Growth, Jobs and Open Markets Archives

Baird Discusses USCIB Priorities With Leaders of WTO and UNCTAD 

Published on December 1, 2023
L-R: Whitney Baird (USCIB), Ngozi Okonjo-Iweala (WTO), Angela Ellard (WTO) in Geneva

USCIB President and CEO Whitney Baird was in Geneva the week of November 27, meeting with the heads of the World Trade Organization (WTO) and the UN Conference on Trade and Development (UNCTAD) to press membership priorities.  

 

The focus of the meeting with WTO Director General Ngozi Okonjo-Iweala and Deputy Director General Angela Ellard was industry positions for the upcoming WTO Ministerial Conference (MC13), with Baird underscoring concerns regarding the U.S. retreat from important digital safeguards in the JSI on E-Commerce negotiations, the imperative of a permanent renewal of the moratorium on customs duties on electronic transmissions and staunch opposition to a waiver extension under the WTO Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. USCIB also relayed its history as a leading industry voice in support of the WTO, spearheading business coalition letters urging better U.S. leadership in negotiations.   

 

“USCIB will attend MC13 in February 2024 showcasing our deep commitment to the WTO and a global rules-based trading system,” said Baird. “With some 70 percent of world trade covered under WTO rules, USCIB is a steadfast and staunch advocate for the WTO and its critical role in keeping the global trading system open for business particularly during times of pandemic or geostrategic crisis.” 

 

Baird also expressed her gratitude to the DG for establishing the WTO Director General business advisory group to ensure industry voices are heard. “USCIB truly understands the importance and the power of institutionalized stakeholder engagement as the unique U.S. affiliate to the International Chamber of Commerce (ICC), Business at OECD (BIAC) and the International Organization of Employers (IOE),” added Baird. 

 

Separately, Baird met with UNCTAD Secretary General Rebeca Grynspan to discuss mutual areas of interest regarding foreign direct investment (FDI) and issues related to the Sustainable Development Goals (SDGs). USCIB’s engagement with UNCTAD spans years of active participation at the World Investment Forum Meetings, the leading international meeting on investment matters. 

 

USCIB has been a longstanding, leading voice for the U.S. private sector on international investment policy issues in the multilateral system, promoting FDI and defending investor safeguards in investment agreements as a paramount priority.   

 

“USCIB advocates for inclusive practical multilateralism and welcomes opportunities to engage with UNCTAD in dialogue and through public-private partnerships to learn about the barriers to investments in developing countries,” said Baird.  

 

Baird added, “It is now more important than ever that international organizations like UNCTAD work with business to call for the necessary welcoming environment for FDI in quality projects that help put the SDGs back on track, power sustainable economic growth and shared prosperity. USCIB looks forward to a productive working relationship with the Secretary General and her colleagues at UNCTAD.” 

USCIB Highlights Critical Role of Business in Advancing Human Rights at UN Forum

Published on December 1, 2023
Participants: IOE corporate partners, USCIB delegation, and UN Deputy High Commissioner
Photo Credit: IOE

The annual UN Forum on Business and Human Rights took place the week of November 27 in Geneva. As the world’s largest conference on business and human rights (BHR), it convened governments, business, civil society, experts and practitioners to discuss the implementation of the UN Guiding Principles on Business and Human Rights, share best practices and learn about BHR initiatives from all regions.

According to USCIB Director for Corporate Responsibility and Labor Affairs Ewa Staworzynska, this year’s discussions were marked by the commemoration of the 75th anniversary of the UN Declaration on Human Rights, as well as the 12th year since the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs). There was broad consensus that more progress was needed on human rights and many stakeholders called for a stronger role to be played by business. Emphasis was placed on leveraging the UNGPs in emerging topics such as Artificial Intelligence (AI) and environmental protection.

IOE Business Caucus L-R: Ewa Staworzynska (USCIB & IOE), Renate Hornung-Draus (Confederation of German Employers (BDA) & IOE), Roberto Suarez Santos (IOE), Whitney Baird (USCIB), Jason Pegat-Toquet (IOE). Photo credit: IOE

The American business community actively engaged across the various discussions at the UN Forum and USCIB member companies, including Hewlett-Packard and Google, were featured in plenary sessions to share their valuable contributions to the human rights agenda. The commitment to progress on human rights was also underscored in the dialogue with UN High Commissioner for Human Rights Volker Türk, during a Business Caucus organized by the International Organisation of Employers (IOE), as well as in a business meeting with the UN Deputy High Commissioner for Human Rights Nada Youssef A. Al Nashif.

