committee to Business at OECD, USCIB is in a unique position to directly influence all parties involved.

USCIB thanks the many members who contributed to the advocacy paper to ensure USCIB’s early input into this important process.

USCIB Joins Industry in Statement Supporting Digital Trade in Africa

Published on August 2, 2023

USCIB joined 11 other industry associations to urge negotiators to develop comprehensive and in-depth pan-African digital trade commitments for the African Continental Free Trade Area (AfCFTA).

According to the statement, Africa is positioned to become a global leader in developing global transformation opportunities across a multitude of sectors. In order to facilitate this, access to the global digital economy must be a key part of the continent’s strategy for growth and development. A digital transformation for Africa will improve innovation, facilitate job creation, and ease efforts for achieving equity, particularly for micro/small/medium-sized enterprises (MSMEs). The continent holds an enormous market for job opportunities that incorporate emerging digital technologies, and facilitating this transition through the removal of infrastructure barriers is crucial.

The statement calls for “proactive efforts by African leaders” to support clear digital trade rules for the AfCFTA and demands a steady commitment to the digital transformation by implementing these rules in an efficient manner. Specifically, USCIB and industry leaders urge that AfCFTA establishes a moratorium on tariffs and customs formalities for electronic transmissions, prohibits restrictions on the cross-border flow of data and forced localization of computing facilities and implements transparent and accountable regulatory practices for digital trade.

USCIB encourages African leaders to support growth on the continent by implementing clear and strong digital trade rules that are founded on best practices and supported by a commitment to transparency and digital innovation.

The full statement can be found here.

USCIB Invited to Participate in Review of Investment Contracts at UNIDROIT

Published on July 19, 2023

USCIB has been invited to participate in a new workstream to develop guidance for modernization and standardization of international investment contracts.

The International Institute for the Unification of Private Law (UNIDROIT) and the International Chamber of Commerce’s Institute of World Business Law (ICC Institute) have launched a Working Group on International Investment Contracts. The Working Group will explore not only the interaction between the UNIDROIT Principles of International Commercial Contracts and common provisions in international investment contracts, but also recent developments in international investment law, such as the increasing focus on corporate social responsibility and sustainability. USCIB member Lauren Mandell, USCIB General Counsel Nancy Thevenin, and USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark will serve as official observers.

“This complements the work that USCIB is undertaking as a non-governmental delegate to Working Group III of the UN Commission on International Trade Law (UNCITRAL), which is negotiating reforms to the investor state dispute settlement process,” said Clark.

According to Clark, by participating in the UNIDROIT-ICC process, USCIB demonstrates its commitment to ensuring that business interests are advanced as the world reevaluates how to address investor rights in laws and practices. “While investment contracts currently are uncommon outside of concession contracts in fields like energy and infrastructure, they may become more important as some nations turn away from ISDS,” added Clark.

The first Working Group session will take place October 23-25, 2023, at the UNIDROIT headquarters in Rome, Italy.

USCIB Welcomes New Leadership at Business at OECD

Published on July 11, 2023

USCIB extends its hearty congratulations to the newly appointed policy group leadership at Business at OECD (BIAC), including representatives from many USCIB member companies:

Sahra English from Citi will serve as vice chair of the Finance Committee at BIAC. At Citi, English is responsible for policy development and advocacy strategy on a broad range of international trade and investment issues, and has ample experience in strategic communications, public policy and global business administration.

The BIAC Finance Committee contributes private sector expertise and perspectives to OECD finance-related activities, including its work to support the G20, in order to develop a strong and sustainable global financial system.

Susan Wilson from Intel Corp. will serve as a vice chair of the BIAC Anti-Illicit Trade Expert Group (AITEG). At Intel, Wilson serves as director for Intellectual Property Policy. Wilson has extensive experience in intellectual property policy in both the public and private sectors, having had a 31-year career in public service.

Also appointed as a vice chair of the AITEG is Monica Ramirez from AB In-Bev. At AB In-Bev, Ramirez serves as global director for Corporate Affairs. Ramirez’s work in fighting illicit trade spans more than twelve years and she has played a key role in developing and promoting markets globally.

The AITEG, which is composed of BIAC and BIAC network participants, supports the evidence-based work of the OECD on countering illicit trade. Previously, this work was under the Task Force for Countering Illicit Trade (TF-CIT), which is transitioning to a Working Party of the OECD Trade Committee. The Group provides business leadership and market insights on OECD policy drafts in order to address illicit activities.

