USCIB Welcomes Release of the US National Action Plan on Responsible Business Conduct 

New York, NY, March 25, 2024—The United States Council for International Business (USCIB) welcomes the release of the U.S. National Action Plan on Responsible Business Conduct (NAP). USCIB also encourages other governments around the world to implement their own NAPs to ensure that progress on human rights remains a global priority.   

Simultaneously, and as a key deliverable to the NAP, the U.S. Department of Labor announced a $2M grant to the International Labour Organization, to strengthen global social compliance systems and to combat forced labor in supply chains. 

USCIB has been providing consultations on the NAP since 2015 and hosted the first public consultation alongside global partners and other major business organizations. Also, in 2022, USCIB submitted comprehensive comments for the 2024 NAP version and organized a briefing for members with the State Department.  

“When done well, NAPs can help companies implement their responsibility to respect human rights, both within their own operations and those of their business partners,” said Ewa Staworzynska, USCIB director for Corporate Responsibility and Labor Affairs. 

The U.S. State Department will host an event on March 25, titled “U.S. Leadership on Responsible Business: The Launch of the U.S. Government’s National Action Plan on Responsible Business Conduct.” The event will feature discussions around key priorities addressed in the NAP, including strengthening access to remedy and protecting workers’ rights, as well as a discussion on government approaches to strengthening business respect for human rights and responsible business conduct more broadly. USCIB President and CEO Whitney Baird will be on a panel during the event, joining representatives from Oxfam, DHS and Simpson Thacher. 

The launch event will feature keynote remarks by Under Secretary for Economic Growth, Energy, and the Environment Jose Fernandez.  It will also include a panel discussion with other U.S. senior officials from across government, including from the Department of Homeland Security, Department of Treasury, Department of Labor, Department of State, and other stakeholders involved in the NAP process. 

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 Welcomes New Staff in Communications, Legal Affairs, Finance & Administration  

USCIB welcomed several new staff members across the New York and Washington DC offices over the past two weeks. 

Most recently, USCIB welcomed Anna Hughes as Vice President of Communications. Hughes has over twenty years’ experience in communications, marketing and public relations having held various positions at Twitter, BSA | The Software Alliance, American Composites Manufacturers Association (ACMA) and Ogilvy. Hughes will be based in the Washington office. 

Earlier this week, USCIB also welcomed Jason File as USCIB’s new Director of Legal Affairs, based in New York. Along with his Arbitration Committee responsibilities, File will also serve as General Counsel for USCIB. Prior to joining USCIB, File was a senior associate in the Arbitration group at Cooley LLP, focusing on high-stakes arbitration, including investor-state arbitration, international commercial arbitration, mass arbitration claims and corporate executive disputes. File’s previous positions include serving as a war crimes prosecutor at the UN International Criminal Tribunal for the former Yugoslavia in The Hague, and an international arbitration associate at Wilmer Cutler Pickering Hale and Dorr LLP in London.  

Finally, Andrew Julia joined as the new Director of Finance & Administration. Andrew brings over 15 years of experience in financial management, accounting, and administration in the non-profit sector. He joins us from the Baryshnikov Arts Center, Inc. where he was the Director of Finance & Human Resources. Prior to this, Andrew worked at the American Federation of Musicians & Employer’s Pension Fund where he held various accounting and audit roles. He is a Certified Public Accountant and Certified Employee Benefit Specialist. Julia will work out of USCIB’s New York office.           

 

USCIB Advocates for US Business Interests at OECD Responsible Business Conduct Events in Paris

Jose Arroyo

The OECD hosted its annual Forum on Due Diligence in the Garment and Footwear Sector late last month, along with a series of side events on responsible business conduct (RBC) workstreams. This year’s OECD Forum addressed various issues, with a particular focus on living wages and binding company-union agreements in due diligence processes.

In recent years, the OECD has intensified its work in RBC standards and guidance for companies. USCIB, with its in-person engagements and partnership with Business at OECD (BIAC), advocates to ensure that those workstreams, especially those closely related to labor affairs, are consistent with parallel initiatives in other international agencies, such as the International Labor Organization (ILO).

“It is critical that the OECD ensures that new standards are implementable on the ground,” said Jose Arroyo, policy manager for Corporate Responsibility and Labor Affairs at USCIB, who represented U.S. business at the OECD. Arroyo underscored the pioneering role of U.S. businesses in RBC practices and emphasized the importance of clear, concise, and implementable guidance for business. Some of the OECD work includes guidance on responsible purchasing practices and meaningful engagement with workers via due diligence.

Arroyo emphasized the importance of OECD cooperation with other non-OECD countries, particularly in high-risk geographical zones where divestment risks are prevalent. “Meaningful cooperation and implementable standards are essential, ultimately benefiting local communities”, he said.