USCIB and the U.S. Mission in Geneva co-organized a dialogue between USCIB member companies and the U.S. Government delegation to the UN Forum. The dialogue allowed for an open discussion among businesses and representatives from the U.S. Departments of State and Labor and USAID, on key topics such as the UN Legally Binding Instrument on Business and Human Rights, AI, due diligence trends and labor rights.

The USCIB delegation was led by President and CEO Whitney Baird and included Ewa Staworzynska, director for corporate responsibility and labor affairs and Jose Arroyo, policy manager.

“We are thrilled to lead the U.S. business engagement at the UN Forum on Business and Human Rights,” said Baird. “The presence and participation of U.S. companies highlights the private sector’s commitment to advancing human rights globally, and it is imperative that we do so in alignment with the UN Guiding Principles on Business and Human Rights.”

Business at OECD Releases Paper on Trade Priorities, Responding to 2023 OECD Trade Strategy 

Published on November 28, 2023

This week, Business at OECD (BIAC) released its flagship paper “Trading Better, Living Better” outlining trade priorities aimed at promoting robust and resilient trade, innovation, open markets, a level the playing field and inclusivity. The paper is developed to inform the future work program of the OECD Trade and Agriculture Directorate. 

 

The paper was launched on November 27 at a virtual event including OECD officials, government policymakers and other trade stakeholders. USCIB Vice President for International Investment and Trade Policy and BIAC Trade Committee Vice Chair Alice Slayton Clark presented key priorities from the digital section of the paper. These included permanent renewal of the World Trade Organization (WTO) moratorium on customs duties on electronic transmissions, high standard outcomes from the JSI on e-commerce negotiations and OECD advancement of the benefits of cross-border data flows and negative effects of data localization measures. 

 

Importantly, the document also urges the OECD to support policy efforts towards strengthening intellectual property (IP) protections, which serve as a fuel for innovation. It urges research on the benefits of IP safeguards and negative trade effects of weak IP rights enforcement.

 

“The paper underscores several key recommendations for strengthening trade and business,” said Clark. “It calls on the international community to foster rules-based and resilient trade, strengthen the foundations of open markets, advance the digital economy, level the playing field for government support and secure public support for open markets.”

 

Read the full paper here.

Business at OECD Launches Responsible Business Conduct Committee, Co-Chaired by USCIB Member Laura Chapman-Rubbo (Disney)

Published on November 28, 2023
Laura Rubbo attends USCIB’s 2019 International Leadership Award Dinner
L-R: Peter Robinson (formerly USCIB), Laura Rubbo (The Walt Disney Company), Guy Ryder (formerly ILO), Terry McGraw (formerly USCIB & S&P Global)

Business at OECD (BIAC) launched the newly formed BIAC Responsible Business Conduct (RBC) Committee on November 8 in Paris. The rationale for establishing a dedicated RBC committee is rooted in the growing OECD RBC workstreams, which are expected to expand in the upcoming years. While the BIAC RBC Committee was previously housed under the same umbrella as the Investment Committee, close coordination between both committees will continue. In line with this, two previous vice-chairs of the Investment and RBC Committees now serve as the new co-chairs of the BIAC RBC committee: Laura Chapman-Rubbo from USCIB member The Walt Disney Company and Paul Noll from the Confederation of German Employers’ Associations (BDA).

USCIB was delighted to nominate Chapman-Rubbo as co-chair. She has extensive expertise in working with OECD matters, closely collaborating with BIAC on the review of upcoming OECD RBC guidance. As a leading voice in RBC topics, Chapman-Rubbo brings an American perspective, along with know-how from a worldwide transnational company to the table. USCIB members are committed to driving positive change while ensuring that American business interests remain represented at the OECD level.

“I am honored to co-chair this committee,” said Chapman-Rubbo. “We are building on decades of important work by BIAC, their member national business associations, and their member companies to advance responsible business conduct and the OECD’s Guidelines for Multinational Enterprises.”

The first BIAC RBC committee meeting was held on November 8 and now the committee is focused on a 2024 work plan and outreach.

