USCIB Congratulates Daren Tang on New Role as WIPO Director General

Daren Tang. Photo credit: OpenGov Asia

The United States Council for International Business (USCIB) congratulates Daren Tang, Singapore’s chief executive of intellectual property, on his election to the post of director general for the World Intellectual Property Organization (WIPO).

USCIB President and CEO Peter Robinson commended WIPO member states and the U.S. Administration for supporting Mr. Tang:

“The election of Daren Tang as Director General of the WIPO is good news for American business and entrepreneurs, as well as for the global economy and rule-of-law.  Mr. Tang understands the importance of intellectual property rights to all those whose livelihoods depend on the ingenuity and creative genius of inventors, artists and the companies who employ them. There is a clear correlation between economic growth and the development of new inventions, technologies and creative products that are protected by patents, trademarks and copyrights.  USCIB applauds USPTO Director Andrei Iancu, Ambassador Andrew Bremberg and his team in Geneva, and the State Department Bureau of International Organization Affairs for their hard work and support of Mr. Tang’s candidacy. We look forward to continuing our work with WIPO to protect intellectual property as a means of driving global innovation, investment, and economic opportunity.”

Coronavirus Impact on ATA Carnet

USCIB, as the national guaranteeing and issuing association in the U.S. for ATA Carnets, along with our service providers, Boomerang Carnets and Roanoke, have been watching with concern reports of the spread of the Coronavirus (COVID-19) and its potential impact to ATA Carnet holders and the business community at large.

In our role as an advocate for global trade and a passionate supporter of its importance to growth and prosperity, USCIB believes that every effort should be made to balance legitimate health and safety concerns with the imperative to actively support the free flow of goods and services across borders.  In that spirit, we will work with Foreign National Guaranteeing Associations and National Customs Administrations to attempt to mitigate any ATA Carnet claims for U.S. issued Carnets that are caused by restrictions in the country of re-exportation due to the virus.

USCIB has been in contact with China Customs and have received their support on dealing with any future claims on U.S. issued Carnets. At the same time, USCIB also plans to work with U.S. Customs and Border Patrol (CBP) in efforts to help mitigate any Chinese Carnets impacted by the virus on re-exportation from the U.S.  It is important to note, however, that all holders should keep as much documentation (e.g. airline ticket cancellations/rebookings, hotel reservation extension etc..) as possible to support their case.

USCIB Supports US–Singapore Joint Statement on Financial Services Connectivity

Washington DC – February 6, 2020 – The U.S. Council for International Business (USCIB) today voiced its support for the recent U.S. – Singapore Joint Statement on Financial Services Data Connectivity. We applaud this holistic approach to cooperation on the critical issue of Data Policy.

USCIB further recognizes the importance of ensuring seamless transfer of data across borders in conjunction with the business of a financial service provider. We support fostering greater understanding of this important public policy issue and acknowledge the importance of unfettered data connectivity and its role in global trade, innovation and economic growth.

Link to the Joint Statement by U.S. – Singapore on Data Connectivity:

https://home.treasury.gov/news/press-releases/sm899

USCIB Supports Respect for Arbitration Awards in U.S. GSP Program

USCIB Vice President Shaun Donnelly (left) and Chevron Supervising Counsel Andres Romero-Delmastro (right) testifying as panelists before the US Government’s GSP Subcommittee

USCIB went on the record at the January 30 Public Hearing of the USTR-led interagency Generalized System of Preferences (GSP) Subcommittee, supporting respect for the GSP eligibility criteria, specifically the need for “respecting and enforcing international arbitral awards.”  USCIB Vice President for Investment Policy Shaun Donnelly joined member company Chevron as the two business experts testifying on the specific issue of Ecuador’s continuing eligibility for GSP in light of the country’s very troubling record in a long-running major investment arbitration case filed by Chevron.

