USTR Must Urge Canada and Mexico to Honor USMCA Commitments

USCIB joined the Alliance for Trade Enforcement (AFTE) to send a letter to U.S. Trade Representative Robert E. Lighthizer to ensure that Canada and Mexico abide by the commitment they have made in the United States-Mexico-Canada Agreement (USMCA) and treat U.S. interests fairly.

The letter stated: “We applaud the sentiments that you expressed in your recent congressional testimony about your willingness to seek dispute settlement on issues of importance to U.S. manufacturing, agriculture and service sectors where those countries fall short, including patent, trademark and market access issues impacting innovative industries from both new and longstanding policies and regulations in Mexico and Canada.”

The group noted support for Lighthizer’s attention to the full enforcement of IP commitments made in the USMCA which protects U.S. IP-intensive industries, such as patent linkages and provisions to protect against abuses of the regulatory review exception, as well as broader market access barrier to innovative products, namely the lack of approvals for imported agricultural biotech products. AFTE argued that Mexico’s failure to approve such products threatens both trade with Mexico and U.S. farmers’ access to important technologies; meanwhile, Canada’s Patented Medicine Prices Review Board continues to develop and implement unfair pricing and reimbursement regulatory schemes that don’t account for the cost of research and development of innovative treatments, which ultimately reduces incentives for American scientists and manufactures to research and develop new treatments.

AFTE however applauded the important leap forward made by the USMCA’s digital trade provisions, which include key commitments and significant improvements over prior agreements.

AFTE is a coalition of trade associations and business groups dedicated to ending foreign unfair trade practices that harm American businesses and workers and to ensuring that America’s trading partners are held accountable for the commitments that they have made to treat American goods and services fairly. AFTE members represent companies – both large and small – from across the economy, including the manufacturing, agriculture, and service sectors. AFTE supports actions and policies that encourage U.S. trading partners to open their markets, reduce barriers to trade, and provide effective protection and enforcement of intellectual property (IP) rights.

USCIB Comments on Negotiating Objectives for a US-Kenya Trade Agreement

Following the Administration’s recent notice to Congress that it is going to enter into negotiations with the Republic of Kenya for a U.S.-Kenya trade agreement, USCIB submitted comments on April 28 to offer its input on negotiating objectives.

USCIB’s comments offered support for a negotiation of a comprehensive trade agreement with Kenya as part of a broader strategy to open international markets for U.S. companies and remove barriers and unfair trade practices in support of economic growth and job creation.

“We strongly believe that free trade with Kenya is overwhelmingly in the interests of both countries and their global trading partners, provided that the agreement is a high standard and comprehensive bilateral trade and investment agreement,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl.

According to USCIB, reaching an agreement with Kenya is important for the United States because this would be the first trade agreement with a Sub-Saharan African country.

“Beyond Kenya, the Administration should continue ambitions to initiate trade negotiations with other African partners,” added Hampl.

USCIB stressed that a successful trade agreement with Kenya should be negotiated as a single, comprehensive agreement which covers comprehensive market access and national treatment for goods, services, investment and government procurement, and also addresses key rules issues as well.

Beyond Kenya, a high standard U.S.-Kenya FTA could serve as a benchmark for the further negotiation and implementation of the broader African Continental Free Trade Area Agreement (AfCFTA), parts of which entered into force in May 2019, and is viewed as a great step forward for African trade modernization.

IOE Hosts Digital Conference of COVID Impact on Global Trade, Supply Chains, Employment

The International Organization of Employers’ (IOE) hosted a digital conference on the impact of COVID-19 on global trade, supply chains and employment on April 8. The conference addressed the “pause button” placed on the global economy in efforts to limit the spread of the COVID-19 pandemic and endeavored to answer questions such as: whether trade activities will return to normal, how many jobs will be lost, whether companies can continue producing and whether global production chains will be revamped after the crisis.

USCIB Senior Director, Investment Trade and Financial Services Eva Hampl participated as a speaker.

In her comments, Hampl emphasized the importance of maintaining an open trade and investment climate, pointing to these conditions as being necessary to rebuild the economy post crisis.

“USCIB is working with our various partners and affiliates to develop policy that looks toward addressing the current problems, but also retaining the structures that work, and rebuilding those that were affected by the crisis,” said Hampl. “Right now the global economy is still in triage and international cooperation is key at this moment. High level statements like the G20 leaders’ statement committing to work with the World Health Organization (WHO), International Monetary Fund (IMF), World Bank, United Nations and others to address the crisis, or the World Trade Organization (WTO) and World Customs Organization (WCO) coming together in a joint statement pledging to work together to facilitate trade in essential goods such as medical supplies, food and energy, are necessary and welcome to business at this time. As the global economy deals with this crisis and looks to rebuilding, business will be a key driver and partner of the recovery process.”

