USCIB Acknowledges the G20 Finance Ministers Endorsement of the October Two-Pillar Global Tax Proposals

Washington D.C., October 13, 2021—The United States Council for International Business (USCIB) notes the endorsement by the G-20 Finance Ministers today of the OECD/G20 Inclusive Framework landmark deal announced on October 8. The deal, agreed by 136 countries, including the US, establishes a new framework for international tax reform represented by two distinct proposals or pillars. The two-pillar solution will be delivered to the G20 Leaders’ Summit in Rome at the end of the month while the intensive work on the design and drafting of the numerous parts of the deal continues into 2022.

“The OECD has once again reached a significant milestone on schedule and was able to add a handful of key countries into the fold of the deal agreement since July,” said USCIB Vice President and International Tax Counsel Rick Minor.

The October deal terms include a long list of technical work that must still be completed in relatively short order according to the OECD timeline. USCIB Tax Committee company members are positioned to directly advise the OECD drafting teams through its membership in the Business at OECD Taxation Committee. According to Minor, “putting aside the ambitious timelines through 2022, our members will be focused on the development of the design and details for key aspects of each of the pillars. With respect to Pillar One, this includes, but is not limited to, dispute prevention and resolution mechanisms, the tax liability rules, revenue sourcing, the marketing and distribution safe harbor and so-called Amount B. We are also mindful of the fact that the drafting of the Pillar Two rules is on a parallel path with the numerous GILTI deliberations in Congress this fall which arguably puts pressure on that process if there is no coordination in review.” USCIB will remain engaged in the OECD rule design process through Business at OECD and directly, through the appropriate engagement.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development, and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

Contact:

Rick Minor

VP and International Tax Counsel

rminor@uscib.org

USCIB at the UN General Assembly (UNGA76)

As another challenging United Nations General Assembly (UNGA76) got underway with a “hybrid” High-Level opening week, COVID-19 and challenges of climate change, biodiversity loss, energy access, food security and lack of adequate progress towards the UN Sustainable Development Goals (SDGs) loomed large. USCIB convened several events to highlight the essential role of business in inclusive multilateralism and, for the first time, USCIB Board Members and Trustees stepped into the spotlight and clearly state USCIB commitment from the top to deliver private sector expertise and innovation to international challenges.

UNGA76 set the stage for critical decision-point policy meetings in the next six-months: the OECD Council of Ministers, the Glasgow Climate Summit and the WTO Ministerial to name a few. These events brought together members, representatives of the UN system, governments and civil society to share ideas for productive ways to advance a sustainable and resilient recovery through collaborative public-private partnerships and strengthened enabling frameworks.

Below are events USCIB hosted with its global partners and members, indicative of continuous involvement of USCIB policy managers, senior leaders, and members at the UN in New York and in other important events on the margins of the GA, including the ICC SDG Business Forum, the Business Fights Poverty Global Goals Summit and several webinars organized by the International Organization of Employers (IOE).

USCIB Business Townhall at UN General Assembly Reaffirms Business’ Commitment to Tackling and Solving Global Challenges

September 20: On the margins of this week’s 76th United Nations General Assembly (UNGA), USCIB partnered with the International Organization of Employers (IOE) and Business at OECD (BIAC) to organize a virtual discussion titled “Reinvigorating Inclusive Multilateralism: A Business Townhall at UNGA76.”  This meeting was among the first organized by business to comment on the just issued UN Secretary General’s Report and vision for international cooperation, “Our Common Agenda.”

The meeting was dedicated to the memory of John Ruggie, former UN Special Envoy for Business and Human Rights, who recently passed away.

Participants from business and industry, the UN, governments, and civil society tuned into the session, which highlighted the critical role of the private sector in being able to achieve ‘Our Common Agenda,’ and particularly of the U.S. private sector in aligning with global business to respond to global challenges, and provide solutions working through inclusive multilateralism.

Read Full story here.

 

USCIB Hosts A Conversation About the Future of Food

September 21: On the eve of the UN Food Systems and Nutrition Summit, USCIB convened a virtual event—The Future of Food: A Conversation— with experts and practitioners from across societal, scientific, value chain and innovation perspectives. The event highlighted the need for and successful examples of innovation across the food and agriculture industry, the roles and relevance of collaborative approaches to innovation, and how shared value and understanding can hold the key to future opportunities. Facilitated by USCIB SVP for Innovation, Regulation, and Trade Brian Lowry, the event was convened around the premise that in order to feed a growing population within planetary boundaries—considering amount of global climate emissions linked to agriculture and food—leaders must rethink how food, and especially protein, is made and sourced. Transforming the food system is not a solitary task; industry must come together and find new ways to collaborate and partner, and new alternatives must be created in a complementary manner.