USCIB will maintain its strong engagement with OECD RBC workstreams.

 

USCIB Helps Facilitate First Digital ATA Carnet at JFK Airport

New York, N.Y., February 21, 2024—The United States Council for International Business (USCIB), the National Guaranteeing Association (NGA) and Issuing Association for the ATA Carnet (aka the “Passport for Goods®”) in the U.S., has facilitated the first ever U.S. digital ATA Carnet (e-ATA) test processing at John F. Kennedy Airport in collaboration with U.S. Customs and Border Protection (CBP), Roanoke Insurance Group Inc. and Rock-it Cargo. The test will also be done in conjunction with the London Chamber of Commerce & Industry (LCCI) and UK Customs (HMRC), processing the e-ATA for import at London’s Heathrow airport.

“We’re thrilled to launch the official test-phase for e-ATA Carnet processing in the United States,” said USCIB Chief Operating Officer Declan Daly. “With the help of our partners, including CBP, the International Chamber of Commerce World Chamber Federation (ICC WCF), Roanoke, one of our service providers, and Rock-it, we’ve taken a crucial and exciting first step to finally bring the ATA Carnet into the 21st century.”

“U.S. Customs and Border Protection is honored to collaborate with the U.S. Council for International Business and our counterparts in the United Kingdom on this first test of a digital ATA Carnet,” said Francis J. Russo, director of CBP’s New York Field Operations. “Carnets have long been an effective method to control and release materials that are temporarily imported.  Digitizing the process to align with modern technical capabilities will make it far more efficient than continuing to rely on paper,” added Russo.

The test processing was conducted ahead of the TPi Awards Ceremony in London, England, which will be held on February 26th. The Ceremony is the live events industry’s largest celebration, recognizing the feats achieved in the world of live touring in the past 12 months. USCIB selected Rock-it Cargo to participate in the e-ATA Carnet testing phase due to the nature of Rock-it’s business and because Rock-it Cargo is one of the largest ATA Carnet users in the U.S. Rock-it Cargo is a white glove, time critical, freight forwarder focused on live entertainment and TV production, which are highly dependent on ATA Carnets to ensure the show goes on.

Declan Daly (USCIB) and Amanda Barlow (Rock-it Cargo) with the TPi Awards microphones

According to Daly, TPi, Sennheiser and Rock-it Cargo have co-sponsored two bespoke microphones for use during the award ceremony. These microphones were decorated by Perry Meeks, a costume designer with whom Rock-it has worked on many live entertainment tours. The microphones will be hand-carried by Rock-it to the United Kingdom using the first U.S. issued e-ATA Carnet to enter them into the UK for the awards ceremony and then returned to the U.S. post show.

“It’s great that HMRC is at the forefront of piloting digital Carnets alongside our counterparts in the USA, and we’re really pleased to enable the first digital carnet movement between the two countries,” said Sally Beggs, deputy director for Customs Policy and Strategy at HM Revenue and Customs in the UK.

Davor A. McKinley, head of ATA Carnets and Compliance, UK National ATA Carnet Organization (UKNATACO) added, “UKNATACO is delighted that United States Council for International Business (USCIB) chose United Kingdom as the destination for their first ever digital Carnet. This clearly highlights the close working relationship between the two countries and demonstrates that digitalising ATA Carnets will play a pivotal role in strengthening our mutual trade further.”

USCIB has appointed two independent Carnet Service Providers to issue ATA Carnets: Boomerang Carnets and Roanoke Insurance Group Inc.

The ATA Carnet is a unified international Customs document that permits duty-free and tax-free temporary import of goods into over 100 countries and customs territories for up to one year. Annually, the global system issues close to 200,000 ATA Carnets for goods valued at over $25 billion dollars. The e-ATA Carnet (aka digital ATA Carnet), which was first developed by ICC WCF in 2016 and is supported by the WCO (World Customs Organization), aims to digitize ATA Carnets and their lifecycle management process – from issuance and declarations to transactions and claims.

About USCIB
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation. Its members include U.S.-based global companies and professional services firms with operations in every region of the world. As the U.S. affiliate of leading international business organizations (such as the International Chamber of Commerce, International Organization of Employers and Business at OECD) and as the only U.S. multi-sectoral advocacy group with standing in the United Nations Economic and Social Council (ECOSOC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. USCIB is also the National Guaranteeing and Issuing Association for ATA Carnet in the United States, having been appointed as such by the Department of Treasury Bureau of Customs, now U.S. Customs and Border Protection (CBP), in 1969. USCIB has two authorized service providers who issue ATA Carnet—Boomerang Carnet and Roanoke Insurance Group Inc. More at  www.uscib.org.

