Customs and Trade Facilitation

Trends and Challenges in Customs:

  • Unnecessary and burdensome barriers to trade can cost companies and national economies billions of dollars.
  • Global convergence and modernization of customs practices are necessary for efficient supply chains.
  • Trade facilitation and robust implementation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) are critical to members of the trade. The TFA promises to streamline customs processes and procedures, provide increased transparency, predictability, and speed the movement of goods across borders around the world.

 

USCIB Meets With WCO Secretary-General Elect Ian Saunders (2023)

USCIB is committed to pursuing a broad trade and customs agenda in 2023. The USCIB Customs and Trade Facilitation Committee (CTFC) promotes elimination of trade barriers and harmonization of global customs and border procedures and focuses on supporting the expedited cost-effective movement of goods across borders in full compliance with import requirements.

USCIB Meets With WCO Secretary-General Dr. Kunio Mikuriya (2019)

Current Priorities:

(alphabetical)

  • Classification, valuation, origin: at the domestic and international level (WTO and WCO, as applicable) ensuring industry engagement and issue resolution
  • CTPAT/Trusted Trader, Minimum Security Criteria (MSC), Mutual Recognition, and WCO Safe Framework
  • Customs and TF Provisions of U.S. Free Trade Agreements, securing a better outcome for customs and TF provisions as well as ensuring compliance
  • Customs Modernization, guidance and direction on 21st Century Customs environment
  • Digitalization including a focus on Customs Data – Confidential Business Information, Data Protection, Data Sharing and Interoperability of Single Windows, protecting CBI and ensuring necessary protections are in place
  • E-Commerce in the Customs space, focused on the cross-border movement of physical goods acquired via any online means (e.g., WCO E-Commerce FoS)
  • Expedited and full implementation of the WTO Trade Facilitation Agreement
  • Forced labor: (Section 307, UFLPA, etc.), guidance and direction
  • Green Customs, providing a thoughtful prioritization in the customs space

USCIB’s Response:

  • Provide thoughtful and focused U.S. domestic and international recommendations on Customs and Trade Facilitation matters including, but not limited to, customs modernization, forced labor, digitalization and confidential business information (CBI) protections,  customs classification, and customs valuation. Represent ICC as authorized representatives to the  WCO Harmonized System Committee (HSC) and Review Subcommittee (RSC) meetings.
  • Advocate for our members in efforts to secure the global classification of products at WCO.
  • Advocate for full (robust) and expedited l implementation of the WTO Trade Facilitation Agreement (TFA).
  • Work in collaboration with U.S. agencies on customs and TF matters before the WTO, including (USG) on humanitarian cargo /shipments at the WTO Committee on TF, and matters before the Committee on Customs Valuation.
  • Advance thoughtful consensus, member-supported, comments which often take into consideration potential implementation issues and/or unintended consequences on such key issues as Customs matters in the crisis environments (e.g., COVID, natural disasters, etc) , Customs and Trade Facilitation provisions in FTAs, forced labor, domestic and international e-commerce efforts in the customs space related to physical goods movement (e.g., WCO Framework of Standards).
  • Advocate for business on issues such as customs modernization,  customs classification and valuation, forced labor, green customs, non-application of customs formalities to electronic transmissions, and more. Leverage participation in government advisory groups (e.g., ITAC13– Customs and Trade Facilitation, COAC 21 CCF Task Force) to raise member issues of interest and member consensus inputs on Committee priority topics.
  • Meet with U.S. government officials at the key agencies of  Department of Commerce, Department of Homeland Security, U.S. Customs and Border Protection, Office of the U.S. Trade Representative, Department of Treasury, and Department of State to ensure that U.S. business interests are well reflected in U.S. government positions.
  • Promote the reduction of trade barriers and transaction costs at the border, as well as in customs control practices and advocates for the harmonization of global customs procedures by leveraging various fora and government agencies

Magnifying Your Voice with USCIB:

  • USCIB is the only U.S. business association formally affiliated with the world’s three largest business organizations where we work with business leaders across the globe to extend our reach to influence policymakers in key international markets to American business
  • Build consensus with like-minded industry peers and participate in off-the-record briefings with policymakers both home and abroad.

