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 Business (USCIB) welcomes outcomes from the WTO 13th Ministerial Conference in Abu Dhabi on two key objectives for U.S. industry: a two-year extension of the moratorium on customs duties on electronic transmissions and a rejection of efforts to waive intellectual property protections for COVID-19 diagnostics and therapeutics.

“If the moratorium had expired it would have been an historic setback, representing an unprecedented termination of a multilateral agreement that has allowed the digital economy to take root and grow over the past 25 years,” said President and CEO Whitney Baird who represented USCIB at the ministerial last week. “USCIB is similarly pleased that the WTO failed to extend a TRIPS waiver to diagnostics and therapeutics, a move that would have undermined innovative industries, global health security and international rule of law.”

Another positive outcome, according to Baird, 72 nations officially adopted the Joint Statement Initiative on Services Domestic Regulation, simplifying rules for over 90 percent of the world’s trade in services. USCIB joined the International Chamber of Commerce (ICC), for which it serves as the U.S. national committee, in welcoming the move. The agreement text had been concluded in December 2021. USCIB also hails progress at the WTO mapping out linkages and exploring best practices in consultation with industry on trade related aspects of circularity, climate, plastics and other policies aimed at advancing sustainability goals.

The outcomes in Abu Dhabi were mixed, however. USCIB is disappointed that MC13 failed to deliver agreements on agriculture, dispute settlement and fisheries, adding uncertainty to a multilateral trading system already under intense strain. “USCIB looks forward to working with the WTO to deliver outcomes in these sectors favorable to U.S. industry,” said Baird. “As the cornerstone for open, fair and reliable global trade, the WTO is too important to industry to fail.”

USCIB was on the ground in Abu Dhabi with a strong showing of member companies and the ICC, promoting robust digital and innovation safeguards, U.S. leadership on disciplines for sustainable trade, and enhanced roles for plurilateral negotiations and stakeholder engagement at the WTO.

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 the economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million workers worldwide. As the U.S. affiliate to several leading international business organizations, including the ICC, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and development. More at  www.uscib.org.

USCIB Issues 2024 Priorities and Recommendations for APEC

USCIB has issued this year’s priorities and recommendations that USCIB and its members would like to see advanced in the Asia-Pacific Economic Cooperation (APEC). This annual priorities document reflects critical issue areas across USCIB’s primary workstreams related to APEC. USCIB has always been a longstanding and steadfast contributor to APEC workstreams and stands ready to provide business inputs to advance APEC goals and objectives for 2024 and beyond.   

APEC also reflects USCIB’s longstanding and guiding objectives of promoting open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence.  

“USCIB values the committed partnerships that APEC has established with the private sector to address the many economic opportunities available to foster greater integration between APEC’s member economies,” said USCIB Senior Vice President for Trade, Investment and Digital Policy Alice Slayton Clark. 

“We laud the excellent work accomplished during the 2023 U.S. APEC host year and look forward to an equally productive 2024, exploring new topics for outcomes and deliverables as Peru takes the helm,” added Clark.  

Baird Contributes to Business at OECD’s Consultation With OECD Leadership

USCIB President and CEO Whitney Baird

USCIB President and CEO Whitney Baird joined business leaders from Business at OECD’s (BIAC) expansive global network for BIAC’s Annual Consultation with OECD leadership and ambassadors in Paris. The theme for this year’s consultation was Charting the Course for Competitiveness, urging the OECD to reinforce the competitiveness of market-based democracies.

Baird served as a business speaker on a discussion around inspiring a better future globally.

“In an increasingly geopolitical setting, business looks to the OECD and member governments for meaningful cooperation, pragmatic diplomacy, and effective inclusive multilateralism,” she said.

Rick Johnston

BIAC Chair Rick Johnston (Citigroup), who also serves on the USCIB Board and chairs USCIB’s Trade and Investment Committee, led the delegation. Johnston also underscored BIAC priorities for OECD policymaking, stressing the need for the OECD to put a clearer spotlight on the cost and ease of doing business in its member countries.

