Wanner Delivers Stakeholder Intervention at UN on New Cybercrime Convention 

Barbara Wanner

This week, the United Nations convened a meeting to finalize a new draft UN Convention that would counter the use of ICTs for cybercrime. USCIB Vice President for ICT Policy Barbara Wanner was on the ground in New York and delivered a stakeholder intervention that focused on scope of the Convention and data protection safeguards.  

The negotiation for the text of this new Convention, officially called the “Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes,” aims to address the abuse of information technologies to scale and speed crimes such as terrorism, human trafficking, smuggling of migrants, drug trafficking, and illicit manufacturing and trafficking in firearms.    

Wanner’s intervention reflected comments also made by the International Chamber of Commerce (ICC), USCIB member Microsoft, and the Cybersecurity Tech Accord. 

“The Convention should align with existing instruments and data protection standards to avoid conflict of laws, confusion, delays, increased costs, and potential cooperation breakdown,” said Wanner. Wanner also addressed the draft’s provisions for government access to personal data, related to a wide variety of cyber-enabled crimes that are not currently defined in the draft without appropriate safeguards.  

“Combined with the lack of clarity on jurisdiction for this category of crimes, data custodians will have no way of determining whether government requests for data access are reasonable and proportional,” added Wanner. 

Wanner referenced the OECD Declaration on Government Access to Personal Data Held by Private Sector Entities, adopted in December 2022, as a good model.  

“The OECD framework aims to clarify how national security and law enforcement agencies can access personal data under existing legal frameworks,” added Wanner. 

USCIB Joins Industry in Statement Supporting Digital Trade in Africa

USCIB joined 11 other industry associations to urge negotiators to develop comprehensive and in-depth pan-African digital trade commitments for the African Continental Free Trade Area (AfCFTA).

According to the statement, Africa is positioned to become a global leader in developing global transformation opportunities across a multitude of sectors. In order to facilitate this, access to the global digital economy must be a key part of the continent’s strategy for growth and development. A digital transformation for Africa will improve innovation, facilitate job creation, and ease efforts for achieving equity, particularly for micro/small/medium-sized enterprises (MSMEs). The continent holds an enormous market for job opportunities that incorporate emerging digital technologies, and facilitating this transition through the removal of infrastructure barriers is crucial.

The statement calls for “proactive efforts by African leaders” to support clear digital trade rules for the AfCFTA and demands a steady commitment to the digital transformation by implementing these rules in an efficient manner. Specifically, USCIB and industry leaders urge that AfCFTA establishes a moratorium on tariffs and customs formalities for electronic transmissions, prohibits restrictions on the cross-border flow of data and forced localization of computing facilities and implements transparent and accountable regulatory practices for digital trade.

USCIB encourages African leaders to support growth on the continent by implementing clear and strong digital trade rules that are founded on best practices and supported by a commitment to transparency and digital innovation.

The full statement can be found here.

Global Associations Request Consultation With India on Proposed Telecoms Bill

USCIB joined nearly a dozen other associations, such as BSA, ITI and the App Association, to request a consultation with the government of India on India’s proposed Telecommunications Bill. India is in the process of finalizing a second draft of the Bill.

The associations, which represent global companies that develop, sell or rely on digital technologies and services, support the Government of India’s commitment to promoting digital inclusion and catalyzing the next generation of digitally enabled economic growth.

The letter states: India is a global technology leader that creates and supplies goods and services to contribute to a productive, competitive, and innovative global economy and society. Thoughtful regulatory approaches have been critical to that success.

To read the letter, please click here.

Wanner Speaks at UN Stakeholder Meeting on Security and Use of ICTs

USCIB Vice President for ICT Policy Barbara Wanner joined a stakeholder consultation alongside other non-governmental organizations in an informal dialogue of the United Nations’ Open-Ended Working Group (OEWG) on security and the use of information and communications technologies (ICT’s) (2021-2025).

According to Wanner, the OEWG is mandated to further develop rules, norms and principles of responsible behavior for governments related to ICT security, such as information and data, as well as possible cooperative measures to prevent and counter threats.

Wanner’s intervention focused on three points; timely involvement of the business community, especially during cybersecurity incidents, a shared approach to capacity building and the importance of convening experts on the impact of AI, quantum computing and other technologies on international security.

“As UN members states consider how to harness these technologies to enhance security – as well as address potential risks they pose – we urge you to include stakeholders to ensure a holistic and thoughtful examination of what is new, what is different and what warrants policy and regulatory adaptions,” said Wanner.

Hosted by the OEWG Chair, the Permanent Representative of Singapore to the UN Burhan Gafoor, the dialogue provided an opportunity for continued interaction between the stakeholder community and governments.

This stakeholder consultation was scheduled ahead of the fifth substantive session of the OEWG taking place later this month at the UN headquarters in New York.