USCIB on LinkedIn

Positions and Statements

USCIB Welcomes Senate’s Unanimous Confirmation Vote on USTR Tai (3/18/2021) - USCIB salutes the Senate for its unanimous vote on March 17 to confirm Katherine Tai as the next U.S. Trade…
USCIB Announces 2021 Priority Issues for Asia-Pacific Economic Cooperation (APEC) (1/6/2021) - Washington D.C., January 5, 2020 — The United States Council for International Business (USCIB), which represents many of America’s leading…

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News Stories

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…
The 13th WTO Ministerial Conference Falls Short But Delivers Some Wins for Industry - Renewal of e-commerce moratorium and intellectual property rights secured New York, N.Y., March 04, 2024—The United States Council for International…

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Press Releases

The 13th WTO Ministerial Conference Falls Short But Delivers Some Wins for Industry (3/5/2024) - Renewal of e-commerce moratorium and intellectual property rights secured New York, N.Y., March 04, 2024—The United States Council for International…
USCIB Helps Facilitate First Digital ATA Carnet at JFK Airport (2/21/2024) - New York, N.Y., February 21, 2024—The United States Council for International Business (USCIB), the National Guaranteeing Association (NGA) and Issuing…

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Op-Eds and Speeches

Donnelly Co-Authors Op-Ed in The Hill on Commercial Diplomacy (2/3/2021) - USCIB Senior Advisor Shaun Donnelly and his longtime State Department colleague Ambassador (ret.) Tony Wayne recently co-wrote an op-ed in…
Op-Ed: Business Must Come Together to Respond to COVID-19 Now (3/30/2020) - Earlier this month, nearly 500 experts in public health, law and human rights wrote an open letter to U.S Vice…

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Chair

Michelle Welsh
Senior Counsel
Global Trade Compliance Legal
Google, Inc.

Staff

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

Staff

Ashley Harrington
Policy & Program Assistant, Washington
202-682-5861 or aharrington@uscib.org

 

USCIB Customs and Trade Facilitation Committee Meets in Chicago

USCIB held its Customs and Trade Facilitation Committee (CFTC) meeting at Google’s Chicago offices on May 16. 

The meeting, which was attended by USCIB members and staff, included a robust agenda. 

According to USCIB Senior Director for Customs and Trade Facilitation Megan Giblin, members were updated on and discussed the work of the ICC Customs and Trade Facilitation Commission. Topics addressed included the ICC’s paper on transboundary waste for recovery, 21 CCF/ Customs Modernization, Forced Labor, the Green Trade Innovation and Incentives Forum scheduled for July 11th and related CBP Federal Register Notice call for comments as well as other priority CFT topics.  

The Committee also received updates on the work of both the World Trade Organization (WT0) and the World Customs Organization (WCO). Regarding the WTO, updates included work undertaken by the WTO Committee on Trade Facilitation, such as those pertaining to, for example, Indonesia Regulation 190 and humanitarian cargo / shipments. WCO matters included the upcoming Secretary General (SG) election, discussion on recent and upcoming meetings in the technical classification and valuation space. 

Following the meeting, Google hosted an outdoor, rooftop, networking reception.  

USCIB Hosts US Focused Illicit-Trade in Counterfeits Dialogue at OECD Washington Center

Left to right: David Luna (USCIB & Business at OECD), Megan Giblin (USCIB), Piotr Stryszowski (OECD)

The USCIB Anti-Illicit Trade Committee (AITC), in coordination with the Business at OECD (BIAC) Anti-Illicit Trade Expert Group (AITEG) and the OECD Task Force on Countering Illicit Trade (TF-CIT), hosted an informal U.S. focused dialogue entitled, “The challenges of illicit trade in counterfeits for e-commerce: Towards a global, voluntary standard for online marketplaces to counter illicit trade in counterfeits” on July 26 at the OECD Washington Center. According to USCIB Director for Customs and Trade Facilitation Megan Giblin, the dialogue was robust and the meeting was extremely well attended with representatives joining from both OECD member governments, the European Commission, private sector and several U.S. federal agencies, such as the Department of Homeland Security (DHS), the National Intellectual Property Rights Coordination Center (IPRCenter), Customs and Border Protection (CBP), the Patent and Trademark Office (PTO) and the U.S. Trade Representative (USTR).

According to Giblin, to address the risk of illicit trade in counterfeit goods in e-commerce, the OECD TF-CIT, in partnership with AITEG, has been carrying out a comprehensive, multi-phase project to provide additional structure, evidence, analysis and policy recommendations to inform policy-making communities about the continued challenge of counterfeits for e-commerce. Phase 1 of the project, undertaken and completed in 2021, involved a series of joint expert webinars organized between the TF-CIT and the BIAC AITEG that informed the development of a Final Report: E-Commerce Challenges in Illicit Trade in Fakes, Governance Frameworks and Best Practices. Among its conclusions, the report recommends that future work (phases) be focused on “the establishment of industry-led best practices, solutions, including the development of voluntary codes of conduct to enable online-marketplaces and other industry intermediaries and sectors to distinguish themselves with standards of excellence.” Phase 2 of the project is set to begin in Fall 2022, during which the TF-CIT will continue to collect and analyse existing industry best practices to inform the possible future development of a voluntary Code of Conduct for Online Marketplaces to Counter Illicit Trade in Counterfeits.