According to BIAC, this strategic engagement at the outset of the year sets the tone for follow-up business advocacy with the OECD and its 38 Member States; BIAC is now preparing for the annual OECD Ministerial Council Meeting in May, which will be chaired by Japan.

USCIB Supports First-Ever Multilateral Agreement on “Living Wage”

New York, NY, February 27, 2024–This weekend, the International Labor Organization (ILO), the UN entity responsible for setting international labor standards, reached the first-in-history multilateral agreement on the concept of a “living wage.” The alignment on the concept, negotiated between workers, employers and governments, was part of the outcome of a week-long expert meeting on wage policies, including living wages.

In recent years, there has been a rise in political pressures on ensuring wage levels that can ensure a decent standard of living and an increase in living wage initiatives and consulting firms, claiming to help companies set correct wage levels. Yet, as reported by the ILO, such initiatives have largely been ignoring the second pillar of wage-setting, namely economic factors. The expert meeting provided clarity on this and underscored that a wage-setting process must take into account both the needs of workers and economic factors.

“We are proud to have reached multilateral alignment on the concept of a ‘living wage,’” said Ewa Staworzynska, director of corporate responsibility and labor affairs at USCIB, who represented American business during the expert meeting, together with Ryan Larsen, group director, international labor relations at Walmart. “In order to set sustainable wages and not disrupt employment levels, it is critical that wage-setting processes couple the estimates of needs of workers with economic factors, such as macroeconomic stability and productivity levels.”

The full conclusions, including the ILO’s description of the concept, is expected to be published in the coming days.

About USCIB
The United States Council for International Business (USCIB) advances the global interests of American business. We do so through advocacy for an open system of world trade, finance, and investment, where business can flourish and contribute to economic growth, human welfare, and environmental protection. We are the sole U.S. affiliate of the International Chamber of Commerce (ICC), Business at OECD (BIAC) and the International Organization of Employers (IOE). USCIB is also the only U.S. business organization with standing at the UN Economic and Social Council (ECOSOC), and is recognized at the UN Environment Program (UNEP), UN Framework Convention on Climate Change (UNFCCC) and the UN Convention on Biological Diversity (UN CBD).

USCIB in the News: Bloomberg, Tax Notes Quote Rick Minor on New OECD Report on Amount B

SVP Rick Minor was quoted in both Bloomberg and Tax Notes this week following the February 19 release of the OECD’s new report on Amount B, one of the key components of Pillar One of the OECD’s global two pillar solution project.

In Bloomberg Tax, Minor said: “I feel there remains a degree of uncertainty regarding the prospects for broad adaptation of Amount B, directly and indirectly, on which we had placed considerable value from the outset.” Minor expressed concerns “in the context of a mutual agreement procedure, where a treaty partner isn’t obligated to accept the Amount B analysis of another jurisdiction if the first treaty partner doesn’t agree to Amount B.”

To access the full Bloomberg article, please click here to read with a subscription.

The Tax Notes article, titled, OECD Sets Out Amount B Transfer Pricing Simplification Framework, is also available with a subscription and can be found here.

USCIB Meets with OECD to Share US Industry Accession Priorities 

USCIB organized a member briefing on February 14 with OECD officials to discuss the accession process and to share USCIB Members’ market access concerns regarding the five accession candidates: Brazil, Bulgaria, Croatia, Peru and Romania. USCIB also shared with the OECD officials an updated business priorities document, detailing industry concerns for each of the accession candidates. 

Members learned that the candidacies of Croatia, Bulgaria, Peru and Romania are most advance as they consider the accession process a national priority. According to USCIB Senior Vice President for Trade, Investment and Digital Policy Alice Slayton Clark, Brazil is taking a more cautious position, setting up a working group on OECD matters to determine how to approach accession. Interestingly, the new administration of Javier Milei in Argentina seems committed to moving forward with adoption of a roadmap for accession after putting the invitation on pause for the past two years. Finally, Thailand has requested to accede, and the OECD announced this week it is opening accession talks with Indonesia, a process that will take many years.     

