USCIB Joins Global Dialogue on Anti-Corruption and Technology

On March 20-21, 2019, the OECD hosted its annual Global Anti-Corruption & Integrity Forum in Paris. This year, the Forum’s theme was “Tech for Trust” and it focused on the risks and opportunities of new technologies for anti-corruption and integrity. USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl represented USCIB at the Forum.

The sessions covered issues including data analytics, tax information sharing, parcels trade, regulation, state-owned enterprises, and lobbying.

The OECD is currently reviewing their 2009 Anti-Bribery Recommendation which was adopted by the OECD in order to enhance the ability of the States Parties to the Anti-Bribery Convention to prevent, detect and investigate allegations of foreign bribery. This document, which is open for review in a public consultation, was also the topic in several sessions last week in Paris. The lively debate that included USCIB and others representing Business at OECD raised issues such as the demand side of bribery, voluntary self-disclosure, incentivizing investing in compliance systems, and state-owned enterprises.

“The issue of bribery and corruption more broadly continues to be a significant cost to business,” said Hampl, reporting from the meeting in Paris, “Technology, including blockchain, big data analytics, AI and others are transforming the way business is done, but they also have the potential to address many of the anti-corruption issues. As this discussion continues at the OECD, business will be at the table providing valuable input from dealing with these issues at the front lines.”

Donnelly Offers US Perspectives to Nordic Business Delegation

USCIB joined with the local Washington offices of key international partner business groups, including the Representative of German Industry and Trade RGIT/BDI, CII from India, TUSIAD from Turkey, Keidanren from Japan and CBI from the UK, in a very useful free-wheeling briefing session for a visiting delegation from leading Nordic business associations.

The visiting Nordic delegation included senior representatives from the Confederation of Swedish Enterprise (”SE”), Confederation of Danish Enterprise (“DI”), Confederation of Finnish Industries (“EK”), and Confederation of Norwegian Enterprise (“NHO”), all of which are national committee partners of USCIB in one or more of USCIB’s international groupings of Business at OECD (BIAC), the International Organization of Employers and the International Chamber of Commerce.

Shaun Donnelly, USCIB vice president for investment and financial services, was the only representative in the room from a U.S. trade association, offering American perspectives and explanations for some of the unprecedented current policy developments in the U.S. and globally.

“Our Nordic partner business organizations are generally strong pro-market, pro-liberalization allies for U.S. business globally and, importantly, within the EU,” said Donnelly. “The delegations had met with the usual suspects on the Washington trade scene in their packed three-day visit but, frankly, left town with as many questions as answers. USCIB will continue to work our Nordic partner associations and other allies across our unique global network to advance our key policy objectives.”

OECD Focus on “National Security” as Factor in Inward Investment Reviews

After its opening all-day Foreign Investment Treaties conference (reported in USCIB’s International Business Weekly report last week) on “level-playing fields” in Foreign Direct Investment (FDI), the OECD committee devoted a full-day of its meeting last week to a wide-ranging discussion of increasing reliance on “national security” factors in reviews of inward FDI flows by many OECD member and other governments.

“Business at OECD” representatives were  active participants in all those discussions, with USCIB Vice President for Investment Policy Shaun Donnelly among the business speakers.  David Fagan, a partner in USCIB member firm Covington and Burling’s Washington office and a leading FDI/investment security lawyer, was a featured expert speaker during the discussion where the U.S. Government’s Committee on Foreign Investment in the U.S. or “CFIUS” and the recently enacted Foreign Investment Risk Review Modernization Act  (“FIRRMA”) of 2017 were much-discussed.

“David did a great job of explaining recent development in US policy on reviewing FDI,” according to Donnelly. “Our Business at OECD team was able to get across our key messages on the importance of closely delineating national security investment reviews around the world to specific, legitimate security issues and avoiding opening the door to abuse of “national security” provisions for blatantly projectionist discrimination against foreign investors around the world.”

Donnelly Visits Google During Trade Tour in Switzerland

USCIB Vice President for Investment and Financial Services Shaun Donnelly spent the week of March 4 as the business representative on a Washington Think Tank study tour of Switzerland, focusing on trade issues and possibilities for a potential U.S.-Switzerland Free Trade Agreement (FTA).