USCIB members were joined by key U.S. public and private sector stakeholders to discuss this project, take stock of existing U.S. anti-counterfeiting best practices, and identify possible next steps.  The TF-CIT Secretariat provided an update on the key findings from the first phase of the project and an overview of how current OECD initiatives serve as a model for this work, especially the recent development of a Certification framework and Code of Conduct for the Free Trade Zones (FTZs). Participants reviewed existing U.S. and EU best practices to counter illicit trade in counterfeits, identified knowledge gaps required to further research, tasks, milestones and deadlines associated with this project.

Building on the success from our Phase I joint E-Commerce project on the illicit trade, our members are keen to continue to actively participate in this important OECD initiative by sharing, voluntarily,  information and market data insights, best practices, and other industry perspectives to shed greater light on the booming trade of counterfeits across global supply chains and online marketplaces, and that leads towards more effective law enforcement and judicial action against criminals and fraudsters,” said David M. Luna, chair of both USCIB AITC and BIAC AITEG.

“USCIB was pleased to co-host this important informal discussion with BIAC, the OECD TF-CIT, and the OECD Washington Centre,” Luna added. “USCIB is committed to working with BIAC and OECD TF-CIT on critical PPPs, including FTZ implementation, Phase 2 E-Commerce, among others. We believe the FTZ model may serve as a general model for work in other areas, including E-Commerce and illicit trade in counterfeits.”

For more information about the USCIB Anti-Illicit Trade Committee and/or the USCIB AIT Fund, please contact Megan Giblin at mgiblin@uscib.org.

USCIB Members Meet With USCTOC Director of the Strategic Division James (JC) Collins

James (JC) Collins in USCIB’s Washington DC office

USCIB hosted James (JC) Collins, director of the strategic division of the United States Council on Transnational Organized Crime (USCTOC) for a hybrid discussion with USCIB members to introduce Collins to the work that USCIB does in the areas of illicit-trade, customs, trade and investment, as well as intellectual property.

 

On December 15, 2021, the White House issued the Executive Order on Establishing the USCTOC.  The USCTOC is comprised of the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security and the Director of National Intelligence Strategic Division. The Strategic Division produces coordinated strategic plans for whole-of government Counter-Transnational Organized Crime efforts in support of and in alignment with policy priorities established by the President of the United States through the National Security Council.

 

“USCIB, through its relevant committees, looks forward to collaboration with USCTOC and to advance innovative public-private partnerships to counter illicit trade and organized crime that impact the integrity of American businesses, markets and global supply chains”, said David M. Luna, USCIB Anti-Illicit Trade Committee (AITC) chair.  “We commend President Biden and his administration for their commitment to elevate these pernicious threats to U.S. national security, and applaud USCTOC’s leadership to partner with businesses to join forces across sectors to build capacities, resiliency, and cross-border cooperation to reduce the harmful effects of transnational crime and kleptocracy to our homeland and economy.”

USCIB Supports OECD’s Launch of Report on ‘E-Commerce Challenges in Illicit Trade in Fakes’

USCIB Anti Illicit Trade Committee (AITC) Chair David Luna, who also chairs the Business at OECD (BIAC) Anti-Illicit Trade Expert Group (AITEG), made remarks at the December 13 launch of the OECD report “E-commerce challenges in illicit trade in fakes.” The launch of the report took place at the U.S. Department of Homeland Security’s National IPR Coordination Center in Virginia. This important report is also the first outcome of a Special Project on illicit trade between the AITEG and the dynamic public-private partnership (PPP) established under the OECD Task Force on Countering Illicit Trade (TF-CIT).

“On behalf of Business at OECD, we are especially proud to have actively participated in the work leading up to this final report through sharing information and market data insights, best practices, and other industry perspectives to shed greater light on the booming trade of counterfeits across global supply chains and online marketplaces,” said Luna.

“We believe it is crucial to take into account the input from private sector since it ultimately contributes to gain a more detailed perspective of the adverse impacts emerging from illicit trade in e-commerce,” he added.

“USCIB is the U.S. affiliate of Business at OECD (BIAC), the industry voice of the OECD. USCIB members Pfizer, Amazon, eBay, Walmart, Nike, Walt Disney, ABinBev, PMI and The U.S. Chamber of Commerce’s Global Innovation Policy Canter (GIPC) have been active in the BIAC AITEG and the good work of the TF-CIT tied to COVID, e-Commerce, and more,” said Megan M. Giblin, USICB director of customs and trade facilitation, and trade policy manager for USCIB AIT work.