Finally, USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark will serve as vice chair of the BIAC Trade Committee. Clark brings with her extensive experience in trade policy, having worked in a number of international law firms and consulting practices, as well as on Capitol Hill.

“We are thrilled that BIAC acknowledges the value and expertise of our members and staff and has recognized their commitment to global policy making and multilateralism by appointing them in these leadership positions,” said USCIB President and CEO Peter Robinson.

More information on Business at OECD (BIAC).

Robinson Covers BIAC General Assembly and OECD Ministerial Council Meetings

Published on June 21, 2023

USCIB President and CEO Peter Robinson traveled to Paris earlier this month for the Business at OECD (BIAC) General Assembly and the OECD Ministerial Council. 

According to Robinson, one focus of the General Assembly was the release of its 2023 Economic Policy Survey, which revealed cautious but slightly optimistic business sentiment despite a tumultuous year.  

As per the survey, 57% of the responding national business federations from BIAC’s network regard the current business environment as “good”, compared to only 10% in the previous year. However, business concerns remain significant about energy prices (83%), food prices (61%) and overall geopolitical tensions (62%), and key challenges for companies include staff shortages (80%), increased cost of human resources (55%), and market uncertainty (57%).  

BIAC shared these results and the Economic Policy Survey with the OECD during the June 7-8 OECD Ministerial Council. The Ministerial was held under the theme, Securing a Resilient Future: Shared Values and Global Partnerships. BIAC’s insights included business concerns about the war in Ukraine, which has exacerbated inflation rate developments, labor shortages and energy prices. BIAC also raises concerns about supply chains disruptions, the need for structural reforms around infrastructure, digitalization, regulatory burdens and green transition. 

The Ministerial took place amid persistent tension in world affairs, including Russia’s illegal war in the Ukraine, which has resulted in insurmountable human suffering in the Ukraine, as well as humanitarian and economic crises globally. Additionally, economies around the globe continue to face challenges following the COVID-19 pandemic and compounding challenges around climate change. 

“In light of these persistent challenges in the international system, we cannot underestimate the importance of multilateral cooperation,” said Robinson. “USCIB will continue working with the OECD, through Business at OECD, to support our common values and a rules-based order, overcome shared obstacles, and achieve societal and economic progress.” 

For more information on BIAC and the OECD Ministerial Council, please see the links below: 

BIAC Statement to the OECD on Securing a Resilient Future: Shared Values and Global Partnerships 

2023 Business at OECD Economic Policy Survey 

BIAC Year Highlights: How We Delivered Value to Our Members (May 2022-May 2023) 

Business at OECD Releases Statement Ahead of OECD Ministerial Council

Published on June 7, 2023

The OECD Ministerial Council is taking place June 7-8 under the theme, Securing a Resilient Future: Shared Values and Global Partnerships. In light of the Ministerial, Business at OECD (BIAC) has released a statement to the OECD with insights drawn from the forthcoming 2023 Business at OECD Economic Policy Survey. Some of the themes addressed in BIAC’s insights include business concerns about the war in Ukraine, which has exacerbated inflation rate developments, labor shortages and energy prices. BIAC also raises concerns about supply chains disruptions, the need for structural reforms around infrastructure, digitalization, regulatory burdens and green transition.

The Ministerial is taking place amid persistent tension in world affairs, including Russia’s illegal war in the Ukraine, which has resulted in insurmountable human suffering in the Ukraine, as well as humanitarian and economic crises globally. Additionally, economies around the globe continue to face challenges following the COVID-19 pandemic and challenges around climate change.

BIAC’s statement emphasizes that this “unsettled world order requires an ever-greater capacity and commitment to multilateral cooperation and collective progress on these common fronts. The engine of societal progress, the world economy, has been paying a high price for an increasingly unstable rules-based international system, and the past year has been challenging for many businesses. The OECD private sector remains committed to defend our common values and rules-based order and continues to support effective government action towards these goals.”

According to BIAC, in the current context, the success of our economies relies on successful diplomacy, meaningful international cooperation and effective multilateralism in support of pragmatic policies.