Lithuanian Business Delegation (ICC Lithuania) Visits USCIB

The Lithuanian Business Confederation (LVK or ‘ICC Lithuania’) visited USCIB’s New York office on February 3 to meet with USCIB’s President and CEO Peter Robinson and other policy staff. LVK’s General Manager Andrius Nikitinas, Project Director Gabrielė Gaubienė and Senior Policy Advisor Ineta Rizgelė led the delegation of over twenty LVK member representatives.

With a membership base consisting mostly of Small and Medium Enterprises (SMEs), the Lithuanian companies and industries represented included architecture, residential and commercial design, solar panel manufacturing, mattresses, software for cargo transportation and food.

“We appreciated the opportunity to meet with our ICC Lithuania partners,” noted USCIB President and CEO Peter Robinson. “The meeting allowed us to better understand each other’s structures, policy priorities and target audiences.

 

 

New OECD Deputy Secretary General Meets With USCIB

L-R: OECD Deputy Secretary General Ulrik Vestergaard Knudsen; Head of the OECD’s Washington office Will Davis

USCIB members and staff had the opportunity to meet with the new Organization for Economic Cooperation and Development (OECD) Deputy Secretary-General Ulrik Vestergaard Knudsen on November 5 at the USCIB Washington DC office. Knudsen’s diverse policy portfolio at the OECD includes science, technology and innovation, trade and agriculture, the OECD Center for Entrepreneurship, SMEs, as well as regions and cities.

The dialogue between Knudsen and USCIB members focused on areas of mutual interest such as taxation policy, including the pressing issue of digital taxation, as well as cross-border data flows, healthcare, trade and investment, digital trade, and the Going Digital Project. Knudsen also mentioned Artificial Intelligence (AI) as an increasingly important issue for the OECD and the establishment of the OECD AI Policy Observatory, which will help countries nurture and monitor the responsible development of trustworthy AI systems for the benefit of society.

L-R: Norine Kennedy (USCIB), Will Davis (OECD Washington), Ambassador Ulrik Vestergaard Knudsen (OECD), Peter Robinson (USCIB), Eva Hampl (USCIB), Rob Mulligan (USCIB)

USCIB members from Microsoft, IBM, General Electric, CropLife America, Walmart and others, benefited from the opportunity to hear directly from OECD leadership regarding the OECD’s priorities as well as an update on the OECD accession process. USCIB participants underlined the importance of maximizing access for business and other responsible stakeholders in all OECD committee meetings.

“We are grateful that DSG Knudsen took the time to meet with U.S. business,” said USCIB Senior Vice President for Policy and Government Relations Rob Mulligan. “USCIB staff and members always appreciate an opportunity to provide perspectives to the OECD staff and secretariat to help inform the OECD’s science-based policy recommendations.”

USCIB is the U.S. national committee of Business at OECD (BIAC).

USCIB Announces Launch of a Biodiversity Working Group

Responding to intergovernmental policy discussions on biodiversity, their implications for American companies, and the opportunity for private sector nature-based solutions, USCIB has announced the launch of a new multi-committee Working Group on Biodiversity. The Working Group is drawn from USCIB’s Environment, Intellectual Property and Innovation and Food and Agriculture committees to reflect the cross-cutting nature and impacts of proposed policies for U.S. companies doing business in global markets. It will begin its work in early November, with a focus on tracking and disseminating business-relevant information about the United Nations Convention on Biological Diversity (UN CBD) negotiations to interested USCIB members.

According to USCIB Vice President for Energy, Environment and Strategic International Engagement Norine Kennedy, this new group will also provide a platform to work with the International Chamber of Commerce (ICC) Access and Benefit Sharing (ABS) Working Group, the Global Industry Coalition and other business initiatives related to biodiversity. The Biodiversity Working Group will also facilitate USCIB representation at UN CBD meetings (by both members and USCIB staff) and support the development of USCIB positions as needed.

“The UN CBD is developing a post-2020 biodiversity framework, which will feed into the UN Sustainable Development Goals,” noted Kennedy. “We hope to use this new platform to work with our international partners, such as ICC, to ensure that governments adopt policies that encourage business innovation and include business in future discussions.”

USCIB is planning to attend a workshop on November 6 in Madrid, organized by ICC and Business for Nature Consultation. Workshop participants will discuss and develop draft policy recommendations to governments that are needed to further scale-up existing actions and commitments taken by business to reverse nature loss and restore natural systems.

 If you are a USCIB member interested in joining this Working Group, please contact USCIB Vice President for Energy, Environment and Strategic International Engagement Norine Kennedy.

Private Sector Led Active Role at FAO Meetings on Food Security

46th Session of the CFS, Rome. Copyright ©FAO.

USCIB and its members participated in the bilateral meetings at the Food and Agriculture Organization (FAO) 46th Session of the Committee on World Food Security (CFS) the week of October 14 in Rome to discuss the private sector’s commitment to ending hunger, malnutrition and food insecurity for all.

