USCIB Statement on the WTO’s New Director-General

Photo credit: Martial Trezzini/EPA, via Shutterstock

New York, N.Y., February 08, 2021: The United States Council for International Business (USCIB), which represents many of America’s leading global companies, welcomed news ​of the Biden administration’s decision to support Dr. Ngozi Okonjo-Iweala as the new Director-General of the World Trade Organization (WTO). This decision is indicative of a shift in U.S. support for the WTO and its view of the criticality of the multilateral trading system. Further, the decision has been viewed as an affirmation of the U.S. commitment to constructively address substantive and procedural reforms.

Dr. Okonjo-Iweala, who will be the first woman to lead the organization, has shared that she intends to take a more active role as Director-General and to act as a sounding board to try to find common ground among the trade body’s disparate membership. Since the departure of former Director-General Roberto Azevedo in August of 2020 and the prior refusal of the U.S. to support Dr. Okonjo-Iweala, the ​future leadership of the WTO has been uncertain.

“Open trade and global value chains are fundamental drivers for recovery from the current global crisis,” said USCIB Senior Vice President for Innovation, Regulation, and Trade Brian Lowry. “Once formally approved by the WTO General Council, Dr. Okonjo-Iweala will have the opportunity to lead the organization into a new era of increased action and inclusive multilateralism.”

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development, and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Announces 2021 Priority Issues for Asia-Pacific Economic Cooperation (APEC)

Washington D.C., January 5, 2020 — The United States Council for International Business (USCIB), which represents many of America’s leading global companies, appreciates and welcomes the committed partnerships that the Asia-Pacific Economic Cooperation (APEC) has established with the private sector to address the many economic, trade and regulatory opportunities available to foster greater integration between APEC’s twenty-one member economies. Each year, USCIB issues a statement outlining priorities and recommendations that USCIB and its members would like to see advanced in that particular APEC year; we are pleased to announce and make available our 2021 APEC Priority Issues and Recommendations paper:

USCIB commends the leadership of Malaysia in 2020, particularly under the challenging circumstances of adjusting to virtual meetings in the face of an unprecedented global pandemic. Our members see the New Zealand host year as an important opportunity to continue essential work in APEC working groups and to set topics for major outcomes and deliverables. USCIB members are eager to learn more about key initiatives for New Zealand during its host year and how business can help achieve these initiatives. Further, USCIB members are looking forward to Thailand’s host year in 2022. We stand ready to provide relevant inputs into the establishment of goals and objectives. The policy priorities of USCIB reflect our longstanding and overarching objectives of promoting open markets, competitiveness and innovation, sustainable development, and corporate responsibility. The priorities and recommendations detailed in this document are practical recommendations that can be taken to address some of the challenges for governments and businesses in the APEC region.

There remain ongoing global business concerns that the U.S. government and APEC Business Advisory Council (ABAC) members should consider as they identify priorities for the upcoming year. USCIB members have identified key issues that are detailed in this paper. We view this APEC Priority Issues and Recommendations policy paper as a “living document”, which is updated on an annual basis at the time of the CEO Summit, and as necessary following Senior Official Meetings throughout the year. The priorities in this statement are not exhaustive, in many cases they are “living issues”, and we will continue to work with our members on emerging and developing issues. We would be pleased to address any questions and discuss any of these recommendations in greater detail.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

USCIB Encourages Biden Environmental Nominees to Engage on Multilateral Issues

New York, N.Y., December 18, 2020: The United States Council for International Business (USCIB) issued a statement today by its President and CEO, Peter Robinson, commending the nominations of Michael Regan, for Administrator of the U.S. Environmental Protection Agency (US EPA) and Brenda Mallory to lead the White House Council on Environmental Quality (CEQ).

“USCIB members are strongly committed to advancing environmental protection through innovation and investment in the global marketplace. We believe that EPA and CEQ play crucial roles in shaping U.S. international environmental policy, not just in connection with climate change but in other priority areas, such as pursuing nature-based solutions, circular economies and responsible chemicals risk management. 2021 will be a year of important decision-points in the multilateral system, looking ahead to the fifth UN Environment Assembly and eventual thirty-year anniversary of the Rio Earth Summit; vigorous U.S. engagement in those deliberations will be vital for economic prosperity and environmental stewardship at home and abroad.

“USCIB sees opportunities to pursue synergies across international and domestic actions for enhanced environmental benefits, and advance the UN Sustainable Development Goals (SDGs), delivering a recovery that improves environmental quality, creates jobs and stimulates public-private partnerships. Since 1992, USCIB has represented U.S. business in support of the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement. In addition, USCIB has been the voice of American business at the UN Environment Programme (UNEP), the Strategic Approach to International Chemicals Management (SAICM), and other multilateral environmental deliberations and forums. USCIB is fully committed to international cooperation and to partnership with our government to advance American private sector-driven economic prosperity and environmental stewardship at home and abroad. In our view, it is critical to continue to focus on and champion substantive engagement of U.S. business across the UN system on key environmental topics.