Expert speakers included USCIB member Dr. Randal Giroux of Cargill, Chair of  USCIB’s Food and Agriculture Committee, as well as Valerio Nannini, Novozymes general manager for Novozymes Advanced Proteins Solutions. Other experts included Christine Gould, founder and president of Food for Thought, and The Good Food Institute Vice President, Corporate Engagement Caroline Bushnell.

Read full story here.

USCIB Joins Global Coalition on Sustainable Productivity Growth for Food Security and Resource Conservation

September 23: UN Secretary-General Antonio Guterres convened a Food Systems Summit during the UN General Assembly (UNGA76). The Summit launched bold new actions as part of the UN’s Decade of Action to achieve the SDGs. The goal of the Summit was to transform the way the world produces, consumes and thinks about food within the context of the 2030 Agenda for Sustainable Development in order to meet the challenges of poverty, food security, malnutrition, population growth, climate change and natural resource degradation. During the Summit, the U.S. announced the formation of a global Coalition of Action on Sustainable Productivity Growth for Food Security and Resource Conservation (the SPG Coalition). The coalition will accelerate the transition to more sustainable food systems through agricultural productivity growth that optimizes sustainability across social, economic and environmental dimensions. The coalition will advance a holistic approach to productivity growth that considers impacts and tradeoffs among multiple objectives. USCIB has joined the SPG Coalition.

USCIB Meets With Ngozi to Enhance Synergies Between WTO and US Industry

U.S. Chamber of Commerce CEO and USCIB Trustee Suzanne Clark hosted a meeting of top U.S. trade association leaders on September 22 with World Trade Organization (WTO) Director General Dr. Ngozi Okonjo-Iweala in advance of the WTO ministerial meeting (MC12) in December. USCIB President and CEO Peter Robinson attended for USCIB, accompanied by Alice Slayton Clark, director of Investment, Trade and China. The intimate gathering provided an opportunity to enhance synergies and understanding between the WTO and U.S. industry, a goal for the new director general.

Dr. Ngozi repeated her continued concerns about the viability of the WTO, and the need to produce concrete results at the MC12 on fishery subsidies, food security, trade and health/access to vaccines, as well as the joint statement initiatives on e-commerce and services domestic regulations. Robinson noted the multifaceted challenges facing vaccine access, and urged reduction of trade and regulatory barriers to distribution and administration as the most important approach. He emphasized a letter USCIB sent to Dr. Ngozi this summer on this issue, co-signed by the Chamber and BusinessEurope, among others.

In addition, Robinson stressed USCIB interest in revitalizing and expanding negotiations on an environmental goods agreement that were sidelined in 2016 largely over concerns about the definition of products to be included. Other USCIB priorities were also raised during the meeting, including: concerns about industrial subsidies, dispute settlement procedures, and special and differential treatment; and support for the science of agricultural biotechnology and extension of the e-commerce moratorium. There was a good deal of consensus on many of these key issues among the participants.

Robinson also expressed support for the initiatives to work with the WTO in improving the global trading system that are underway in the three global business organizations with which USCIB is affiliated, International Chamber of Commerce (ICC), International Organization of Employers (IOE) and Business at OECD (BIAC).

USCIB’s member companies rely on the WTO as the multilateral forum for resolving trade disputes and expanding market access for selling goods and services overseas. It urges the Biden Administration to take a leadership role at the MC12 in reforming and updating the WTO so it can remain a viable source for trade adjudication and liberalization in the decades to come.

USCIB Event at UN General Assembly Reaffirms Business’ Commitment to Countering Global Challenges

Top: Brian Lowry (USCIB), Norine Kennedy (USCIB) Bottom: Michele Parmelee (Deloitte), Hans-Jorn Weddige (Business at OECD)

On the margins of this week’s 76th United Nations General Assembly (UNGA), USCIB partnered with the International Organization of Employers (IOE) and Business at OECD to organize a virtual discussion titledReinvigorating Inclusive Multilateralism: A Business Townhall at UNGA76.” The meeting was dedicated to the memory of John Ruggie, former UN Special Envoy for Business and Human Rights, who recently passed away.

Ester Baiget, Novozymes chief executive, and USCIB Trustee and Sustainability Champion, opened the event. “We must drive the change we want to see together,” said Baiget in her opening remarks.

Other USCIB Board members, namely Michele Parmelee (Deloitte) and John Frank (Microsoft), also served as speakers, on climate change, business and human rights, and on new ways for the business community to engage with and strengthen the effectiveness of the multilateral system en route to a sustainable and inclusive recovery.

UNGA76 convenes at a time of multiple challenges, which are putting the multilateral system to the test and raising questions about the resilience of the UN and such basic values of democracy, rule of law and inclusive societies. The event focused on three fireside chats, specifically aligning with key priorities of the President of the UN General Assembly —climate change and environment; human rights and business; pandemic response and recovery.