“It was a very successful week in Rome,” said USCIB Vice President for Product Policy and Innovation Mike Michener, who leads USCIB’s work on food and healthcare policy. “This year’s meeting of the Private Sector Mechanism (PSM) was the largest and most diverse delegation to date, with 211 farmers, agri-businesses and youth representatives from forty-five countries. USCIB looks forward to furthering its work on nutrition policy and working more closely with these stakeholders.”

The USCIB delegation, led by Michener, participated in several bilateral meetings with U.S. Ambassador Kip Tom, Dutch Ambassador Hans Hoegeveen, the Mission of Italy to the UN, the German delegation from Berlin, and the Secretariat of the New Economic Partnership for Africa’s Development (NEPAD). In addition to these meetings, PSM members organized five side-events on the topics of nutrition, agroecology and innovation, multi-stakeholder partnerships and youth. These side-events were attended by over 900 CFS delegates. This year PSM also participated in the World Food Day activities at FAO.

The PSM is a network that coordinates input from business into the UN Committee on World Food Security. This year’s delegation included representatives from USCIB members including Bayer USA, CropLife International, International Food & Beverage Alliance (IFBA), Mars and PepsiCo.

USCIB Partners With Deloitte, IOE to Launch Report about SDG 8 on Decent Work

Patricia Buckley of Deloitte explained the report’s findings.

While global leaders meet in New York this week for the annual United Nations High-Level Political Forum (HLPF), USCIB partnered with Deloitte and the International Organization of Employers to launch a new study that shows the critical role the private sector will play in meeting Sustainable Development Goal (SDG) 8, which calls for promoting “sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.”  According to some experts, the success of the entire SDG agenda depends to a large extent on achieving SDG 8.

The event was attended by corporate leaders from Fortune 500 companies, small business company executives, top UN officials, the heads of USCIB and IOE to map out the path to increase private sector investment in SDG 8 targets.The report Reaching SDG8: Challenges, Opportunities and Risks provides detailed data analysis on current progress towards meeting the targets of this goal.

USCIB President and CEO Peter Robinson launched the discussions. “There is an urgent need to develop new and inclusive partnership models that engage business and other non-state actors as equal partners with government,” said Robinson. “This model will embrace innovation, mobilize resources and expertise, and create shared accountability and value.”

According to the report, “the findings are discouraging, as the rate of global progress has, so far, not kept pace with the ambitions of the 2030 Agenda. Very little success has been achieved on […] increasing employment opportunities, especially for the young workforce; reducing informal employment, labor market inequality, and gender discrimination; improving resource efficiency in consumption; promoting safe and secure working environments; and improving access to financial services.”

IOE President Erol Kiresepi, who attended the launch event, also provided his insight in a recent blog post, in which he warns that the global community has just over a decade to ratchet up action or run the risk of failing to achieve this ambitious development agenda with devastating consequences. “To bridge the gap between the aspirational and actions on the ground, employer and business member organisations can play a pivotal role,” writes Kiresepi. “Employer organizations worldwide have long and deep experience in translating development agendas into corporate strategies and frameworks.”

In discussing the results of the report, Patricia Buckley, managing director for economics at Deloitte U.S., highlighted “how little progress has been made on most of SDG 8 targets – targets which called for a variety of improvement ranging from increasing skills and reducing informal employment to improving resource efficiency and expanding access to financial services for all.”

USCIB Washington Update: May – June, 2019

During the months of May and June 2019, USCIB Staff met with Angela Ellard, House Ways & Means Minority Chief Trade Counsel, Christa Brzozwski, DHS, Nick Gardner, US Dairy Export Council, and Martin Kreienbaum, German Federal Ministry of Finance, issued recommendations on the WTO e-Commerce negotiations, hosted the 14th Annual OECD International Tax Conference, and much more. Below are summaries of these and other highlights from the activities of USCIB in Washington, D.C. over the last three months. If you have any questions or comments, or want more information on a specific topic, please contact any of the staff members listed at the end of this brief.

Table of Contents:

  1. Trade and Investment – Opening Global Markets for Trade and Investment
  1. ICT Policy – Promoting Sound Policies for New Technologies
  1. Tax – Advancing Tax Policies that Promote U.S. Competitiveness
  1. Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices
  1. Anti-Illicit Trade – Promoting Strong International AIT Leadership and Advocating a Comprehensive and Multi-Disciplinary Approach to AIT
  1. Food and Agriculture – Promoting an Open and Efficient Global Food System by Providing Industry Expertise
  1. China – Supporting Policies and Relationships that Enhance U.S.-China Business

  1. Competition – Creating Global Legal Practices for an Open and Competitive Business Environment
  1. Membership
  2. Upcoming Events
  3. Staff List

 Trade and Investment – Opening Global Markets for Trade and Investment 

Angela Ellard, House Ways & Means, Briefs USCIB Trade Committee: At the June 20 meeting of the USCIB Trade and Investment Committee members received a briefing from Angela Ellard, Minority Chief Trade Counsel, House Ways & Means Committee. She shared her immediate impressions of Ambassador Lighthizer’s hearing the day prior, indicated that USMCA is a top priority and responded to questions on a range of other trade issues. This was followed by a briefing from Nick Ashton Hart of the Digital Trade Network, who called into the meeting directly after the conclusion of the WTO E-Commerce negotiations in Geneva. The most recent round of negotiations took place from June 18-20. Nick was able to provide an in depth, off-the-record briefing on the negotiations as the only business representative present in the room for the negotiations.