While in Zurich, Donnelly and the 12-member study tour visited Google Switzerland’s major operations and R&D center. Google’s Zurich operations are the company’s third-largest R&D operation globally and their largest outside the United States. Google opened its first office in Zurich only fifteen years ago and it has quickly grown into one of the largest and most respected employers in the city.

Coincident with the study tour’s visit, Google invited the leadership of economiesuisse, Switzerland’s largest and most influential business association to a luncheon meeting with the visiting Washington team. Economiesuisse is USCIB’s Swiss counterpart and partner in Business at OECD, the International Chamber of Commerce (ICC) and other international business fora.

USCIB Speaks at Annual OECD Investment Treaties Conference

Shaun Donnelly (USCIB) speaks at the 2019 OECD Investment Treaties Conference in Paris

OECD’s annual all-day conference in Paris on International Investment Treaties had a distinctly USCIB flavor this year.  The conference, held on March 11, included leading academics, lawyers, civil society and business representatives under the auspices of the Business at OECD (BIAC) team in addition to the government experts delegates in Paris for the OECD Investment Committee meetings.

This year’s conference theme was a “Level Playing Field for Foreign Direct Investment.” USCIB Vice President for Investment Policy Shaun Donnelly led the Business at OECD team, serving as a panelist during the discussion on addressing State-Owned-Enterprises (SOE) Investment Issues and again as the business representative on the final wrap-up panel.  In addition, USCIB member lawyers and leading international arbitrators Jeremy Sharpe of Shearman and Sterling and a former chief of investment arbitration in the State Department Legal Advisor’s Office, as well as David Rivkin of Debevoise and Plimpton, formerly president of the International Bar Association, spoke on different panels.  Deputy Assistant U.S. Trade Representative for Investment Policy Lauren Mandell was also a panelist.

“Investment policy issues, investment treaties and especially ‘ISDS’ international arbitration to resolve investment disputes are increasingly under political attack internationally so the conference did spark some interesting debate,” said Donnelly. “USCIB will be on the front lines defending strong investment treaties, including effective dispute settlement disciplines and arbitration provisions.”

USCIB Co-Sponsors China-US Foreign Policy Association Panel

USCIB co-sponsored a recent Foreign Policy Association event titled, “U.S.-China Trade: Taking Stock and Looking Ahead” on February 28. The event, hosted by Citi in New York, featured a panel of experts who discussed the state of trade between the two countries, including the geopolitical and economic implications of the trade war, the 90-day truce, and the negotiations currently taking place.

USCIB member Citigroup’s Global Head of Subsidiaries Marc Merlino moderated the panel. Experts included Bloomberg’s Chief Economist Tom Orlik, Director of CSIS’ Project on Chinese Business and Political Economy Scott Kennedy and Global Head of Research for JP Morgan Joyce Chang.

Technology issues, particularly as they relate to data and Artificial Intelligence (AI), were a common theme of discussion across all panelists. AI is a necessary investment for China due to their demographics and life expectancy. However, while China is focused on AI and data, they lag in the quality of their commercial aircraft and semiconducters, making economic partnerships with the United States a necessity, particularly as China’s debt continues to grow.

CEO of ICC Finland Talks US-Europe With USCIB Washington Team

L-R: Meghan Giblin, Barbara Wanner, Eva Hampl, Timo Vuori, Rob Mulligan, and Shaun Donnelly

ICC Finland’s Executive Director/CEO and Executive Vice President of the Finland Chamber of Commerce Timo Vuori met with USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan and key staff members of USCIB’s Washington office on February 13.  Vuori, a longtime and influential ICC insider and a good friend of USCIB, is also a key board member of the influential “Eurochambres” continental business leadership group.

The wide-ranging discussion with USCIB staff touched on the challenging U.S.-European Union trade agenda including “232” steel and aluminum tariffs, possibly to be expanded to the automotive sector, as well as digital economy, data and tax issues, and the prospects for some sort of U.S.-EU trade negotiations. The underlying political developments on both sides of the Atlantic, including the Brexit developments were also of interest to all. The group discussed the global trade issues including China and WTO reform while touching on challenges in global customs, regulatory and investment policies. The group compared notes on developments inside the global ICC network and possibilities for promoting U.S.-Finnish trade and investment relationships.