It was made clear during this meeting that OECD accession provides powerful leverage for adoption of reforms in candidate countries, an opportunity for industry to resolve market access concerns. It is imperative to act early in this regard and provide detailed input that can be incorporated into market openness reports used to measure candidate country readiness.  

One main area of concern raised during the discussion was candidate country positioning on the moratorium on customs duties on electronic transmissions, a question that will be considered at next week’s World Trade Organization (WTO) 13th Ministerial Conference (MC13) in Abu Dhabi. USCIB urged that all OECD members and accession candidates fully support the moratorium to be in alignment with OECD research, principles and best practices. 

Click here to download USCIB’s OECD Accession Priorities document. 

USCIB Adopts a Comprehensive Strategy to Renew the WTO E-Commerce Moratorium   

Ahead of the World Trade Organization (WTO) 13th Ministerial Council (MC13) next week, USCIB has been advocating extensively to extend the WTO moratorium on customs duties on electronic transmissions.  

Among these efforts, as reported by Inside US Trade, was a multi-association letter signed by USCIB President and CEO Whitney Baird, along with the presidents and CEOs of other associations such as the U.S. Chamber of Commerce. The letter was sent to U.S. Trade Representative Katherine Tai, National Security Council’s Jacob J. Sullivan and National Economic Council Director Lael Brainard. 

USCIB also signed a Global Industry Statement urging the WTO to support the continuation of the Moratorium at MC13. The Statement, comprised of nearly 200 groups from more than 20 sectors in 130 countries, was covered by Politico. 

A few WTO members, such as India, Indonesia and South Africa, are threatening to block renewal of the moratorium for policy and political purposes. As such, USCIB joined several industry coalition letters to key government officials in these countries expressing concern about the potential collapse of this longstanding multilateral agreement and how it would negatively impact trade and investment in these economies.   

The letters argue that the moratorium is essential to the interests of millions of local enterprises and workers. The economic studies that analyze the potential impacts of customs duties show that countries hurt themselves by raising barriers and increasing costs for a wide variety of enterprises to access knowledge, information, data, and digital tools needed to compete in the global marketplace. 

For India, customs restrictions on the Internet are at odds with Prime Minister Modi’s vision of a $1 trillion “Digital India” economy. In fact, such restrictions could well cause India’s digital economy to shrink rather than grow given its large share of software development and global data processing activity. If India imposes customs duties on inbound data transfers – coupled with restrictions on outbound data transfers proposed under various other measures – India will isolate itself from the world. 

USCIB President and CEO Whitney Baird and USCIB Senior VP Alice Slayton Clark will be at MC13 in Abu Dhabi next week, where this topic will be a top priority. 

“Allowing the moratorium to expire would be a historic setback for the WTO, representing an unprecedented termination of a multilateral agreement in place nearly since the WTO’s inception – an agreement that has allowed the digital economy to take root and grow,” said Clark. “It risks destabilizing the very fabric of a multilateral trading system already under intense strain.” 

USCIB Helps Facilitate First Digital ATA Carnet at JFK Airport

New York, N.Y., February 21, 2024—The United States Council for International Business (USCIB), the National Guaranteeing Association (NGA) and Issuing Association for the ATA Carnet (aka the “Passport for Goods®”) in the U.S., has facilitated the first ever U.S. digital ATA Carnet (e-ATA) test processing at John F. Kennedy Airport in collaboration with U.S. Customs and Border Protection (CBP), Roanoke Insurance Group Inc. and Rock-it Cargo. The test will also be done in conjunction with the London Chamber of Commerce & Industry (LCCI) and UK Customs (HMRC), processing the e-ATA for import at London’s Heathrow airport.

“We’re thrilled to launch the official test-phase for e-ATA Carnet processing in the United States,” said USCIB Chief Operating Officer Declan Daly. “With the help of our partners, including CBP, the International Chamber of Commerce World Chamber Federation (ICC WCF), Roanoke, one of our service providers, and Rock-it, we’ve taken a crucial and exciting first step to finally bring the ATA Carnet into the 21st century.”