USCIB Statement on WTO e-Commerce Negotiations: In early June, USCIB issued Recommendations on the WTO e-Commerce negotiations, reflecting member priorities and goals for the negotiations, which had their first round in May. At the December 2017 WTO ministerial in Buenos Aires, 71 countries agreed to begin discussing new global rules to facilitate the expansion of the digital economy. The negotiations were formally launched in January with a joint statement by 76 countries, including the United States, in Davos at the World Economic Forum. As of the most recent round, the joint statement initiative now includes 78 WTO members, representing 90% of global trade. USCIB encouraged negotiators to focus on trade facilitation, services, digital trade, and transparency and trust. In addition to this paper, USCIB is actively engaging in the negotiations in Geneva via various efforts, including the Digital Trade Network and the International Chamber of Commerce.

Robinson on the Road (1): OECD and “Business at OECD” Annual High-Level Sessions: USCIB President/CEO Peter Robinson was one of the leaders of the Business at OECD (BIAC) delegation participating in the OECD’s annual Ministerial session in Paris May 22-23. Peter also attended the OECD’s pre-Ministerial Forum and was able to have a series of bilateral meetings with senior government representatives from the U.S. and other OECD countries, senior OECD officials including Secretary General Gurria and the newly-appointed Deputy Secretary General from the U.S., Jeffrey Schlagenhauf. Peter also attended, along with Business at OECD Vice Chair Rick Johnston (Citi), the annual BIAC General Assembly of its 30 national committees members and the 5th annual B20/G20/BIAC/OECD dialogue session ahead of the June G20 Osaka Summit, an opportunity for business to share recommendations to the G20 leaders and Sherpas.

Robinson on the Road (2): ICC High-Level Meetings: The following week, May 28-29, in Paris Peter Robinson shifted into International Chamber of Commerce (ICC) mode, representing USCIB at the ICC’s “Permanent Heads” meeting (i.e. Peter’s National Committee head counterparts from around ICC’s broad global network) and the ICC “World Council”. A special “Knowledge Solutions” session was held, at which ICC Secretary General John Denton and his leadership team laid out their vision, priorities, and structure for the organization, and which also included leadership representatives from some of ICC’s policy Commissions. A special ICC Centenary Summit was held to mark ICC’s 100th year, which was addressed by senior governmental and intergovernmental officials and at which previous ICC Chairmen and Secretaries-General were present.

Robinson on the Road (3): Geneva and London – ILO Leadership and Partnership with ICC-UK: after a short break at home, Peter was off to Geneva to participate, June 17-18, along with USCIB Vice President Gabriella Rigg Herzog, Senior Counsels Ronnie Goldberg and Tom Mackall, and several USCIB member company representatives in events at and around the International Labor Organization’s (ILO) ten-day centennial International Labor Conference. While in Geneva, Peter attended the Presidents Forum of the International Organization of Employers (IOE) and was a featured panelist, along with ILO DG Guy Ryder, WTO DG Roberto Azevedo, World Bank SVP Mahmoud Mohieldin, OECD Chief of Staff Gabriela Ramos, ITUC DG Sharan Burrow and others at an ILO event on “Multilateralism for an Equitable Future of Work.” Peter was also able to have a series of very useful informal bi-laterals with key government and international organization leaders. Peter then stopped in London on his way home, joining a panel at ICC-UK’s annual general meeting, presenting USCIB views on the future of the WTO, the multilateral trading system, and the just-launched WTO e-commerce negotiations. Peter also was invited to join and speak to ICC-UK’s Board meeting about current USCIB/ICC-USA priorities.

Hampl Discusses China and USMCA at Investor Conference: USCIB Senior Director, Investment, Trade and Financial Services, Eva Hampl, spoke on a panel entitled Trade & Tariffs – Today & Tomorrow at the annual MLP & Energy Infrastructure Conference (MEIC 2019) in Las Vegas, May 14-16. The panel, which also included Colin Bird from the Embassy of Canada and Karen Antebi from the Embassy of Mexico, provided a macro perspective on current trade issues. The discussion focused on various issues surrounding China, the importance of the U.S. trade relationship with Mexico and Canada, including the U.S. Mexico Canada Trade Agreement (USMCA), and other trade issues.