USCIB joined Chevron in recommending that, in light of Ecuador’s continuing refusal to enforce final arbitral awards by the panel, Ecuador’s access to GSP unilateral trade preferences should be suspended until they come into full compliance with those panel orders. According to Donnelly, after a senior official from the Ecuadorian Attorney General’s office presented the government’s case, a senior Chevron attorney detailed the long saga of Ecuadorian non-compliance. Donnelly then offered broader comments to the sub-committee on the important policy implications of Ecuador’s non-compliance and the importance of maintaining and enforcing the clear eligibility criteria laid out in the GSP statute. The Ecuador investment arbitration case was one of nine “country eligibility cases” on the agenda for public comments before the GSP subcommittee in its two-day meeting January 30-31.

“We at USCIB are strong supporters of the GSP program but it is not an entitlement for Ecuador or any other beneficiary developing countries” Donnelly explained.  “When a country refuses over many years to respect legitimate arbitral awards, in this case from an investment arbitral panel under the U.S.-Ecuador Bilateral Investment Treaty (BIT), the U.S. government’s patience must have a limit. Ecuador has clearly fallen short of the standards under the GSP statute. I think the detailed case presented by Chevron was compelling.”

Chevron and USCIB have been filing formal comments and testifying to the GSP sub-committee along these same lines regularly since 2012. USCIB has long been a leading voice in the U.S. and international business communities on the importance of foreign direct investment (FDI)  to economic growth and development in both the capital exporting and destination countries.  A vital key to incentivizing FDI flows in all direction is strong, transparent and enforceable investment protection, most often in the form of international investment agreements such as BIT treaties or investment chapters in Free Trade Agreements (FTAs.)  When investment disputes arise, access to and respect by all parties for the Investor-State Dispute Settlement (ISDS) arbitration system under those legally-binding investment agreements is essential.

USCIB has led international business advocacy on investment and ISDS issues, including respect for arbitral panel decisions, for many years including at meetings of the OECD, UNCTAD, and UN Commission on International Trade Law (UNCITRAL.)

To read Donnelly’s full testimony, click here.

USCIB Statement on Signing of USMCA

Washington, D.C., January 29, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, welcomes today’s signing of the United States-Mexico-Canada Agreement (USMCA) trade agreement, updating the North American Free Trade Agreement (NAFTA). Over 12 million American jobs depend on trade with Canada and Mexico, so USMCA is an important agreement for U.S. industry for future economic growth.

“The agreement contains several provisions modernizing the original NAFTA, creating new opportunities for American companies and consumers,” said USCIB President and CEO Peter Robinson. “However, USMCA also leaves room for improvement for future negotiations, so we look forward to continued dialogue with the Administration on ensuring critical protections will be upheld in future agreements.”

  • Digital Trade: USMCA contains a state of the art digital trade chapter, including prohibiting cross-border data flow restrictions and data localization requirements, prohibiting requirements for source code or algorithm disclosure or transfer as a condition for market access, prohibiting customs duties on electronic transmissions, provisions on consumer protection, privacy, cybersecurity and open government data. This new chapter allows companies to more effectively operate in the modern global economy.
  • Customs and Trade Facilitation: USMCA significantly updates the customs and trade facilitation provisions from the original NAFTA, ensuring that goods can efficiently flow in and out of the United States. The parties agreed on provisions related to trade facilitation, including the creation of a single-access window system and expedited customs procedures for express shipments. The agreement also includes commitments from Canada and Mexico to increase their de minimis levels, moving toward leveling the playing field for American companies.
  • Labor provisions: The original NAFTA was the first FTA to include labor provisions, though they were contained in side letters. USCMA brings the labor chapter into the agreement’s body, introduces strengthened labor provisions and makes them enforceable. The provisions require adherence to core labor standards of the International Labor Organization (ILO) and effective enforcement of national labor laws.
  • IP protections: USMCA contains important provisions protecting the intellectual property rights (IPR) of American companies, including protections on patents, copyright, trademarks and trade secrets, which are important for the ability of American companies to continue to innovate. One major omission, however, is the opportunity to fully protect biologics. The removal of increased market exclusivity of biologics in the final agreement is detrimental to American companies and consumers.
  • Investment: Protections for American companies when investing in Canada or Mexico are vital to ensure continued growth and development. USMCA contains such protections for many sectors, however does not fully protect all American companies across the board by significantly limiting access to the dispute settlement mechanism. In addition, even the limited dispute settlement mechanism is only available with Mexico, so for investment disputes with Canada, American investors have to rely on mechanisms outside of the newly negotiated agreement. Picking winners and losers for investment protection is not an appropriate precedent for U.S. FTAs going forward.