USCIB Urges G7 Leaders to Advance Data Free Flows With Trust

USCIB co-signed a letter to G7 leaders urging them to explore concrete approaches to advancing Data Free Flows with Trust (DFFT). Japan promoted the DFFT concept when it hosted the G20 process a few years ago and the OECD also is taking this on. The letter was signed by 35 other global industry and non-governmental organizations.

According to the signed organizations, including USCIB, the DFFT strengthens the ability to transfer data across transnational digital networks while building digital trust. The organizations signing the letter emphasized the ability to access and transmit information across transnational digital networks as supportive of governmental policy objectives, including those relating to cybersecurity, digital transformation, environmental sustainability, financial inclusion, health, innovation, privacy, and trade.

According to USCIB Vice President for ICT Policy Barbara Wanner, such concrete approaches to advancing the DFFT include aligning data transfer policies across economies and with international standards, promoting and strengthening cross-border data interoperability mechanisms, analyzing the importance of data transfers in key sectors, as well as collectively supporting the OECD Declaration on Government Access to Personal Data Held by Private Sector Entities.

USCIB Releases 2023 Trade and Investment Agenda

USCIB released to policymakers and the press its 2023 Trade and Investment Agenda, an annual paper outlining Member objectives for the year. The 2023 priorities include:  

  • Free, open and fair markets are imperative to competitiveness, well-paying skilled jobs and broad-based economic prosperity. 
  • Companies and workers depend on a stable, rules-based trading system to facilitate global commerce and support jobs. The WTO is the critical cornerstone of the global system and is important for bringing countries together to reach new agreements, monitor commitments and resolve disputes. 
  • Foreign direct investment strengthens the U.S. economy and is a key tool in spreading democracy and American values while helping emerging economies recover from the global pandemic, meet sustainable development goals and build green infrastructure consistent with the objectives of the G7 Partnership for Global Infrastructure and Investment (PGII) initiatives. 
  • Agile and quick responses to emerging global trade and investment issues facilitate innovation, workforce resiliency and green development goals. To sustain its competitiveness, the U.S. must be at the forefront in shaping international rules for the new economy, especially in the areas of sustainability, circular economy, socio-economic equality, worker rights, digital policy and emerging technologies. 
  • It is important to hold trading partners accountable for commitments made in trade agreements, but any retaliatory actions should be exacted with proportionality, meaningful stakeholder consultation, and careful consideration of harmful impacts to domestic jobs, companies, and consumers. 
  • A robust, effective, and durable trade policy requires consultation, collaboration and good will between the branches of the U.S. government as well as with the business community. 

“The USCIB annual priorities paper is instrumental to Washington policymakers because it reflects the voice of a robust and diverse group of U.S.-based global companies representing $5 trillion in revenues and 11.5 million employees from every sector of the economy,” said USCIB VP for International Investment and Trade Policy Alice Slayton Clark. “Our members believe in free, open and fair markets as imperative to U.S. competitiveness, well-paying skilled jobs and broad-based economic prosperity.” 

USCIB’s priority paper was developed by the USCIB Trade and Investment Committee, which is chaired by Charles R. (Rick) Johnston, managing director for Global Government Affairs at Citigroup. 

The document underscores that, “as the world grapples with existential threats and economic disruptions posed by climate change, global pandemic, geostrategic challenges and hybrid warfare, it is imperative that the United States lead in shaping outcomes and partnerships that strengthen U.S. supply chains.” The United States must seize the opportunity to be at the forefront in securing open markets, competitiveness and innovation, sustainable development, and corporate responsibility, supported by international engagement and regulatory coherence, Clark said.  

A summary document of the full 2023 agenda is available here.

USCIB Outlines Priorities for UN Climate Meetings (COP27) in Letter to US Government

USCIB policy experts are now at the 27th Conference of the Parties of the UN Framework Convention on Climate Change (UNFCCC COP27) in Sharm El-Sheikh, Egypt. In advance of COP27, USCIB sent a letter on behalf of USCIB President and CEO Peter Robinson to Special Presidential Envoy for Climate Change John Kerry, setting out USCIB members priorities for COP27. The letter can be downloaded here, or viewed directly below.

Dear Special Presidential Envoy Kerry:

Addressing the multiple challenges of climate change in all their complexity, alongside advancing food and energy security, are interconnected imperatives. The United States Council for International Business (USCIB) welcomes the Administration’s leadership as it has engaged with the international community for ambition and progress on these linked issues en route to the 27th Conference of the Parties of the UN Framework Convention on Climate Change (UNFCCC COP27) in Sharm El-Sheikh next week.