Donnelly Meets with Swiss Government Official: USCIB Vice President Shaun Donnelly met May 14 with visiting senior Swiss Government official, Phillippe Nell, Director for the Americas in the State Secretariat for Economic Affairs (“SECO”), to exchange views on a range of bilateral and global trade and economic issues, including WTO reform, China, new U.S. national security review procedures for incoming Foreign Direct Investment (FDI), and possibilities for a U.S. – Switzerland trade agreement.

USCIB Board of Directors Focuses on Trade Policy Developments: USCIB’s Board of Directors at its Spring meeting in New York City on May 15, had a wide-ranging discussion of key trade issues. The Board focused on issues including “section 232” national security reviews of imported steel, aluminum, and automobiles; prospects for congressional approval of the U.S./Mexico/Canada Agreement (USMCA); U.S.-China trade tensions; as well as WTO priorities, negotiation of an e-commerce agreement and institutional reform of the WTO. The Board endorsed the leadership role and the strong policy positions USCIB’s Trade and Investment Committee have been articulating.

USCIB Leading Business Voice on UNCITRAL Negotiations on Investment Agreement “Reform”: USCIB staff members have been meeting regularly with U.S. government investment negotiators and lawyers participating in the negotiations under the auspices of the UN’s Commission on International Trade Law (UNCITRAL) Working Group 3. Those discussions of possible revisions to the vast network of 3000+ Bilateral Investment Treaties (“BITs”) as well as investment chapters in Free Trade Agreements (FTAs) around the world are zeroing in on key enforcement details, the Investor-State Dispute Settlement “ISDS” provisions. On April 29, USCIB staff met with the key US negotiators from the State Department and the office of the U.S. Trade Representative to review developments. On May 23, USCIB Vice President Shaun Donnelly was a rare business participant amidst a sea of lawyers in the discussion of the UNCITRAL negotiations at the open public meeting of the State Department’s Advisory Committee on Private International Law. USCIB is continuing to urge the U.S. Government and other participants to maintain strong substantive investment protections as well as enforcement provisions.

ICT Policy – Promoting Sound Policies for New Technologies

 USCIB Members Shape Launch of OECD Review of 2013 Privacy Guidelines, Advance Work on Security, Data Governance, & Communications Issues: Business should assume responsibility for the privacy of data through its life cycle by conducting rigorous and documented risk assessments and mitigation, ensuring transparency through both internal and external audits, continually monitoring and testing to prevent gaps, and generally going above and beyond what is required by law. This was an important message delivered USCIB members who participated in a special OECD workshop on May 6 aimed at a advancing the mandated five-year review of the 2013 OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (the “Privacy Guidelines”). The May 6-7 meetings of the Committee on Digital Economy Policy (CDEP) Working Party Security and Privacy in the Digital Economy (SPDE), also moved forward work focused on revising an OECD Recommendation on the Protection of Children Online, developing principles for access to and sharing of data, advancing the Global Forum for Digital Security for Prosperity, and adopting the draft Recommendation on Artificial Intelligence. AT&T provided a critical review of the OECD’s work on bundled communication price baskets, which was considered at the May 7 meeting of the Working Party on Communication Infrastructures and Services Policy (CISP).

USCIB Convenes Meeting with Co-Director of the UN High Level Panel on Digital Cooperation Secretariat: USCIB convened a private, luncheon discussion on June 13 with Ambassador Amandeep Gill, Co-Director of the UN High-Level Panel on Digital Cooperation (HLPDC) Secretariat. The meeting was especially timely since the HLPDC report, The Age of Digital Interdependence, was hot off the press having been issued on June 10. USCIB members reiterated key points in our November 2018 and January 2019 submissions, urging a “holistic approach” to digital policy that went beyond use of digital technologies by the information, communications, and technology (ICT) sector, and considered how ICTs can serve as enablers for innovations across all sectors, such as in healthcare, education, finance, and energy, to name a few. Members cautioned against creating duplicative Internet governance mechanisms, urged increased resources to support the Internet Governance Forum (IGF), and encouraged the HLPDC to integrate the OECD’s work on Artificial Intelligence and digital transformation as well as draw upon initiatives of standards organizations, such as the IEEE.

USCIB Engages with U.S. Department of Justice and State about International Initiatives Focused on Cybercrime and Cybersecurity: The June 13 meeting of the ICT Policy Committee featured discussions with Department of Justice officials about efforts currently underway to negotiate an additional protocol to the so-called Budapest Convention on Cybercrime. The changes are aimed at bringing the Convention up to date with developments in the digital economy, improve on the current Mutual Legal Assistance Treaty (MLAT) approach, and generally expand international cooperation to pursue various computer crimes. An important over-arching theme was that cybercrime (e.g. fraud and other crimes involving computers) should not be conflated with cybersecurity, the latter of which centers on the protection of networks. Complementing the cybercrime discussion, USCIB members explored with key State Department officials the latest developments in the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications (GGE), which enjoys U.S. support. The GGE is structured to convene regular institutional dialogue on cybersecurity issues as well as bilateral and regional discussions that feed into the UN General Assembly. In the run-up to the 73rd session of the UN General Assembly, however, the Russian Government put forward a competing proposal for a cybersecurity-focused Open-Ended Working Group (OEWG). The U.S. Government abstained on grounds that the OEWG’s work likely will be strongly influenced by Russia’s support for mechanisms to censor online content. Nevertheless, the OEWG kicked off an organization meeting on June 3 and likely will proceed ahead of the GGE process. The State Department speaker informed USCIB members that stakeholders accredited by ECOSOC may participate in the OEWG as observers; the GGE is a multilateral process involving governments only.