“USCIB and its members are ready to assist the incoming Administration to develop and implement market-oriented environmental solutions and measures, working with the international community and in consultation with the American private sector. As the U.S. affiliate of Business at OECD (BIAC), the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE), and with its own standing at the UNFCCC, UNEP and at the UN Economic and Social Council (ECOSOC), USCIB is uniquely placed to scale and amplify these opportunities across the UN system, and in the OECD and the WTO.”

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 and as the sole U.S. business group with standing in ECOSOC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Policy Contact: VP for Strategic International Engagement, Energy and Environment Norine Kennedy (nkennedy@uscib.org)

USCIB Issues Recommendations to EU on a Carbon Border Adjustment Mechanism

The European Union concluded a public consultation last month on a proposed Carbon Border Adjustment Mechanism (CBAM), part of the EU’s ambitious Green Deal, focusing on deep cuts in greenhouse gas emissions. USCIB submitted its members’ response on October 28, drawing on the expertise of its Committees on Customs, Environment, Taxation as well as Trade and Investment.

“The EU CBAM proposal is complex, seeking to “level the playing field” by imposing extra costs on imports from countries with different climate change policies” said USCIB Vice President for Environment, Energy and Strategic International Engagement Norine Kennedy. “In our comments, we addressed climate change, trade and technical aspects of the proposal which we believe to be most relevant to American companies doing business with, and in, the EU.”

One critical recommendation was on timing; USCIB encouraged the EU to undertake thorough consultative and data-based economic and trade impact assessments, especially with regards to developing countries, to avoid unintended and counter-productive consequences on livelihoods. “As countries continue to experience the fall out and economic disruption of the COVID-19 pandemic, we believe governments should proceed cautiously before adding stresses to the global trading system,” warned Eva Hampl, USCIB senior director for trade, investment and financial services.

USCIB also stressed the importance of ensuring compatibility with World Trade Organization (WTO) rules, warning that some elements of the EU CBAM proposal are unclear, which may lead to time-consuming disputes and delay the positive potential for deployment of innovative technologies and materials vital to climate change action, as well as hinder economic growth and recovery.

Hampl added: “Any further development of this currently counter-productive proposal must avoid and head off climate disputes at the WTO that may lead to unpredictable or unintended negative outcomes in environment, climate and trade negotiations.”

On technical practicality and administrative burdens, USCIB’s recommendation included reducing those burdens and the associated costs of compliance, which would inevitably subtract from resources available for other areas of environmental improvement.

USCIB believes that synergies between trade and environment protection should be the focus of international cooperation, and unilateral measures should be discouraged.

“Open trade advances economic prosperity and the UN Sustainable Development Goals (SDGs), and it is an essential vehicle to achieve widespread and rapid deployment of climate-related investments and cleaner and more efficient technologies and forms of energy,” emphasized Kennedy. “To meet the commitments and objectives of the SDGs, the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, it is clear that more trade will be needed.”

For more information:

Earlier this year, USCIB published a paper Seeking Synergies: Environment, Climate and Trade Policy.

USCIB Submits Comments to USTR on China’s Compliance With WTO

USCIB submitted comments on China’s compliance with WTO commitments on September 17. The comments were in response to the U.S. Trade Representative’s (USTR) request for input. In its comments, USCIB welcomed the “Phase One” trade agreement between the United States and China, as well as China’s actions to date to implement its commitments under that agreement. According to USCIB, if fully implemented, the agreement will help address a host of policies and practices maintained by China that undermine the ability of U.S. businesses to operate, including unfair and discriminatory governmental practices.

USCIB also noted that U.S. tariffs and Chinese retaliatory tariffs imposed as a result of the U.S. Section 301 investigation into China’s forced technology transfer, intellectual property, and innovation policies have been disruptive to U.S. business.

“While the Phase One deal partially addresses some of these tariffs, more must be done to restore the ability of U.S. business to compete effectively in the global marketplace,” said Eva Hampl, who leads USCIB’s policy work on China. “As described in this submission, many issues affecting business remain a concern in China. Accordingly, high-level bilateral dialogue between the United States and China continues to be of the utmost importance.”

USCIB urges both countries to utilize, in addition to the World Trade Organization (WTO), the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations. Plurilateral dialogues that include U.S.-friendly jurisdictions such as the European Union, Canada or Australia should also be considered.

“USCIB and its members understand and appreciate that U.S.-China economic relations are complex and multifaceted, and that American business holds a direct and important stake in this relationship and in its success,” added Hampl. “As the world’s largest economy, China’s practices and policies have a significant impact on its trading partners, and engagement with China can be challenging.”