Vinblad Speaks on Business and Biodiversity at Columbia University  

L-R: Wendy Hapgood (Wild Tomorrow), Amy Karpati (Columbia University), Jenna Lawrence (Columbia University), Agnes Vinblad (USCIB), Matthias Pitkowitz (EQX Biome)

USCIB Director for Environment and Sustainable Development Agnes Vinblad was invited to participate in an expert panel organized by the Columbia University Climate School Earth Institute in New York City. The event was held under the title, “Solving the Biodiversity Crisis: Strategic & Interdisciplinary Approaches.” Discussions highlighted the importance of biodiversity considerations in sustainable business decisions with a focus on solution pathways and recent policy developments. 

Vinblad’s interventions focused on the international policy dimension and the role of incentivizing industrial policy in spurring and enabling private sector leadership on biodiversity protection. 

The panel was moderated by Wendy Hapgood, Co-founder and COO of Wild Tomorrow, a wildlife conservation non-profit organization dedicated to the protection, restoration and rewilding of threatened habitats to protect biodiversity. In addition to Vinblad, the panel included Amy Karpati, conservation biologist and adjunct professor at Columbia University, Jenna Lawrence, biodiversity specialist and researcher, and lecturer at the Climate School at Columbia University and Matthias Pitkowitz, founder and CEO of EQX Biome – a financial marketplace for nature-based investments.  

Agnes Vinblad

“This excellent discussion served as a great opportunity to speak about USCIB’s engagement in the UN CBD process, and our active participation in the negotiations leading up to the adoption of the Kunming-Montreal Global Biodiversity Framework (GBF),” said Vinblad.  

“Inevitably, a lot of the conversation centered on Target 15 of the GBF – this is the target that calls for legal, administrative or policy measures to encourage businesses to regularly monitor, assess and disclose their risks, dependencies and impacts on biodiversity. But we also touched upon many other of the targets, for example the conservation target – Target 3 – which seeks to conserve 30% of land, waters and seas by 2030,” she continued.  

USCIB holds official observer status to the United Nations Convention on Biological Diversity (UN CBD). This is the UN treaty under which matters pertaining to biodiversity are negotiated. Through this status, USCIB has been active participants in the UN CBD process for many years and Vinblad led a USCIB delegation to the historic UN CBD COP15 in December 2022 where the GBF was adopted.  

“A key point to note is that while the U.S. is not a Party to the UN CBD, we are seeing a continued increased interest from the U.S. business community to engage on biodiversity topics. One of the primary concerns I am hearing from business is the rapid rollout of numerous different biodiversity reporting standards and frameworks – a key priority for us now is to ensure harmonization to ease the administrative burden for business to free up resources for real implementation,” Vinblad added. 

UN CBD COP16 is scheduled to convene from October 21 to November 1 in Colombia this fall and deliberations will focus on the implementation phase of the GBF.  

USCIB’s Clark Promoted to Senior Vice President

Alice Slayton Clark speaks at the OECD

USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark has been promoted to Senior Vice President, Trade, Investment and Digital Policy. Clark will be working closely with USCIB Senior Vice President for Policy and Global Strategy Norine Kennedy, as well as the rest of senior staff.

Clark joined USCIB in 2021 bringing her considerable experience in trade policy to USCIB’s policy team in Washington DC. Prior to joining USCIB, Clark worked for international law firms and consulting practices, as well as on Capitol Hill.

“Alice has shown herself to be both a DC-savvy policy expert and an excellent international advocate for U.S. business in international trade and investment deliberations during her time at USCIB.  I’m thrilled to share responsibility for leading USCIB’s policy work with her,” said Kennedy.

Baird and Wanner Focus on Trade and Tech at the Consumer Electronics Show (CES) 

USCIB President and CEO Whitney Baird and VP for ICT Policy Barbara Wanner attended the Consumer Electronics Show (CES) in Las Vegas earlier this month. Dubbed the “most powerful tech event in the world,” CES brought together over 130,000 participants, including many USCIB members and representatives of governments from across the globe.  

Whitney Baird (USCIB) and Tanneasha Gordon (Deloitte)

Baird and Wanner had a packed schedule in Las Vegas meeting members and USG officials, including Tanneasha Gordon (Deloitte), Nadia Hansen (Salesforce), Dr. Oliver Campbell (Dell), JoAnn Stonier (Mastercard), Erica McCann (Amazon) and Dr. Vanessa Chan (Department of Energy). They also attended panels and events on AI and the impact on jobs, emerging technologies shaping the tech workforce, privacy and cybersecurity, and sustainability and circularity in tech.  

During a panel on “Trade in Tech. What is it good for? Absolutely Everything!” Baird joined Ambassador Mark Lippert (Samsung), Ambassador Susan Schwab (NFTC) and Dr. Rafaelita Aldaba (Philippine Economic Zone Authority) to discuss how trade policy promote peace and innovation globally.  