As Administration officials have emphasized, COP27 is a chance to focus on “Implementation Plus”– win-win opportunities to incent investment and create jobs for shared climate -friendly prosperity, not just from governments but across society. Implementation Plus approaches should catalyze innovation and trade to deploy U.S. private sector technology and partnerships on mitigation and adaptation. Implementation Plus oriented COP outcomes should encourage synergies between climate and nature protection agendas and actions. And those outcomes should recognize and mainstream supporting frameworks for voluntary pledges from business and other non-state actors.

In particular, USCIB members look for progress at COP27 in the following areas:

  • Just transition for workers, society, and employers: Further discussions of just transition should reflect the fundamental role of social dialogue, and recognize the impacts and opportunities for workers, societies, and employers. In this regard, representative employers’ federations are essential to sound climate change and just transition policy and its implementation.
  • Integrated Approach to Adaptation and Resilience: Incentives for private sector investment are needed to direct funds not only to infrastructure, but also to other key societal sectors for adaptation and resilience, such as agriculture and food production, supply chain, and access to the internet.
  • Enhanced Substantive Engagement of Business and other Stakeholders: The involvement of business in all its diversity is more important than ever to deliver on Paris, Glasgow, and Sharm El-Sheikh commitments. The Administration has consistently supported the inclusion of all stakeholders in the UNFCCC and this is more crucial than ever at COP27. We urge you to continue to speak out strongly for enhanced and meaningful inclusion of business with all stakeholders, and oppose any measures that would discriminate against or exclude any constituency.

In Glasgow, despite unprecedented business commitments to reduce GHGs and mobilize financial and technical resources, COP26 decisions did not mention the private sector apart from a reference to finance. For USCIB, this sent the wrong signal, and contradicts a record of real achievement and commitment by the private sector to do more.

The Administration has encouraged business from every sector to step up on climate change and join diverse U.S. climate initiatives for ambition, green energy, green purchasing, and more. USCIB member companies have responded positively, and many have additionally launched their own actions to keep 1.5 alive, commit to net-zero and meaningfully contribute across numerous other climate-relevant areas.

We ask therefore for your support to include acknowledgement in COP27 outcomes of the distinct role of business, recommending increased dialogue and partnership with the private sector, and consulting with business and employers to hear views and recommendations on policy options under the UNFCCC.

USCIB members will bring their commitment and solutions to tackle climate change to Sharm El Sheikh, and USCIB looks forward to supporting the U.S. delegation at these meetings. We will be joining forces with our global sister organizations, the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to achieve outcomes for broad deployment of lower carbon options across all forms of energy, to strengthen market-based approaches to tackle mitigation and adaptation, and to take international cooperation to a next level of ambition and impact.

Sincerely,
Peter M. Robinson
President & CEO

USCIB Letter Urges Agreement on EU-US Personal Data Flows

USCIB submitted a letter to both the U.S. Secretary of Commerce Gina M. Raimondo and the European Commissioner for Justice Didier Reynders regarding the transatlantic agreement on EU-U.S. personal data flows.

The July 14 letter, signed by a variety of sectors across the transatlantic business community, urged a swift agreement for a new, strengthened EU-U.S. framework.

The letter noted: “we were encouraged by the recent EU-U.S. Summit commitment to ‘work together to ensure safe, secure, and trusted cross-border data flows that protect consumers and enhance privacy protections, while enabling Transatlantic commerce’ and to ‘strengthen legal certainty in Transatlantic flows of personal data.’”

According to the letter, thousands of European and American companies continue to be impacted by the EU’s Court of Justice judgement that invalidated the EU-U.S. Privacy Shield Framework just over a year ago.

“USCIB’s ICT Policy Committee will continue to monitor the Privacy Shield negotiations closely and engage with appropriate U.S. Government officials given the importance of a new sustainable transfer framework agreement to reinvigorating both U.S. and EU economic and business interests,” said Barbara Wanner, USCIB vice president for ICT policy.

Global Business Statement on Safeguarding International Data Flows

USCIB joined dozens of global associations in a letter to the EU expressing concern to ongoing developments in the European Union on international data flows. The letter notes that international data flows are an integral pillar of global trade, and any disruption to their free flow constitutes a major challenge to every economic sector.

“The recent developments in the European Union are creating deep uncertainty throughout the world, as the wide geographic variety of co-signatories to this statement demonstrates,” emphasized USCIB Vice President for ICT Policy Barbara Wanner.

In addition, the repercussions of an unduly restrictive approach to data flows, the letter notes it will also hit hard more traditional European industries, as the recent BusinessEurope-led coalition statement underlines.

“We underline the importance of providing certainty for all businesses and their data transfers to third countries,” the letter notes. “Any disruption must be avoided in order to minimise negative economic consequences, particularly in the wake of the global COVID-19 crisis and the economic recovery phase that we will enter in 2021. Crucially, our organizations believe that this can be achieved while respecting European data protection law, if a pragmatic and flexible approach prevails.”

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.