USCIB Member Cristian Rodriguez-Chiffelle (BCG) Approved as Vice Chair for Newly-Formed BIAC Investment Committee 

Published on November 16, 2023
Cristian Rodriguez-Chiffelle

Business at OECD’s (BIAC) Executive Board formally approved the nomination of USCIB member Cristian Rodriguez-Chiffelle (Boston Consulting Group) for Vice-Chair of the BIAC Investment Committee on November 7. 

 

Rodriguez-Chiffelle serves as senior advisor for Boston Consulting Group’s (BCG) Global Advantage and Public Sector practices. He has consulted with governments, firms and international organizations across multiple regions. He has extensive expertise in fields such as sustainable FDI strategies for renewable energy, investment attraction and promotion and the negotiation and implementation of trade agreements. His extensive experience has primarily focused on Latin American trade, climate policy and investment. 

 

Rodriguez-Chiffelle’s previous experience participating in the investment-related operations of international organizations and the Chilean government will be of great value when conveying business priorities to governments and OECD representatives as part of his new position. 

 

The BIAC Investment Committee is a newly independent committee, having previously been part of the Investment and Responsible Business Conduct Committee. It is primarily focused on challenges that companies are facing with respect to the international investment climate and aims to highlight the importance of appropriate investor safeguards, market openness and a level-playing field in global trade and investment. 

Giblin Speaks at ACI Advanced Forum on Import Compliance and Enforcement

Published on November 16, 2023

USCIB Senior Director for Customs and Trade Facilitation Megan Giblin spoke as a panelist at the 12th Advanced Forum on Import Compliance & Enforcement, hosted by the American Conference Institute (ACI).

Held November 7-8, this in-depth strategic conference covered U.S. and international regulatory changes impacting imports and customs compliance strategy, especially concerning evolving U.S. import controls.

Giblin spoke on the panel titled An Update on CBPs 21st Century Customs Framework (21CCF), providing an outlook on the progress of government and industry 21CCF efforts to simplify, secure and enhance 21st century trade. She discussed the status of 21CC efforts from a broader industry perspective as well as spoke to some of the challenges to the process and the consensus work concerning 21CCF that USCIB has undertaken alongside other industry associations.

“We believe that customs modernization, both in the U.S. and at the national level abroad, is critical and cannot be rushed,” emphasized Giblin in her remarks. “Clear and transparent consultation with the trade community is needed.”

Giblin spoke alongside Garrett Wright (Customs and Border Protection), Kathryn Wilkins (Alliance Operating Systems and Trade Co-Chair of COAC) and Shoshana Grove (International Bridge).

Giblin expressed gratitude to ACI for including USCIB in this discussion.

USCIB Co-Signs Letter Condemning Administration Decision to Withdraw Support for Cross-Border Data Flow Proposals at WTO

Published on November 13, 2023

USCIB signed a multi-industry association letter decrying the Biden Administration’s decision to end its support for proposals on data flows, data localization and source code, as part of the World Trade Organization (WTO) Joint Initiative on E-commerce (JSI) negotiations. The letter expresses USCIB’s deep dismay regarding a reversal on these core disciplines and U.S. leadership on digital economy priorities.

The letter, co-signed with associations such as the U.S. Chamber of Commerce, National Association of Manufacturers and Recording Industry Association of America, expresses concern that this decision undermines the United States Trade Representative’s (USTR) longstanding commitment to protecting cross-border data flows, which facilitate core values and goals, such as the spread of information, freedom of expression and ability to solve complex global challenges. The letter criticizes USTR for signaling an end to the Administration’s fight against discrimination affecting American companies and their workers, as well as legitimizing digital protectionism across the globe, which strengthens adversaries and hurts American businesses.

The letter encourages USTR to reverse this harmful decision and return the U.S. to its role of global leader in a rules-based trading system that benefits American companies, aligns with the U.S.’s core values and empowers the government to push back against regulatory overreach by authoritarian regimes.

USCIB President and CEO Whitney Baird also spoke with leadership at USTR to express concerns about the implications of this policy reversal at IPEF and the WTO JSI for e-commerce negotiations. Baird refuted the narrative that the digital negotiations only benefit the ICT industry, stressing they also serve the much larger universe of manufacturers, retailers, financial services and logistics and professional services firms that rely on these services and technologies. USCIB made clear that a U.S. vacuum on the global stage leaves space for states like India to step in and advance digital protectionism.

USCIB also is raising concerns at the OECD through our voice in Business at OECD (BIAC) to ensure continued support for strong disciplines that promote barrier-free data flows and legitimate access to digital products and services. USCIB will continue to strategize on next steps regarding getting the U.S. position back on track on digital issues at the WTO, IPEF and beyond.