USCIB looks forward to entry into force and effective implementation of this important trade deal for U.S. business, and increased trade opportunities for our members.

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contacts:

Kira Yevtukhova, USCIB
+1 202.617.3160,
kyevtukhova@uscib.org
Glen Brandow, USCIB
+1 212.703.5043,
gbrandow@uscib.org

USCIB Welcomes Senate Approval of USMCA

Washington, D.C., January 16, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, issued the following statement on the announcement today of Congressional approval of the United States-Mexico-Canada Agreement (USMCA) trade agreement, updating the North American Free Trade Agreement (NAFTA):

“USCIB welcomes today’s announcement of Senate approval of USCMA following overwhelming bipartisan support of the agreement in the House of Representatives. USMCA is an important agreement for U.S. industry for future economic growth, containing several provisions important to our members modernizing the original NAFTA, like those on digital trade and customs.

While we continue to be concerned about certain provisions including the erosion of vital protections impacting the ability to innovate for our industry leaders, we applaud Congressional support of the agreement supporting over 12 million American jobs that depend on trade with Canada and Mexico. We look forward to entry into force of this important trade deal for U.S. business, and continued dialogue with the Administration on ensuring critical protections will be upheld in future agreements.”

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contacts:

Kira Yevtukhova, USCIB
+1 202.617.3160,
kyevtukhova@uscib.org
  Glen Brandow, USCIB
+1 212.703.5043,
gbrandow@uscib.org

USCIB Commends Phase 1 China Deal, Urges Further Negotiations

Washington, D.C., January 15, 2020 – The United States Council for International Business (USCIB), which represents many of America’s leading global companies, welcomes the signing of a Phase One deal with China today in Washington.

China continues to be an important market for U.S. business, and we recognize the progress on food and agricultural export opportunities in this agreement. It also addresses issues related to resolving intellectual property theft and forced technology transfer, which negatively affect the global competitiveness of our companies, but more remains to be done to ensure American companies are afforded a level playing field in China.

USCIB continues to support a comprehensive, high-standard deal that that holds China accountable for complying with their international obligations, vigorously pursuing a level playing field overseas, while avoiding policies that undermine U.S. industry competitiveness. We look forward to studying the details of this initial Phase One deal, and to a next phase of negotiations to address remaining issues, including removing the harmful tariffs that have been imposed on both sides.

In addition to working directly with China, we also continue to urge the Administration to work closely with allies to address many of these concerns on fundamental Chinese policies and practices. We are therefore pleased that the United States is continuing to work with the European Union and Japan toward that goal, exemplified by the cabinet-level meetings this week in Washington.

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

USCIB Celebrates International Human Rights Day

December 10th is known internationally as Human Rights Day, and marks the 71st anniversary of the adoption of the Universal Declaration of Human Rights in 1948 by the United Nations General Assembly. USCIB joins the UN in celebrating Human Rights Day and all of the work being done by its members to promote respect for human rights in global business.

“USCIB and our members are committed to demonstrating respect for human rights in our operations and in line with the UN Guiding Principles on Business & Human Rights (UNGPs). In 2019 we led or participated in a number of activities promoting the importance of human rights, as well as took bold and innovative action individually and in collaboration with stakeholders to support the realization of the UN Sustainable Development Goals (SDGs),” said USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog.

“This year we proudly became a member of the International Labor Organization (ILO) Global Business Network on Forced Labor, co-hosted a workshop on sports and human rights and the 11th Engaging Business Forum on business & human rights, were honored to host UN High Commissioner for Human Rights Michelle Bachelet for a dialogue with our members, and helped to successfully negotiate a first ever ILO labor standard (C 190) on violence and harassment in the workplace. At the ILO, we stood up to fight for the rights of LGBTQI individuals to also be recognized in ILO labor standards, and at the UN joined with civil society organizations and government at the 8th UN Annual Forum on Business & Human Rights for a progress check on implementing the UNGPs. USCIB and our network of member companies look forward to another year of partnership, advocacy and action on human rights and business,” added Herzog.