Due to the COVID-19 pandemic, there will not be a public hearing this year. USCIB’s submission is public and can also be found on www.regulations.gov under Docket Number USTR-2020-0033.

 

USCIB Submits Comments to USTR on Proposed Digital Services Taxes

USCIB provided comments to the United States Trade Representative (USTR) regarding the proposed Digital Services Taxes (DSTs) of several countries, including Austria, Brazil, Czech Republic, India, Indonesia, Italy, Spain, Turkey, the United Kingdom, as well as the European Union.

USCIB’s submission focused on whether these countries violated Section 301 while encouraging the U.S. to seek a multilateral solution.

“The DSTs under investigation are a poor choice to address the tax issues arising from digitalization of the economy and will work against the economic recovery they are intended to help fund,” said USCIB Vice President for Taxation Policy Carol Doran Klein. “Rather, the U.S. should work cooperatively to find an appropriate multilateral solution to taxing the digitalizing economy that does not unduly burden U.S. interests and fosters certainty for business.”

USCIB Applauds USTR’s Announcement to Include Ed Potter in USMCA Labor Mechanism

Ed Potter addressing the ILO Conference in Geneva in 2015.

New York, NY, July 20, 2020: The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, applauded the U.S. Trade Representative’s recent announcement of a select panel for the Rapid Response Labor Mechanism, a key tool for the enforcement of the United States-Mexico-Canada Agreement (USMCA) trade agreement.

“We welcome the inclusion of Ed Potter as one of the select panel members. Potter has worked extensively with USCIB for decades, most recently as former senior counsel for International Labor Affairs and prior to that as a chair of USCIB’s International Labor Affairs Committee (now the Corporate Responsibility and Labor Affairs Committee). Potter is an International Advisory Council Member at the Institute for Human Rights and Business.  For over two decades, he participated on the ILO Committee on the Application of Conventions and Recommendations that holds countries accountable for their obligations resulting from the ratification of ILO conventions.”

Potter is joined by Janice Bellace (Wharton School at the University of Pennsylvania), Lance Compa (Cornell University’s School of Industrial and Labor Relations), Peter Hurtgen (Curley, Hurtgen & Johnsrud LLP), Ira Jaffe (Arbitrator and mediator for labor, employment and benefits disputes) and Kevin Kolben (Rutgers Business School).

The Rapid Response Labor Mechanism, a bilateral annex of the USMCA between the U.S. and Mexico, allows the U.S. to take expedited enforcement actions against individual factories in Mexico that fail to comply with domestic freedom of association and collective bargaining laws.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

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 Statement on USMCA Entry Into Force

Washington, D.C., July 1, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, welcomes today’s entry into force of the United States-Mexico-Canada Agreement (USMCA) trade agreement, preserving and deepening the economic ties in North America and bolstering the global competitiveness of our companies and workers. The implementation of this agreement comes at a critical time of restoring certainty to U.S. industry in the North American market, as the global market is working toward recovery from the impacts of the current crisis.

The three partner countries must continue to work together to ensure effective implementation of this agreement, so that the benefits of the agreement in its updated and modernized provisions including on digital trade and customs can be realized. Over 12 million American jobs depend on trade with Canada and Mexico, and continuing to build on this economic relationship is important for U.S. industry for future economic growth. USCIB looks forward to a seamless transition to the new agreement.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Kennedy Speaks on Border Carbon Adjustments, Carbon Pricing

While the UNFCCC postponed its 26th Conference of the Parties to next year, USCIB has remained active in its policy advocacy on international climate change. Most recently, USCIB Vice President for Strategic International Engagement, Environment and Energy Norine Kennedy spoke in a virtual “USA-EU Town Hall on Border Carbon Adjustments.”

The June 17 event was organized by the European Roundtable on Climate Change and Sustainable Transition (ERCST) and the Nicholas Institute for Environmental Policy Solutions at Duke University.

“Border Carbon Adjustment cannot be viewed in isolation; it is connected to carbon pricing, taxation and carbon offsets, that need to be taken into consideration when discussing this topic,” said Kennedy during her remarks.

The town hall discussion focused on the role that Border Carbon Adjustments (BCAs) may play as part of the EU Green Deal proposal and associated stimulus package.  This concept aims to tackle asymmetry in climate ambition under the Paris Agreement, from carbon leakage and competitiveness standpoints.

“We need to develop and design policies that are fit for purpose and work in synergy with multilateral trade in order to successfully overcome climate challenges and fulfil the Paris Agreement goals,” added Kennedy.

USCIB strongly favors multilateral cooperative approaches and policies not only in the climate space, but also via the United Nations and other international organizations.