USCIB Members Advocate for Timely Development of a GDPR-Compliant Uniform Access Model (UAM) for Nonpublic Registration Data at ICANN 65: ICANN 65’s policy-focused meeting wrapped up on June 27 in Marrakech, Morocco. Barbara Wanner, USCIB Vice President for ICT Policy, and members from AT&T, Amazon, BT, Facebook, Google, Microsoft, The Walt Disney Company, and VeriSign, joined participants from the multi-stakeholder community to address key policy issues in management of the domain name system. For the past year, USCIB members have been contributing actively to an Expedited Policy Development Process (EPDP) to develop a formal policy to ensure that ICANN and the industry of more than 1,000 generic top-level domain (gTLD) registries and registrars meet existing ICANN contractual requirements concerning the collection of and access to registration data as well as comply with the EU General Data Protection Regulation (GDPR). The EPDP’s Phase 1 Final Report was issued earlier this year, which contained 29 policy recommendations. USCIB members who participate in the ICANN’s Business and Intellectual Property Constituencies used the Marrakech meeting to underscore the importance of moving expeditiously in “Phase 2.” This phase will focus on designing a Uniform Access Model (UAM) to enable third-party access to non-public WHOIS data for legitimate law enforcement, consumer protection, brand management, and intellectual property (IP) protection purposes. Wanner serves on the Business Constituency’s Executive Committee.

Tax – Advancing Tax Policies that Promote U.S. Competitiveness

USCIB Holds Successful Tax Conference with the OECD and Business at OECD: The fourteenth annual OECD/USCIB Tax Conference took place on June 3rd and 4th at the Four Seasons in Washington, DC. The conference focused on the taxation of the digitalizing economy and provided the first opportunity for business and governments to discuss the OECD’s work program. The conference also considered treaty issues and the tax implications of Brexit. Tax Committee Chair, Bill Sample, and Vice Chairs, Tim McDonald, Louise Weingrod, and Will Morris represented business views at the conference. Economist Ngozi Okonjo-Iweala’s keynote remarks focused on ways to improve the tax capacity of emerging markets, which are expected to receive a growing share of global private-sector investment in the years ahead

Other panelists and speakers at this year’s conference included:

  • Pascal Saint-Amans, director of the OECD Center for Tax Policy & Administration
  • Martin Kreienbaum, director general for international taxation, German Ministry of Finance
  • Chip Harter, deputy assistant secretary for international tax affairs, U.S. Treasury
  • Dr. Ngozi Okonjo-Iweala, an economist and former finance minister of Nigeria
  • Doug O’Donnell, commissioner of the Large Business and International Division, IRS
  • Mike Williams, director of business and international tax, HM Treasury (UK).

USCIB Tax Committee Meets in Conjunction with OECD/USCIB Tax Conference: The USCIB Tax Committee met with Martin Kreienbaum, which afforded committee members a deep dive on some of the issues discussed at the Tax Conference. The committee also considered ways to provide input into the OECD work program and recent guidance on Tax Cuts and Jobs Act.

Carol Doran Klein Represents Business Views at the Pacific Rim Tax Conference in Palo Alto: USCIB’s tax expert Carol Doran Klein presented at the ninth annual Pacific Rim Tax Conference on Digital Economy Tax Issues, held May 9-10 in California. Doran Klein’s panel covered the ongoing work on taxation of the digitalizing economy at the Organization for Economic Cooperation (OECD) and the United Nations. The panel provided an overview of the background including Action 1 of the OECD’s Base-Erosion and Profit Shifting (BEPS) project, digital services taxes and other unilateral interim measures, and the different options under consideration at the OECD.

USCIB Submits Comments to Regulators: USCIB submitted comments on proposed regulations on Foreign Derived Intangible Income and on draft UN transfer pricing guidance. The comments can be found under the recent accomplishments section of our web page.

Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices

USCIB and U.S. Chamber Hold WCO E-Commerce Industry Day Meeting: On May 21, 2019, USCIB members along with many U.S. government agency partners (CBP, DHS, USTR, State, Treasury), and non-member associations working on customs issues (IRU, US Fashion Industry Association, American Association of Importers and Exporters), came together to discuss the WCO E-Commerce Framework of Standards. The meeting was led by Christa Brzozwski of DHS, and Customs and Trade Facilitation Committee Chair, Jerry Cook of Hanes brand. The goal of the meeting was to ensure that the USG have enough “industry” support for their positions going into the June Policy Commission Meeting and it was felt that this goal was achieved.