“As usual, our USCIB assessments, priorities and concerns often closely aligned with Timo’s,” noted USCIB Vice President Shaun Donnelly.  “We very much value our close relationships with key partners in USCIB’s unique global network. ICC Finland has long been one of our closest and most reliable partners.  It was a great meeting and we very much appreciate Timo making time to meet with us.”

Vuori was in Washington as part of a Finnish business delegation to meet with the Hill, U.S. agencies and U.S. businesses like USCIB. Vuori also attended an Embassy of Finland dinner, along with USCIB Senior Director Eva Hampl. The theme of the February 12th dinner was “Competitiveness in a Globalized World” and provided an opportunity for a discussion on the impact that trade policies, global companies, technological revolution and politics have on competitiveness. The event was organized on the occasion of the Finnish Minister for Foreign Trade Anne-Mari Virolainen‘s visit to Washington DC.

ICC UK’s Chris Southworth Discusses Brexit Burdens in FT Letter

On February 8, the Financial Times published a timely letter from Chris Southworth, the secretary general of the International Chamber of Commerce ‘s UK national committee, on the adverse impact a “hard Brexit” could have on smaller British traders.

According to Southworth, all the excellent work to ensure port operations remain efficient post Brexit should not distract from the fact that the burden, risk and cost of new trading arrangements will be shifted upstream to companies who will have to do all the additional paperwork before their goods reach the port.

“We need the government to be a lot more honest with business. Leaving the single market will mean hard borders and new burdens,” he wrote in the letter.

To read the full letter, visit FT’s website (paid subscription required). Click here to visit ICC UK’s website.

USCIB Participates in Business Coalition Fly-in on China Tariffs  

USCIB Senior Director Eva Hampl participated in the Fly-In organized by Tariffs Hurt the Heartland the nationwide campaign against tariffs, combining the efforts of Farmers for Free Trade and Americans for Free Trade, of which USCIB is a member. Groups of representatives from associations and companies covered over 150 meetings with Senate and House offices from both sides of the aisle over February 6-7.

“There is general concern about the tariff actions, with many members of Congress having signed on to letters either on the section 232 tariffs or on the section 301 exclusion process,” stated Hampl. “However, there is also still a lot of apprehension about publicly pushing back against the President’s actions on tariffs. To those who expressed a desire to wait and see what happens on March 1 – the deadline for reaching a deal with China, to prevent tariffs on $200 billion worth of Chinese imports increasing from 10% to 25% — we repeatedly made the point that the time to act is now, as the damage to US industry and consumers increases with every day these tariffs are in place.”

To underline these points, a new study launched showed that in the event that tariffs of 25% go into effect on March 2 on List 3, combined with various other tariffs and retaliation already in place, the net impact on U.S. jobs will be over 900,000 and the annual impact on a family of four over $750. For the complete study, please click here.

There are two pieces of legislation that were introduced in in the Senate the week of February 4, both of which have House companion bills: (1) the Bicameral Congressional Trade Authority Act and (2) the Trade Security Act. Both attempt to push back against the President’s authority on tariff actions.

United States Trade Representative Robert Lighthizer and U.S. Secretary of the Treasury Steven Mnuchin will travel to Beijing for principal-level meetings on February 14 and 15, and these meetings will be preceded by deputy-level negotiations beginning on Monday, February 11.

 

Tariffs Hurt the Heartland Group Warns of Impacts on Economy

USCIB Senior Director Eva Hampl will be taking part in a “Tariffs Hurt the Heartland” fly-in on Capitol Hill February 6-7. This fly-in is organized by a broad coalition of business groups that warned about the detrimental impacts of tariffs on Chinese imports on the U.S. economy in a recent press release. Tariffs Hurt the Heartland is the nationwide, non-partisan campaign opposing tariffs that is supported by over 150 trade associations from every industry, including USCIB.

The press release emphasized that new auto tariffs and tariffs on all Chinese imports would lead to 2.2 million job losses, cost the average family over $2,300 and reduce GDP by over 1%. Moreover American workers will lose nearly one million U.S. jobs if tariffs rise to 25 percent on March 1.

The report, which served as the basis for the press release, was prepared by Trade Partnership Worldwide LLC.