Annual OECD-USCIB International Tax Conference Zeroes in on Pillars One and Two

Published on November 8, 2023
Lily Batchelder (Treasury)

Since 2021 when 140 countries agreed on a global tax deal, international tax policy discussions have concentrated intensely on Pillars One and Two, which focus on the reallocation of residual profits of the largest and most profitable Multinational Enterprises (MNEs) to market jurisdictions and a 15% global minimum tax, respectively.

USCIB’s annual International Tax Conference was no exception. Discussions on Pillars One and Two were the focus of the two-day tax conference, hosted alongside the OECD and Business at OECD (BIAC) on October 30-31 in Washington DC. Hundreds of industry leaders and practitioners including USCIB members, U.S. and foreign government tax officials and press gathered for the much-anticipated event, hosted by USCIB VP and International Tax Counsel Rick Minor.

Lily Batchelder, assistant secretary for tax policy at U.S. Department of Treasury, served as plenary speaker and provided a framework for the two-day conference and touched upon an important element—the multilateral work at the OECD in the tax policy space.

“Today, at the 16th annual Tax Conference of the USCIB, the question is not should the international tax system change,” said Batchelder. “We already know from close to 15 years of experience that the system has changed and returning to old rules is not a real tax solution. Instead, the question is how should the international tax system change in order to encourage global tax certainty and stability? In my view, our multilateral work at the OECD has been, and will continue to be, essential to finding answers to those questions.”

Batchelder’s comments were echoed by Michael Plowgian, deputy assistant secretary for international tax affairs at the U.S. Treasury Department, who spoke on the first panel, The International Tax Agenda. “The administration remains committed to implementing Pillars One and Two,” said Plowgian. “We believe it’s the best way to address the instability that we see in the international tax system.”

Rick Minor (USCIB)

The second day kicked off with panels on Pillar Two, discussing the implementation of the global minimum tax and improving global tax coordination, particularly relating to rule co-ordination and dispute prevention and resolution.

Beyond Pillars One and Two, experts also discussed other pressing issues such as addressing increased global mobility of workers, carbon mitigation approaches, tax certainty beyond the Pillars and the rationalization of other base erosion and profit shifting (BEPS) measures.

The conference was sponsored by USCIB. Corporate sponsors included EY, PwC, Amazon, Caplin & Drysdale, General Mills, KPMG, Baker McKenzie and ExxonMobil.

Other featured speakers included:

  • Alan McLean, Chair, BIAC Tax Committee and former Executive Vice President, Taxation and Controller, Shell International Limited, UK (retired)
  • Achim Pross, Deputy Director, OECD CTPA
  • Barbara Angus, Global Tax Policy Leader, Ernst & Young (EY)
  • Bob Hamilton, Commissioner of the Canada Revenue Agency; Chair of the FTA
  • Bob Stack, Managing Director, Washington National Tax, Deloitte Tax LLP
  • Brett Weaver, Partner, KPMG
  • Carolina Perez-Lopez, Vice President, Global Tax Planning and Tax Counsel, Johnson & Johnson
  • Carlos Eduardo Protto, Director of International Tax Relations, Ministry of Treasury, Argentina
  • Dani Rolfes, Partner in Charge, Washington National Tax, KPMG
  • Daniel Smith, Director, International Tax Planning & Policy, Alphabet
  • Hannah Hawkins, Principal, Washington National Tax, KPMG
  • Isaac Wood, Attorney-Advisor, Office of Tax Policy, U.S. Treasury
  • Jason Weinstein, Vice President, Tax, North America, Amazon
  • John Peterson, Acting Head of Division ICA, OECD CTPA
  • John Stowell, USCIB Tax Committee Chair, Head of Global Tax and International Financial Reporting, The Walt Disney Company
  • Josh Ruland, Principal, EY
  • Kevin Nichols, Head of Tax ESG, Tax Communications, and Tax Policy, Uber
  • Kyle Meng, Senior Economist, White House Council of Economic Advisers
  • Liz Stevens, Member, Caplin & Drysdale
  • Manal Corwin, Director, OECD CTPA
  • María José Garde, Director General of Taxation, Ministry of Finance, Spain
  • Mark Harris, Vice President and General Tax Counsel, The Coca-Cola Company
  • Mark Martin, Principal, Washington National Tax, KPMG
  • Marlene Nembhard-Parker, Co-Chair of the Inclusive Framework; Deputy Commissioner General, Legal Support Services – Tax Administration Jamaica
  • Marco Iuvinale, Director of European and International Tax Affairs, Italian Ministry of Economy and Finance
  • Mary Jones, Director, Benefits Taxation, Microsoft
  • Mike Williams, Director of Corporate Tax, HM Treasury
  • Nate Carden, Partner, Skadden
  • Nick Schulz, Director of Stakeholder Engagement and Senior Policy Advisor, ExxonMobil
  • Nicole Welch, Director, Treaty and Transfer Pricing Operations, LB&I, IRS
  • Pat Brown, Principal, Washington National Tax, PwC
  • Peter Blessing, Associate Chief Counsel (International) at the Internal Revenue Service
  • Rafic Barrage, Partner, Baker & McKenzie
  • Rick Minor, VP & International Tax Counsel, USCIB
  • Robert Cusmano, Senior Director, Global Tax Policy, Procter & Gamble
  • Silke Bruns, Director for International Taxes, Federal Ministry of Finance, Germany
  • Thomas Bettge, Senior Manager, Washington National Tax, KPMG
  • Tobias Appl, Partner, EY
  • Tom Roesser, Tax Policy Counsel, Microsoft
  • Tracee Fultz, Global Transfer Pricing Leader, EY
  • Whitney Baird, President & CEO, USCIB
  • Will Morris, Global Tax Policy Leader, PwC
  • Yah Fang Chiam, Deputy Commissioner, Business Group, Inland Revenue Authority of Singapore