“U.S. Customs and Border Protection is honored to collaborate with the U.S. Council for International Business and our counterparts in the United Kingdom on this first test of a digital ATA Carnet,” said Francis J. Russo, director of CBP’s New York Field Operations. “Carnets have long been an effective method to control and release materials that are temporarily imported.  Digitizing the process to align with modern technical capabilities will make it far more efficient than continuing to rely on paper,” added Russo.

The test processing was conducted ahead of the TPi Awards Ceremony in London, England, which will be held on February 26th. The Ceremony is the live events industry’s largest celebration, recognizing the feats achieved in the world of live touring in the past 12 months. USCIB selected Rock-it Cargo to participate in the e-ATA Carnet testing phase due to the nature of Rock-it’s business and because Rock-it Cargo is one of the largest ATA Carnet users in the U.S. Rock-it Cargo is a white glove, time critical, freight forwarder focused on live entertainment and TV production, which are highly dependent on ATA Carnets to ensure the show goes on.

Declan Daly (USCIB) and Amanda Barlow (Rock-it Cargo) with the TPi Awards microphones

According to Daly, TPi, Sennheiser and Rock-it Cargo have co-sponsored two bespoke microphones for use during the award ceremony. These microphones were decorated by Perry Meeks, a costume designer with whom Rock-it has worked on many live entertainment tours. The microphones will be hand-carried by Rock-it to the United Kingdom using the first U.S. issued e-ATA Carnet to enter them into the UK for the awards ceremony and then returned to the U.S. post show.

“It’s great that HMRC is at the forefront of piloting digital Carnets alongside our counterparts in the USA, and we’re really pleased to enable the first digital carnet movement between the two countries,” said Sally Beggs, deputy director for Customs Policy and Strategy at HM Revenue and Customs in the UK.

Davor A. McKinley, head of ATA Carnets and Compliance, UK National ATA Carnet Organization (UKNATACO) added, “UKNATACO is delighted that United States Council for International Business (USCIB) chose United Kingdom as the destination for their first ever digital Carnet. This clearly highlights the close working relationship between the two countries and demonstrates that digitalising ATA Carnets will play a pivotal role in strengthening our mutual trade further.”

USCIB has appointed two independent Carnet Service Providers to issue ATA Carnets: Boomerang Carnets and Roanoke Insurance Group Inc.

The ATA Carnet is a unified international Customs document that permits duty-free and tax-free temporary import of goods into over 100 countries and customs territories for up to one year. Annually, the global system issues close to 200,000 ATA Carnets for goods valued at over $25 billion dollars. The e-ATA Carnet (aka digital ATA Carnet), which was first developed by ICC WCF in 2016 and is supported by the WCO (World Customs Organization), aims to digitize ATA Carnets and their lifecycle management process – from issuance and declarations to transactions and claims.

About USCIB
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation. Its members include U.S.-based global companies and professional services firms with operations in every region of the world. As the U.S. affiliate of leading international business organizations (such as the International Chamber of Commerce, International Organization of Employers and Business at OECD) and as the only U.S. multi-sectoral advocacy group with standing in the United Nations Economic and Social Council (ECOSOC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. USCIB is also the National Guaranteeing and Issuing Association for ATA Carnet in the United States, having been appointed as such by the Department of Treasury Bureau of Customs, now U.S. Customs and Border Protection (CBP), in 1969. USCIB has two authorized service providers who issue ATA Carnet—Boomerang Carnet and Roanoke Insurance Group Inc. More at  www.uscib.org.

Cross-Atlantic Social Partners Convene to Discuss Jobs for a Green Transition 

Ewa Staworzynska (USCIB)

The EU-U.S. Trade and Technology Council (TCC) held a workshop of the Transatlantic Initiative for Sustainable Trade (TIST), titled “Promotion of Good Quality Jobs for a Successful, Just and Inclusive Green Economy,” in Washington DC on January 30. The workshop focused on the promotion of good quality jobs for a successful, just and inclusive green transition. Organizations such as the the International Labor Organization (ILO), Business Europe, AFL-CIO, the European Trade Union Confederation and government agencies from both sides of the Atlantic provided perspectives during the meeting. 