Anti-Illicit Trade – Promoting Strong International AIT Leadership and Advocating a Comprehensive and Multi-Disciplinary Approach to AIT

USCIB Anti-Illicit Trade Committee Talks FTZ Legislation: On June 10, 2019, USCIB hosted Paul Massaro, Policy Advisor for the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Gary Kalman, Executive Director for the Financial Accountability and Corporate Transparency (FACT) Coalition to discuss future FTZ legislation and the Corporate Transparency Act. Massaro explained how the Helsinki Commission has engaged and become a part of the US task force on illicit trade while Kalman elaborated on the international development of the FACT coalition within the illicit finance background. At the meeting, Megan Giblin and David Luna, Committee Chair, provided updates on AITC partnerships including possible FTZ workshop, meetings with State and APEC, as well as beginning discussions with ICC BASCAP.

Food and Agriculture – Promoting an Open and Efficient Global Food System by Providing Industry Expertise

USCIB Holds Joint Food and Agriculture and Health Care Committee Meeting: On June 5, 2019, Nick Gardner, Director, Codex and International Regulatory Affairs at the US Dairy Export Council, met with USCIB members to provide a detailed overview and insight into Codex Alimentarius and its involvement with food safety. Gardner emphasized the overarching issue with WHO and FAO jointly administering Codex, which poses several challenges, such as major trade implications and access to new markets/trade to existing markets. Additionally, at the meeting, Mike Michener discussed important upcoming events, including the ECOSOC High Level Political Forum (July 9-18) and the UN General Assembly (September, 17-30).

China – Supporting Policies and Relationships that Enhance U.S.-China Business

 USCIB Submits Comments on China Tariffs and Hampl Testifies: USCIB submitted comments on June 17 to the office of the United States Trade Representative (USTR) on the proposed modification to Section 301 regarding China’s policies and practices related to technology transfer, intellectual property and innovation. The submission expressed concern that proposed tariffs on essentially all Chinese imports will stifle the U.S. economy and will not achieve the Administration’s goal of changing China’s behavior. Eva Hampl, Senior Director for Investment, Trade and Financial Services testified on these issues before the Section 301 Committee on June 21 as part of a hearing spanning 7 days and with over 300 witnesses. USCIB also joined with the Tariffs Hurt the Heartland Coalition, alongside 661 other companies and association, to send a letter to President Trump on June 13 urging the administration to negotiate a strong deal with China that addresses longstanding structural issues, improves U.S. global competitiveness and eliminates tariffs.

Competition – Creating Global Legal Practices for an Open and Competitive Business Environment

USCIB Urges Reversal of 1-800 Contacts FTC Ruling: USCIB filed an amicus brief with regards to 1-800 Contacts, Inc. case to highlight the challenges American businesses would face under the recent Federal Trade Commission’s (FTC) decision’s approach to antitrust liability for trademark settlements, and explain the potential negative impacts the decision would have on businesses, consumers and competition if left to stand. Earlier this year, the FTC decided to impose antitrust liability against 1-800 Contacts, the largest online retailer of contact lenses in the U.S., on the basis that 1-800 Contacts’ settlements of trademark infringing lawsuits against at least fourteen competing online contact lens retailers restricted trade. Among other things, USCIB’s amicus argues that the Commission’s decision ignores the critical importance to business of intellectual property rights and its enforcement and would unfairly require the lawful exercise of such rights to a higher pro-competition standard.

Membership

Membership Meetings: The USCIB membership department and policy staff met with representatives from member companies Nissan North America, Expedia, Astellas, and American Express to develop our understanding of their policy priorities for the next year and beyond, and to see how USCIB can better serve their policy needs. In addition, the USCIB membership department and USCIB President and CEO Peter Robinson met with representatives from member companies AT&T and Intel Corporation.

New Members: USCIB has recently welcomed Palo Alto Networks as a new member.

Upcoming Events:

  • OECD Committee on Digital Economy Policy, Paris, France – July 1-2
  • UN High-Level Political Forum on Sustainable Development (HLPF), New York, NY – July 9-18
  • USCIB Customs and Trade Facilitation Committee Meeting, Washington, DC – July 10
  • USCIB Foundation-IOE-Deloitte SDG Summit, New York, NY – July 17
  • US Customs & Border Protection 2019 Trade Symposium, Chicago, Illinois – July 23-24
  • Internet Governance Forum USA (IGF-USA), Washington, DC – July 25
  • Meeting of APEC Electronic Commerce Steering Group and Data Privacy Subgroup, Puerto Varas, Chile – August 18-21
  • Preparing for the Future of Work: A USCIB Foundation Dialogue, Washington, DC – September 5
  • 11th Annual Engaging Business Forum on Business and Human Rights, Atlanta, Georgia – September 12-13
  • World Radiocommunication Conference (WRC), Sharm El Sheikh, Egypt – October 28-November 22
  • ICANN 66, Montreal, Canada – November 2-7
  • Meetings of the OECD Committee on Digital Economy Policy (CDEP) and its Working Parties, Paris France – November 18022
  • 14th Internet Governance Forum (IGF), Berlin, Germany – November 25-29