For more information, please see the links below:

BIAC Statement to the OECD on Securing a Resilient Future: Shared Values and Global Partnerships

2023 Business at OECD Economic Policy Survey

BIAC Year Highlights: How We Delivered Value to Our Members (May 2022-May 2023)

USCIB Participates in US-EU Trade and Technology Council Meeting in Sweden

Published on June 7, 2023

USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark was in Luleå, Sweden to attend the fourth meeting of the U.S.-EU Trade and Technology Council (TTC), a platform to advance Transatlantic cooperation and democratic approaches to trade, technology, and security.   

An official delegate, Clark served as a principal in the TTC’s Trade and Labor Dialogue (TALD), a selective exchange between business and unions on both sides of the Atlantic to explore policies related to the intersection of trade, labor and technology. The meeting in Luleå showcased an agreement on forced labor trade strategy principles reached between business and labor partners. The principles reflect inputs from USCIB members on the need for a “multifaceted” approach involving diplomacy, foreign assistance, capacity building, and supply chain due diligence to address the root causes of the problem. Because industry and unions could not reach agreement on the role of border enforcement as a trade tool, footnotes were inserted to reflect differences. 

“USCIB is pleased business and unions were able to agree through the TALD process on principles to address forced labor,” Clark asserted.  “Importantly, the document notes industry support for incentives rather than punitive border measures as trade tools of choice to prevent violative goods from being produced and entering into commerce in the first place.”    

Also discussed by TALD participants were trade and labor issues linked to the green transition, a topic of key concern to the US and EU and showcased in official visits to the green steel Hybrit plant in Luleå. USCIB initial views on the topic promoted a comprehensive strategy of trade, investment, education and training policies. USCIB will work with members to develop these points as the TALD green transition discussions continue in the months ahead.   

Importantly, the TTC meeting also produced a Joint Statement that reaffirms transatlantic alignment on the war in Ukraine, reform of the World Trade Organization, policies against economic coercion and pursuit of supply chain diversification. Many issues discussed at the meeting reflect transatlantic convergence on policies related to Russia and China. As such, according to Clark, the TTC continues to draw high level government participation including full engagement from U.S. Secretary of State Antony Blinken, Secretary of Commerce Gina Raimondo, U.S. Trade Representative Katherine Tai, European Commission Executive Vice President Valdis Dombrovskis and European Commission Executive Vice President Margreth Vestager.     

Other key issues advanced in Luleå were the launch of principal level consultations to head off subsidy races for the semiconductor industry, a task force to address cooperation in quantum technologies, the development of a work program for the Transatlantic Initiative on Sustainable Trade, exploration of increased use of digital tools to enhance trade, continued cooperation on export controls, illegal diversion of technologies and sanctions, availability of critical minerals, and managing emerging technologies, such as Artificial Intelligence. 

Robinson Joins BIAC’s London Consultation in Advance of 2023 OECD Ministerial Meeting

Published on May 25, 2023

USCIB President and CEO Peter Robinson joined Business at OECD (BIAC) Chair and USCIB Vice Chair Rick Johnston (Citi Group) in London for the annual BIAC/TUAC (Trade Union Advisory Committee) and OECD consultation with the Chair government of the OECD Ministerial—this year being the UK government. The consultation, aimed at preparing for the 2023 OECD Ministerial meeting, was held at the Foreign, Commonwealth & Development Office (Whitehall).

Hanni Rosenbaum (Business at OECD) and Peter Robinson (USCIB)

The high-level BIAC and TUAC delegations, representing OECD’s key institutional stakeholders, met with the OECD Ministerial Council Bureau and leadership, including UK Minister of State for Indo-Pacific the Rt. Hon. Anne-Marie Trevelyan and OECD Secretary General Mathias Cormann. This session provided a critical opportunity to provide targeted input to the Ministerial agenda, share business priorities and help guide expected key deliverables.

The annual OECD Ministerial will take place on June 7-8 in Paris under the theme “Securing a Resilient Future: Shared Values and Global Partnerships.” The Ministerial will convene Ministers of Economy, Foreign Affairs and Trade from OECD countries and beyond.

Robinson with ICC UK and ICC Germany Secretary Generals

While in London, Robinson met separately with ICC UK Secretary General Chris Southworth and staff, together with ICC Germany Secretary General Oliver Wieck, who was also in town. The three ICC National Committee heads discussed ICC activities and priorities, including the Digital Standards Initiative.