The 17th annual OECD USCIB International Tax Conference will be held on June 24-25, 2024 in Washington DC.

USCIB Cited in Inside US Trade on WTO E-Commerce Proposals

Published on November 7, 2023

USCIB was cited in a November 7 article by Inside U.S. Trade titled, “Business Groups United to Decry Shift Away From WTO E-Commerce Proposals.”

The article drew from a broad industry coalition letter, of which USCIB was a signatory, urging the Biden administration to reverse course following its decision to withdraw support for key digital trade proposals in World Trade Organization (WTO) talks on e-commerce. The letter argued the U.S. must continue to be a “global leader” on the issue to be able to push back on authoritarian regimes.

The letter was signed by more than 40 major business groups.

To access the full article, please visit Inside U.S. Trade’s World Trade Online and subscribe to their content.

USCIB Submits Comments for 2023 National Trade Estimate Report on Foreign Trade Barriers to U.S. Exports 

Published on October 30, 2023

This week, USCIB submitted comments concerning barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the annual National Trade Estimate (NTE) Report. 

Published yearly by the U.S. Trade Representative (USTR), the NTE Report provides a comprehensive review of significant foreign barriers to U.S. exports of goods and services, U.S.  foreign direct investment, and U.S. electronic commerce. USTR’s report aims to promote economic growth, human welfare, and environmental protection amid a growing global economy. 

USCIB’s comments concern 50 countries, covering a range of trade-related topics including data protection, market access, U.S. telecommunications trade agreements, digital trade, and agriculture. They discuss policy priorities for USCIB, its members, and industry, aiming to improve and streamline global trade and multilateral relationships. 

The section on China calls for greater market access for the ICT industry while recognizing the multifaceted and complex nature of U.S.-China relations. The section also criticizes cybersecurity in China and urges the nation to adopt stronger intellectual property (IP) and copyright protections. Additionally, for countries such as Argentina and Brazil, the report highlights the need for better compliance with international customs agreements, such as the World Trade Organization’s Trade Facilitation Agreement (TFA). New sections are also included on India import licensing, Vietnam electronic payment services and Indonesia customs duties on electronic transmissions. 

The comments also touch on issues such as sustainability and health. For example, the section on Mexico calls on policymakers to diminish hurdles for companies seeking to connect to the electricity grid and purchase clean and reliable energy. Similarly, the report criticizes Canada’s proposed ban on single-used plastic products through a CEPA-based regulatory approach, which will enact bans on the movement of used plastics destined for recycling or other sustainable uses. 

As the leading voice for U.S. business, USCIB hopes that its combined comments will highlight issues that challenge the open, fair, and rules-based international trade and investment system. USCIB thanks USTR and Ambassador Katherine Tai for its publishing of the NTE Report.