 

USCIB Policy and Program Staff

Rob Mulligan
Senior Vice President, Policy and Government Affairs
202-682-7375 or rmulligan@uscib.org

Erin Breitenbucher
Senior Policy and Program Associate and Office Manager, Washington
202-682-7465 or ebreitenbucher@uscib.org

Jonathan Huneke
Vice President, Communications and Public Affairs
212-703-5043 or jhuneke@uscib.org

Shaun Donnelly
Vice President, Investment and Financial Services
202-682-1221 or sdonnelly@uscib.org

Norine Kennedy
Vice President, Strategic International Engagement, Energy and Environment
212-703-5052 or nkennedy@uscib.org

Megan Giblin
Director, Customs and Trade Facilitation
202-371-9235 or mgiblin@uscib.org

Carol Doran Klein
Vice President and International Tax Counsel
202-682-7376 or cdklein@uscib.org

Ronnie Goldberg
Senior Counsel
212-703-5057 or rgoldberg@uscib.org

Mia Lauter
Policy and Program Associate, New York
212-703-5082 or mlauter@uscib.org

Daniella Goncalves
Assistant Policy and Program Manager, Corporate Responsibility and Labor Affairs
212-703-5083 or dgoncalves@uscib.org

Mike Michener
Vice President, Product Policy and Innovation
202-617-3159 or mmichener@uscib.org

Eva Hampl
Senior Director, Investment, Trade and Financial Services
202-682-0051 or ehampl@uscib.org

Chris Olsen
Policy and Program Associate, Washington
202-617-3156 or colsen@uscib.org

Gabriella Rigg Herzog
Vice President, Corporate Responsibility and Labor Affairs
212-703-5056 or gherzog@uscib.org

Kendall Thibeadeau
Policy and Program Associate, New York
212-703-5095 or kthibeadeau@uscib.org

Ashley Harrington
Policy and Program Associate, Washington
202-682-5861 or aharrington@uscib.org

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Alison Hoiem
Senior Director, Member Services
202-682-1291 or ahoiem@uscib.org

Kira Yevtukhova
Communications Manager
202-617-3160 or kyevtukhova@uscib.org

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US Business Launches ‘All In’ Initiative to Advance Business Engagement for Global Goals Implementation

Geneva Week roundtable

USCIB partnered with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to convene the first ‘All In’ Roundtable on Inclusive Multilateralism, Sustainable Development Goals (SDGs) and Business. USCIB’s ‘All In” Initiative seeks to launch a global conversation on how to strengthen dialogue, partnership and engagement with business to advance implementation of 2015 outcomes.

Over fifty participants from Geneva-based diplomatic missions, UN bodies, NGOs and business joined the event, including:

  • UN High Commissioner for Human Rights Michelle Bachelet
  • Chargé d’affaires, ad Interim, of the U.S. Mission to the United Nations and Other International Organizations Mark Cassayre
  • Secretary General of the International Labor Organization (ILO) Guy Ryder
  • Secretary General of the UN Conference on Trade and Development (UNCTAD) Mukhisa Kituyi
  • UK Ambassador to the UN in Geneva Julian Braithwaite
UN High Commissioner for Human Rights Michelle Bachelet speaks at the All In Roundtable

Expert panelists from the World Intellectual Property Organization (WIPO),UNICEF, the International Union for the Conservation of Nature (IUCN), the UN Global Compact and the Partnering Initiative reflected on two themes that were raised in All In Discussion Starter papers:

Public Private Partnerships with the UN – Designing for SDG impact

Leveraging public private sector cooperation on technical and scientific knowledge for targeted SDG implementation

“The event highlighted the diverse variety of working arrangements to engage with non-state actors and the private sector,” said USCIB Vice President for Strategic International Engagement, Environment and Energy Norine Kennedy. “Through the “All In” initiative USCIB will draw on its long experience in the multilateral system to highlight what has worked well and to flag areas where further partnership, improvement and strengthening are needed to speed up and scale SDG impact. “

Further ‘All In’ roundtables are planned for Bangkok and other UN cities, on additional themes, including metrics for impact, infrastructure investment for SDG action and economic empowerment and inclusion. Based on this series of discussions throughout 2019, ‘All In’ will develop a 2020 Action Plan for Inclusive Multilateralism.

The ‘All In’ roundtable took place in conjunction with USCIB’s second annual Geneva Week, May 6-9.