Luna added that many other BIAC federations and partners worked on these important thematic streams in recent years, especially during the COVID-19 pandemic.

According to Luna, the report is timely given the breadth and scale of nefarious actors and criminal networks exploitation of the openness of the internet and anonymity of transactions on e-commerce to evade detection and circumvent law enforcement to distribute and trade in counterfeit and pirated goods, and other illicit goods and contraband, across the digital world. The pandemic has further accelerated illicit trade but especially across online platforms including fraudulent COVID-19 related products.

“As we learned through our series of TF-CIT webinars over the past year, COVID-19 also created unprecedented opportunities for criminals to increase their already significant illicit activities, such as counterfeit pharmaceutical products and personal protective equipment (PPE), frauds, and coronavirus-phishing scams. Illicit trade has further hampered economic development by preventing the equitable distribution of resources that provide for sustainable futures,” said Luna. “Moving forward, the AITEG remains committed to continuing our partnership with the TF-CIT on Phase 2 of the E-Commerce project including more in-depth analyses of the institutional and governance gaps exploited by criminals, and encouragement of more national assessments and country studies.”

Giblin noted that USCIB and its members look forward to continued work with the BIAC AITEG in support of the OECD TF-CIT work streams.

OECD Concludes Final Workshop on Illicit Trade in E-Commerce Series

The OECD Task Force on Countering Illicit Trade (TF-CIT) recently concluded the third and final workshop in their “Project on Illicit Trade in E-Commerce” series, focusing on the experiences of online platform operators in combatting counterfeiting. Business at OECD Anti-Illicit Trade Expert Group (AITEG) supported these workshops as part of the new public-private partnership with TF-CIT.

USCIB Anti-Illicit Trade Committee Chair David Luna, joined by, among others, USCIB members from Amazon, eBay and Walmart, used this workshop to express their concerns and ongoing approaches towards combating illicit trade, as well as, possible ways forward, including companies’ online platforms planning to make better use of Artificial Intelligence (AI), for example, with regards to improved authentication programs and a greater focus on addressing intellectual property fraud. USCIB members highlighted that to counter illicit trade more effectively, closer partnerships within the business community are essential and stressed that collaboration with public authorities, as well as business chambers and associations should be enhanced.

“As the Business at OECD AITEG Chair, I applaud our new partnership with the OECD Task Force on Countering Illicit Trade (TF-CIT),” said Luna, “and I commend our members for their commitment to work through public-private partnerships to help fight illicit trade across the digital world. Together through collective action, information-sharing, and best practices, we can proactively target today’s online nefarious actors and criminal networks involved in the trafficking in counterfeit and pirated goods.”

As this was the final workshop on illicit trade in e-commerce, the OECD TF-CIT has created a website dedicated to this project available here.

USCIB Member Appointed to Leadership Role in ICC Commission on Customs and Trade Facilitation

John Bescec, Microsoft

The International Chamber of Commerce (ICC) Commission on Customs and Trade Facilitation has announced that Microsoft’s John Bescec has been appointed as new chair of the commission. Bescec is currently a vice chair of the USCIB Customs and Trade Facilitation Committee (CTFC) and a director of Customs and Trade Affairs at Microsoft.

“We are delighted to advise that ICC Secretary General John W.H. Denton has appointed new officers of the ICC Commission on Customs and Trade Facilitation,” said ICC Global Policy Director Andrew Wilson. “Together with the ICC HQ team, the officers will form a new Steering Group for the Commission to guide our work to tackle customs frictions globally — including our engagement with the World Customs Organization.”

Bescec, who is based in Canada and represents Microsoft at both USCIB and ICC – Canada, was jointly nominated for the position by USCIB and ICC-Canada. He will be stepping down as vice chair of the USCIB Committee to focus his efforts on the ICC Commission.

USCIB thanks Bescec for his leadership commitments and looks forward to actively working with him and the newly appointed ICC Commission Vice Chairs, who include Irina Kitiashvili, chief operating officer, IDS Borjomi Beverages (Georgia), Mahmut Kobal, group head of customs and international trade, Beiersdorf (Germany), Karen Poujade, group customs director, Alstom (France), Anil Rajput, senior vice president of corporate affairs, ITC Ltd (India), Alejandro Terzián, head of the Center of Excellence for International Trade and Customs Compliance, Bayer LATAM (Argentina).

“Working with the new leadership group, we will take the opportunity to assess specific areas of engagement in the coming weeks — including the status and mandates of existing working groups within the Commission’s remit,” added Wilson.