“Trade has long demonstrated its benefit in lifting nations out of poverty, promoting shared prosperity, fostering economic interdependence and trust, and providing an incentive for peaceful resolution of disputes,” said Baird. “Technology has a similar unifying effect, through the devices, gadgets and transmissions that inform people and connect cultures and countries around the globe. Trade in technology, therefore, carries a double dividend on peace.” 

Baird also discussed USCIB’s affiliation with the Organization for Economic Cooperation and Development (OECD), made possible through Business at OECD (BIAC). She noted USCIB regularly contributes U.S. industry practices and priorities to inform OECD research and policy guidelines. Through its own standing and through our affiliates, USCIB advocates strongly for WTO rules that promote connectivity, the free flow of data with trust across borders, and a permanent moratorium on customs duties on electronic transmissions. USCIB has also pressed for negotiation of two World Trade Organization (WTO) Information Technology Agreements to eliminate all import duties on a wide range of technology products including computers, telecommunications equipment, software and educational devices.   

The “Trade in Tech” session was moderated by Ed Brzytwa (International Trade Consumer Technology Association).  

“This was the first time USCIB attended CES in an official capacity,” said Wanner. “We were delighted by the many opportunities we had for enhanced engagement with U.S. government officials and our own members on topics of significant relevance to our trade and digital policy work. We look forward to more CES events in the future.” 

USCIB and IOE Host “Getting Business on Board for the 2024 UN Summit of the Future” 

USCIB and the International Organization of Employers (IOE) co-hosted a webinar, “Getting Business on Board for the 2024 UN Summit of the Future,” on December 4. The webinar spotlighted expectations for the 2024 UN Summit for the Future (SOTF) and discussed ways in which the private sector could participate and impact the preparations and outcomes. 

The event was headlined by Ambassador Paula Narváez, president of the United Nations Economic and Social Council (UN ECOSOC) and permanent representative of Chile to the UN. Participants also heard from USCIB Senior Vice President for Policy and Global Strategy Norine Kennedy, who presented USCIB’s two Moving the Needle reports that were published during the UN General Assembly in September. 

A panel on “What to expect and how to come prepared for the Summit of the Future” discussed private sector priorities in the coming year of deliberations. The panel also highlighted the growing role that small and midsize enterprises (SMEs) play – and will continue to play – in the economy and global trade. 

“Unless we address the issues of good governance, accountability and oversight, we’re going to find it difficult to mobilize private and public funding to finance SMEs, which are the backbone of so many economies,” stated Shea Gopaul, permanent representative to the UN in New York for the IOE. 

Other speakers included: 

  • Michael Pan, program management officer, ‘Our Common Agenda’, Executive Office of the Secretary General   
  • Angus Rennie, partnerships manager, United Nations Global Compact   
  • Ilze Melngailis, senior director, Business Council for the UN and Private Sector Engagement at the UN Foundation  
  • Patricia Veringa-Gieskes, president, Federation of Employers of Congo (FEC) 

This webinar was the first in a series that will continue to engage with UN representatives and key government delegations to inform the formation of the SOTF and its outcomes. 

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

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 Voices Concern Over UN Treaty on Business and Human Rights

Ewa Staworzynska

The “Open-Ended Intergovernmental Working Group on Transnational Corporations and Other Business Enterprises with Respect To Human Rights” convened in Geneva this week for its ninth session of negotiations on Legally Binding Instrument on Business and Human Rights. The Legally Binding Instrument, also known as the “UN Treaty on Business and Human Rights,” is in its fourth draft, as released on July 31st this year.

For years, the business community has been concerned about onerous requirements on business, liability risks and legal uncertainty the draft Treaty would create both for States and companies, and these challenges continue to persist based on the fourth draft. It also promotes extraterritorial jurisdiction and includes broad definitions, causing further questions about its viability and implementation feasibility.

“USCIB is firmly committed to respecting human rights and advancing responsible business conduct globally,” said Ewa Staworzynska, USCIB director of corporate responsibility and labor affairs, who represented USCIB during the negotiations. “This draft Treaty, in its current form, would create a severe level of legal uncertainty for governments and for business, and it would contribute to divestments and market exits, especially in developing countries. Unfortunately, the current draft Treaty takes us away from the well-respected UN Guiding Principles for Business and Human Rights.”

The negotiations progressed slowly, only covering three out of 24 articles with vast disagreements on what the scope of the Treaty should be. The governments ultimately adopted the session report, by consensus, and thus agreed to present a procedural decision to the Human Rights Council in 2024 to request additional resources for the process. In addition, intersessional consultations will be held, together with legal experts, ahead of the 10th negotiation next year.