“UN Secretary General Antonio Guterres recently issued a report, ‘Our Common Agenda,’ clearly highlighting the need to reinvigorate multilateralism,” said USCIB President and CEO Peter Robinson. “Business is ready to work with the international community and contribute to ‘break throughs’ that protect people and planet.”

Participants from business and industry, the UN, governments, and civil society tuned into the session, which highlighted the critical role of the private sector in being able to achieve ‘Our Common Agenda,’ and particularly of the U.S. private sector in aligning with global business to respond to global challenges, and provide solutions working through inclusive multilateralism.

Speakers included:

Robin Ogilvy, OECD Special Representative and Permanent Observer to the UN

Matthias Thorns, IOE Deputy Secretary General

Dr. Scott Ratzan, Executive Director, Business Partners for Sustainable Development, an initiative of The USCIB Foundation

Larry O. Gostin, Georgetown University Law School

Fernando Ylanes Almanza President, Social Security Commission, CONCAMIN

USCIB President Peter Robinson Issues Statement Upon Death of Richard Trumka

Richard Trumka
Image Source: Alex Brandon/AP Photo

New York, N.Y., August 05, 2021—USCIB President and CEO Peter Robinson has issued the following statement upon the death of Richard Trumka:

“On behalf of USCIB and its member companies, I would like to extend our deepest sympathy to the family and colleagues of Richard Trumka. His dedication to the labor movement and the interests of American workers and their families has long earned him the respect and admiration of the business community.

“That dedication also extended to working people around the world. As the American member of Business at OECD (BIAC) and the International Organization of Employers (IOE), USCIB has been proud to work with Rich and the AFL-CIO in both the OECD and ILO, where we shared the common objective of ensuring that labor rights are respected internationally. Rich was a true global leader with whom we were privileged to work in partnership.”

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development, and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Meets With New OECD Secretary General Cormann on His First Official DC Visit

L-R: Kennedy, Robinson, SG Cormann, Johnston meet in the OECD Washington DC office in July 2021

USCIB members joined a first meeting and dialogue with OECD Secretary General Mathias Cormann, hosted by the U.S. Chamber of Commerce on July 21 in Washington DC. USCIB President and CEO Peter Robinson, and Citi Managing Director and Business at OECD (BIAC) Chair Charles R. Johnston, led the discussion, along with USCIB Board Member and Executive Vice President for International Affairs at the Chamber Myron Brilliant.

As the U.S. affiliate of and representative to BIAC, the official business spokes-organization to the OECD, USCIB values and engages with OECD on a wide range of cross-cutting issues. In light of the U.S. chairmanship of this year’s OECD Ministerial Council Meeting on October 5–6 in Paris, the meeting offered USCIB Committee Chairs and other active member representatives the opportunity to highlight their priorities for OECD’s policy recommendations.

SG Cormann described his leadership priorities for OECD, which center around restoring economic growth and recovery, including through multilateral trade. He highlighted the thought leadership role of the OECD in G7 and G20 discussions of a global corporate minimum tax rate. He also discussed the potential for OECD to contribute to a possible similar global conversation on carbon pricing and carbon border adjustment. Other topics covered included responsible business conduct; tackling illicit trade; and innovation and digital economy.

In his closing remarks, Robinson stated, “Imagine what could be accomplished if all multilateral institutions followed the OECD’s consultative model to work with business and co-create solutions to urgent challenges!”

Robinson thanked Cormann, and said that USCIB and the American business community are dedicated to working with OECD through BIAC to show the way through and past the pandemic on fundamentals like regulatory coherence and combatting corruption, as well as on emerging technologies and issues.

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 Mourns the Passing of Rob Mulligan

Rob Mulligan (right)
Left: Rick Johnston
Center: Peter Robinson

USCIB members, staff and our global network are mourning the passing on June 20 of Rob Mulligan, former senior vice president for policy and government affairs.

Rob joined USCIB in October 2010 as Senior Vice President, Washington and was promoted to Head of Policy in 2013. With his broad Washington experience, knowledge of trade and investment policy, sound judgement, and always constructive advice, he was a valuable leader in and contributor to our organization.

“Following his passing, we at USCIB have been impressed and inspired by the number and kinds of messages that have been received from so many different corners of the world, just as we have been sad to have to say farewell to our colleague Rob,” said USCIB President and CEO Peter Robinson. “We shall miss him.”

USCIB Board Member, Chair of USCIB’s Trade Committee and Business at OECD (BIAC) Chair Rick Johnston (Citibank) added: “Rob was a great friend and colleague in our DC international trade community—a real leader in helping us define and refine issues.”