APEC Workshop Discusses COVID-19 Lessons for Customs and Trade Facilitation

In partnership with the New Zealand Customs Service, the Asia Pacific Economic Cooperation (APEC) Sub-Committee on Customs Procedures (SCCP) held a virtual workshop as part of their recently endorsed project “Customs Response to COVID-19 Trade Recovery: Lessons Learnt and Future Opportunities.”

USCIB Director, Customs and Trade Facilitation Megan Giblin, joined by, among others, customs officials of APEC economies, as well as customs experts from the private sector and international organizations, used this workshop to examine and reflect upon trade facilitation issues during the COVID-19 pandemic including challenges, best practices and how to continue forward.

“I emphasized the work done to assist USCIB members and document the barriers they faced at international borders during COVID. I also highlighted our Customs and Trade Facilitation COVID Recommendations and core priorities in our 2021 APEC Policy Priorities Paper, which have been shared with economies and organizations,” said Giblin.  “Many of the hurdles faced during COVID could have been reduced or eliminated through robust and accelerated implementation of TFA commitments.”

Giblin also expressed the importance and helpfulness of U.S. Customs and Border Protection (CBP) communications approach with members of the trade community, from standing calls to consolidated websites, updates and intake portal to engaging directly on concerns in the COVID environment and encouraging other economies to adopt these practices, which should be seen as best practices. Additionally, Giblin applauded the approach taken by other U.S. government agencies in providing consolidated information and aiding in separating fact from rumor during this critical time.

She also continued to raise awareness on the recent WTO communication entitled, “Supporting the Timely and Efficient Release of Global Goods Through Accelerated Implementation of the WTO Trade Facilitation Agreement.”

“About half of the APEC economies have already become co-sponsors of the communication and USCIB encourages all others to become co-sponsors as well,” added Giblin.

USCIB Members Present at USTR Webinar on WTO Trade Facilitation Agreement

In partnership with the United States Trade Representative (USTR), USCIB and NTFC collaborated on a webinar related to the accelerated implementation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) for the Committee on Trade Facilitation at the WTO.

At the core of the May 27 event was the communication that has been co-sponsored by nineteen countries, including two new co-sponsors North Macedonia and Switzerland: Australia; Brazil; Canada; Colombia; European Union; Iceland; Japan; Republic of Korea; Mexico; New Zealand; Norway; Singapore; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; Turkey; United Kingdom and the United States, all of which “support the timely and efficient release of global goods through accelerated implementation of the WTO Trade Facilitation Agreement (TFA).” Linked to this communication is the U.S. and Norway communication to abolish consularization.

USCIB Director for Customs and Trade Facilitation Megan Giblin and private sector representatives from Amazon, Cargill, FedEx, and Intel, joined a responsive conversation about the importance of accelerating the implementation of the WTO TFA. According to Giblin, this was a great opportunity for USCIB members to share private sector experiences related to COVID and the need for accelerated implementation of the WTO TFA.

“The TFA, from negotiation to country implementation and all stages in between, has been a priority for USCIB,” said Giblin. “We are dedicated to robust implementation of the TFA down to the best practices, such as customs bonding (Article 7) and ATA Carnet (Article 10 – Temporary Admissions), that underpin the Articles of the Agreement.  Many of the hurdles faced during COVID, and many noted in our early recommendations, could have been reduced or eliminated through accelerated implementation of TFA commitments.”

“USCIB believes that the U.S. government-led webinar sets a high bar for other governments as these domestically focused private sector dialogues continue in the Committee on TF,” added Giblin.

USCIB calls on WTO Members to sign-on to both the communication for accelerated TFA implementation and communication related to the abolishment of consularization.

USCIB Provides Input to OECD Task Force on Countering Illicit Trade

Through Business at OECD (BIAC), USCIB recently had an opportunity to contribute to an OECD Task Force on Countering Illicit Trade Plenary Meeting. During the Plenary, the Chair of BIAC’s Anti-Illicit Trade Expert Group and Chair of USCIB’s Customs and Trade Facilitation Committee, David Luna, highlighted the significant impact of illicit trade on the economy, businesses and people’s welfare. Luna also stressed the importance of collaboration among all stakeholders, including public and private, to counter the significant risks posed by illicit trade.

Luna used this platform to officially announce the launch of a new partnership program with the OECD, which seeks to strengthen public-private sector collaboration on tackling illicit trade. The partnership will commence with a special project focused on “the challenges of illicit trade for e-commerce” and will soon be followed by another project on “illicit trade in high-risk areas at the time of Covid-19.”

The partnership is also looking into launching two additional potential projects on Maritime Transports and Free Trade Zones.