Rick Minor Testifies at House Committee on Ways and Means Subcommittee on Tax

L-R: Megan Funkhouser (Information Technology Industry Council), Rick Minor, Gary Sprague (Baker McKenzie), Daniel Bunn (Tax Foundation)

USCIB’s Tax Counsel Rick Minor testified on March 7 at the Hearing before the U.S. House Committee on Ways & Means Subcommittee on Tax, “Ensuring the Biden Administration Puts Americans First.”  It was the first Congressional hearing on the current Pillar One proposals of the OECD Two Pillar solution project.

“The message from the U.S. should be that discrimination against U.S. companies should not be permitted in any case,” emphasized Minor during his oral testimony. “Fiscal measures specifically targeted at U.S. multinationals should never be a legitimate tax policy choice in a stable international tax system.”

Minor also told the Subcommittee Members that a Pillar One solution that does not effectively eliminate double taxation in its application is not sustainable and that U.S. industry is concerned that the current design of Amount B falls short of the stated objectives of the OECD in its original blueprint.

Minor with Mike Kelly

“We can imagine a reality in which these rules can exist in some form, if the final rules stabilize the international tax system,” added Minor.

On behalf of USCIB, Minor encouraged the Biden administration and U.S. Congress to remain engaged in the OECD process.

House Committee on Ways and Means Tax Subcommittee Chairman Mike Kelly (PA-16) led the meeting before the 18 member Subcommittee. Minor’s testimony was one of four from the private sector; other witnesses included Megan Funkhouser, senior director of Policy, Tax and Trade at the Information Technology Industry Council, Gary Sprague, partner at Baker McKenzie and Daniel Bunn, president and CEO of the Tax Foundation.

USCIB Joined Multi-Association Letter Opposing Expansion of WTO TRIPS Waiver 

USCIB co-signed a multi-association letter to the Biden Administration at the end of February strongly opposing the proposed expansion of the WTO TRIPS waiver to cover COVID-19 diagnostics and therapeutics. The letter was addressed to Secretary of State Antony Blinken, USTR Katherine Tai, Secretary of Commerce Gina Raimondo and White House Chief of Staff Jeffrey Zients.  

The letter advanced the same arguments USCIB made in its submission last year to the U.S. International Trade Commission (Investigation No. 332-596) on the TRIPS waiver extension: the extension would undermine innovation, global health security as well as research and development for products that are fundamental to fighting global crises. USCIB was deeply disappointed with the TRIPS waiver for COVID-19 vaccines announced at the WTO in June 2022. Extending the waiver to diagnostics and therapeutics would further erode international rule of law.

As such, USCIB welcomed the outcome at the 13th WTO Ministerial Conference in Abu Dhabi last week to table this proposal.  

For nearly 30 years, the WTO TRIPS Agreement has served its role well in providing the global legal architecture for supporting and driving innovation,” said USCIB Senior Vice President for Trade, Investment and Digital Policy Alice Slayton Clark. “The waiver extension would have represented a virtual death knell not only for the pharmaceutical industry but also for innovative industry writ large.” 

 

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 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.” 

USCIB Contributes to TCC Stakeholder Session on Electric Vehicle Battery Recycling 

Lisa Schroeter (Dow)

USCIB was a key participant in the U.S.-EU Trade and Technology Council’s (TTC) Transatlantic Initiative for Sustainable Trade (TIST) stakeholder event held in Washington, DC on January 31.   

USCIB Senior Vice President for Trade, Investment and Digital Policy Alice Slayton Clark led a roundtable with the Transatlantic Business Initiative (TBI) on Advancing a Transatlantic Circular Economy: Facilitating Circularity in Electric Vehicles Batteries Towards Better Regulatory Harmonization. USCIB member Lisa Schroeter (Dow) was one of several USCIB Members serving as lead contributors to the circularity discussion.   

The battery roundtable was designed by USCIB and TBI to assist the United States and EU in identifying regulatory challenges and barriers to circularity in EV battery production.  The goal is to encourage better green policy cooperation to further integrate transatlantic value chains and facilitate trade and investment in these areas.  

Alice Slayton Clark (USCIB)

According to Clark, TTC stakeholder sessions are critical to advancing the voice of business, providing private sector insights and ingenuity key to durable policy solutions. USCIB is grateful to be able to engage our companies in open dialogue on policy issues under the umbrella of transatlantic sustainable trade.  

“USCIB appreciated the opportunity for our members to be involved in the TIST with respect to EV recycling,” said Clark. “USCIB advances trade and regulatory coherence and we hope our members’ input at today’s session will help inform policymakers in the U.S. and the EU to achieve a more integrated and resilient transatlantic green marketplace.”