Hanni Rosenbaum, BIAC Executive Director, noted “Having worked with Rob for many years, we will always remember him, his strong commitment to our common objectives and his courageous battle during his illness.”

Wilmer’s Lauren Mandell Speaks for Business on FDI Screening

Lauren Mandell

The OECD’s Investment Promotion Agency (IPA) Network organized seminars on the important issue of Government screening of inward Foreign Direct Investment (FDI) June 17 and 18. Lauren Mandell, special counsel at USCIB member law firm WilmerHale, was the sole business speaker at the opening session; other speakers were government investment promotion officials, regulators, and OECD policy experts. Investment screening is a growing practice around the world in both OECD member nations, including the U.S., and in developing countries.

According to USCIB Senior Adviser Shaun Donnelly, USCIB and the Business at OECD (BIAC) coalition have long spoken out in support of open flows of FDI in all directions, believing FDI promotes economic growth, competition, and jobs. Some screening, as in the U.S., is focused on national security consideration but “national security” can be abused to justify protectionist or mercantilist policies by host governments. And some governments have investment screening which goes beyond national security factors to broad, vague standards of “national interest” or “competitive need” reviews which can easily be abused to discriminate against foreign investors.

“Lauren Mandell did a great job of delivering the business perspective on this important range of issues,” said Donnelly. “Drawing on his prior experience as a USTR investment policy negotiator and participant in the U.S. Government ‘CFIUS’ review process, as well as his broad private sector experience, Lauren was able to shape the overall debate and ensure balance in the discussions.”

Donnelly, a longtime investment expert and former U.S. government negotiator was also able to chime in from the audience to support Lauren’s messages and highlight long-running U.S. government concerns over the government of Canada’s broad “National Interest” reviews of inward investment proposals.

“Lauren Mandell did a great job in getting the business perspective and concerns into this important debate at the OECD,” added Donnelly.  “It’s so important to have the private sector perspective included in these important policy sessions at the OECD and beyond. Lauren was able to bring real-world experience and credibility to very interesting panel discussion. We at USCIB are very grateful to BIAC for designating Lauren as a lead business speaker and, especially, to Lauren for making time to take on this speaking role.”

Brazil’s Accession to OECD: USCIB Hosts Discussion on Regulatory Good Practices

USCIB co-hosted a third meeting of the Brazil-OECD Business Policy Roundtable last week, gathering U.S. and Brazilian industry and government officials to discuss the advancement of regulatory good practices (RGPs) to facilitate Brazil’s accession to the OECD.

According to USCIB Director for Investment, Trade and China Alice Slayton Clark, Brazil is currently undertaking significant regulatory reform consistent with OECD guidelines, such as Recommendations of the Council on Regulatory Policy and Governance. Ministry of Economy Program Director Kelvia Frota de Albuquerque noted recent actions toward that end, including Decree 10,411 that makes regulatory impact analysis (RIA) mandatory for all significant regulations, which identifies the regulatory problem and assesses available alternatives to direct regulation. The decree was issued pursuant to the Regulatory Agencies Law and the Economic Free Law of 2019, coming into force with respect to the Ministry of Economy this past April, and will apply to other federal administrative bodies on October 14, 2021.

It is part of a whole-of-government effort to harmonize and streamline regulatory functions, according to Frota de Albuquerque. A restructuring of licensing and permitting throughout the country at the regional, municipal and local levels will require a significant cultural shift, high-level intervention from the Ministry of Economy and significant capacity building, data management, stakeholder engagement and ex-post analysis.

“Regulatory reform in Brazil is catalyzed not only by its quest for OECD accession but by regulatory commitments it will undertake when it ratifies the Protocol Relating to Trade Rules and Transparency signed in October 2020, updating the U.S.-Brazil Agreement on Trade and Economic Cooperation,” said Clark.

Deputy Assistant U.S. Trade Representative for Latin America Courtney Smothers said that she hopes other workstreams will also inspire progress, including reforms advanced through the World Trade Organization (WTO) Technical Barriers to Trade (TBT) Committee, the U.S.-Brazil regulator-to-regulator dialogue, the Brazil-U.S. CEO forum and regional avenues, such as the Summit of the Americas.

Australia and Canada will be leading an OECD peer review of Brazil’s reform efforts, issuing recommendations next year for additional regulatory improvement, said Manuel Gerardo Flores Romero, coordinator of the OECD Regulatory Policy Programme in Latin America.

The Roundtable discussions are a private sector collaboration led by the USCIB, the U.S. Chamber of Commerce’s Brazil-U.S. Business Council and the Brazil National Confederation of Industry (CNI). Additional roundtable discussions will be held throughout 2021, covering investment and trade, tax, environment and sustainable development, innovation and intellectual property. Digital issues were discussed at the March Roundtable earlier this year.