USCIB Statement: 25th UN Framework Convention on Climate Change Conference of the Parties

COP25 in Madrid, Spain
Photo credit: UNFCCC

USCIB issued the following statement on December 6 for the 25th United Nations Framework Convention on Climate Conference of the Parties (COP25). The statement reflects U.S. business priorities.

For the 25th year, USCIB is participating in deliberations of the UN Framework Convention on Climate Change in Madrid. USCIB joins with many others in highlighting the critical importance of inclusive multilateralism as a means to increase pace and impact to meet climate commitments and objectives, involving all societal partners, including the private sector. Economic policies that drive growth and create jobs in the green economy will be critical to generate the necessary resources and enable business to make its strongest contributions to implementation of the UNFCCC and its Paris Agreement, and to sustainable development.

Since its conclusion in Paris in 2015, USCIB has supported the Paris Agreement. USCIB recognizes and expresses its deep appreciation to U.S. delegations for attending and engaging responsively with U.S. business at UNFCCC meetings. We continue to encourage the Administration to remain at the Paris Agreement table to advance and defend U.S. environmental protection, economic growth, innovation and competitiveness, as it has done consistently in the UNFCCC since COP1.

USCIB recognizes that urgent action to tackle climate change is needed on all fronts. According to the IPCC, reducing future climate-related risks in the context of sustainable development will depend on the upscaling and acceleration of far-reaching climate mitigation and both incremental and transformational adaptation. In this regard, business investment, innovation and action, working in partnership with governments, society and other stakeholders will be vital.

We continue to call for the commitment of all governments to this global effort, so that business and government can work together to enact economically sound policies that:

  • Promote development, deployment and use of cleaner and more efficient technologies and energy sources
  • Enhance sustainable energy access and security in all countries
  • Utilize markets and market-based approaches to animate least-cost GHG reductions, working through multilateral trade
  • Drive investment in innovation for mitigation and adaption
  • Seek to strengthen synergy across multilateral trade, investment and climate policy frameworks

As we work to achieve the goals of the Paris Agreement, we need to include all of society’s stakeholders working together towards a sustainable path for communities, workers and the climate that leaves no one behind. Of particular importance will be government education and training policies that are inclusive and support workers and their communities in securing the skills, capabilities and investments needed to thrive in the face of transformative change.

We share the concern about the need for more rapid and widespread progress toward the Paris goals, and encourage renewed efforts to get back on track, in particular with relation to Article 6.

We welcome ambitious aspirations on the part of organizations and companies and look forward to mobilizing the best of business forward in addressing this critical global challenge, delivering energy access and security, job creation and shared economic prosperity.

USCIB Issues Climate Change Statement on UN Day

In light of the United Nations celebrating the ratification of its 1945 Charter on October 24, USCIB issued the following statement:

“On this UN Day, USCIB would like to join others in recognizing the indispensable importance of the UN system to American business in advancing international cooperation and providing the infrastructure in which we create shared value and serve society.

USCIB reaffirms our support for U.S. involvement in the UN Framework Convention on Climate Change (UNFCCC) and its Paris Accord. We welcome the growth of the American energy economy from fossil fuels to nuclear to renewables to new options for energy efficiency. The Paris Accord allows every country to define its own pathway to tackling climate risks, and the U.S. has already made good progress on that front, reducing emissions and improving efficiency while advancing its own energy security, growing U.S. jobs and opening new markets for innovative American technologies.

Without U.S. leadership at the Paris Accord table, promoting its strategic and economic interests alongside other countries, opportunities for the deployment of these American private sector solutions could be threatened. We encourage the Administration to revisit its decision and submit, as appropriate, its own visionary plan to the UNFCCC and Paris Accord, in which American energy objectives can co-exist with environmental protection, private sector innovation and sustainably meeting both American and global growing energy demands.”