USCIB Director for Corporate Responsibility and Labor Affairs Ewa Staworzynska gave remarks at the workshop, alongside USCIB members Lisa Schroeter (Dow) and Josh Connelly (LinkedIn). Connelly provided relevant data on workforce skilling and the gender gap, highlighting that women are disproportionally impacted by the green transition, due to the lack of parity in the market, especially in the green sector. 

Staworzynska spoke on the issue of supply chain transparency in the context of the green transition, underscoring that supply chain traceability is extremely complex, especially in higher tiers. “American companies have championed supply chain improvements globally, and we count on the U.S. government and the European Union to help sourcing countries tackle root causes of labor risks, such as poverty and informality,” she said. Staworzynska further highlighted that the just transition policies must take into account the realities faced by companies globally in order to be effective. 

“USCIB has had a longstanding engagement at the TCC,” said Staworzynska. “We look forward to highlighting the important work of our members, such as LinkedIn and Dow, and working with the EU and the U.S. to ensure a just and inclusive green transition.” 

Vinblad Speaks on Business and Biodiversity at Columbia University  

L-R: Wendy Hapgood (Wild Tomorrow), Amy Karpati (Columbia University), Jenna Lawrence (Columbia University), Agnes Vinblad (USCIB), Matthias Pitkowitz (EQX Biome)

USCIB Director for Environment and Sustainable Development Agnes Vinblad was invited to participate in an expert panel organized by the Columbia University Climate School Earth Institute in New York City. The event was held under the title, “Solving the Biodiversity Crisis: Strategic & Interdisciplinary Approaches.” Discussions highlighted the importance of biodiversity considerations in sustainable business decisions with a focus on solution pathways and recent policy developments. 

Vinblad’s interventions focused on the international policy dimension and the role of incentivizing industrial policy in spurring and enabling private sector leadership on biodiversity protection. 

The panel was moderated by Wendy Hapgood, Co-founder and COO of Wild Tomorrow, a wildlife conservation non-profit organization dedicated to the protection, restoration and rewilding of threatened habitats to protect biodiversity. In addition to Vinblad, the panel included Amy Karpati, conservation biologist and adjunct professor at Columbia University, Jenna Lawrence, biodiversity specialist and researcher, and lecturer at the Climate School at Columbia University and Matthias Pitkowitz, founder and CEO of EQX Biome – a financial marketplace for nature-based investments.  

Agnes Vinblad

“This excellent discussion served as a great opportunity to speak about USCIB’s engagement in the UN CBD process, and our active participation in the negotiations leading up to the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF),” said Vinblad.  

“Inevitably, a lot of the conversation centered on Target 15 of the GBF – this is the target that calls for legal, administrative or policy measures to encourage businesses to regularly monitor, assess and disclose their risks, dependencies and impacts on biodiversity. But we also touched upon many other of the targets, for example the conservation target – Target 3 – which seeks to conserve 30% of land, waters and seas by 2030,” she continued.  

USCIB holds official observer status to the United Nations Convention on Biological Diversity (UN CBD). This is the UN treaty under which matters pertaining to biodiversity are negotiated. Through this status, USCIB has been active participants in the UN CBD process for many years and Vinblad led a USCIB delegation to the historic UN CBD COP15 in December 2022 where the GBF was adopted.  

“A key point to note is that while the U.S. is not a Party to the UN CBD, we are seeing a continued increased interest from the U.S. business community to engage on biodiversity topics. One of the primary concerns I am hearing from business is the rapid rollout of numerous different biodiversity reporting standards and frameworks – a key priority for us now is to ensure harmonization to ease the administrative burden for business to free up resources for real implementation,” Vinblad added. 

UN CBD COP16 is scheduled to convene from October 21 to November 1 in Colombia this fall and deliberations will focus on the implementation phase of the GBF.