Alice Slayton Clark Archives

USCIB, Business Groups Urge Administration to Prioritize US-China Deal

Published on July 7, 2020

USCIB, along with dozens of U.S. business and industry groups, sent a letter to USTR Robert Lighthizer, U.S. Secretary of Treasury Steven Mnuchin and Vice Premier of China’s State Council Liu He strongly supporting the U.S.-China Phase One Trade Agreement noting its “significant achievement in ongoing efforts to advance a more balanced and mutually beneficial U.S.-China economic and commercial relationship.”

The letter also stated that successful implementation of Phase One will be critical to subsequent negotiation of a Phase Two Agreement.

The organizations noted that continuing fulfillment of the terms of the Agreement particularly with regards to Intellectual Property, removal of market access barriers and tariffs are critical. With regards to market access barriers, the letter focused on U.S. fruits, grains, and nearly all U.S. beef products, the expansion of its list of U.S. facilities eligible to export beef, pork, poultry, seafood, dairy and infant formula to China, as well as the adoption of new domestic standards for dairy powder that will allow imports from the United States.

“Meeting the global public health challenges from COVID-19 and restoring growth to the global economy will depend in part on both countries working together to fully implement the mutually beneficial outcomes of the Phase One Agreement,” the letter stated. “Thorough and timely implementation of Phase One commitments is also the most direct and achievable path to removal of tariffs—and to avoid application of new ones—on both sides, which the U.S. business community strongly supports.”

USCIB, Global Industry Urge WTO to Resume Full Work

Published on June 18, 2020

As international organizations such as the UN Security Council, International Monetary Fund (IMF) and World Bank are routinely working online, the World Trade Organization (WTO) has yet to fully empower its substantive bodies to meet and take decisions virtually. In light of this, USCIB, along with major industry associations across the world, issued a statement on June 15 urging WTO Members to restart a full, regular schedule of work online. The statement emphasized that the international business community needs the WTO fully engaged across its existing work program, as well as to address the COVID-19 pandemic and its economic aftermath.

The statement noted: “Trade law and policy has an important, indeed integral, role to play in recovery. The replacement of the departing Director-General Roberto Azevêdo makes a return to regular working using virtual tools even more important…We cannot return to where we were, we must move forward, and this will require a whole of society approach at the local, national, and international level.”

The industry groups also reiterated commitment to the WTO and the international rules-based trade architecture for which it is responsible.

For the full statement, click here.

Global Industry Urges G20 to Promote Innovation, Digital Tech, Trade

Published on June 4, 2020

USCIB joined a global group of like-minded industry and trade associations to urge the G20 to work with industry to encourage the open markets and accelerated technology adoption that will drive groundbreaking innovations and creative solutions, especially in light of the COVID-19 pandemic.

The letter states: “This will require reaffirmed commitments to reject protectionism, support rules-based multilateral organizations, best practices, processes, and obligations, embrace transparency in legislative and regulatory actions, and invest in the workforce. Such commitments should be taken with a view to prioritizing the enhancement and generation of business opportunities for micro, small, and medium size enterprises (MSMEs) and continued advancement of the UN Sustainable Development Goals (SDGs) as a means of ensuring inclusive recovery across economies.

In general, the global industry group welcomes the renewed discussion at the G20 this year on the role of digital technologies in promoting economic growth through cross-border innovation and trade. As such, the group recommended several actions including facilitating a global response to the COVID-19 outbreak, advancing global date free flows with trust (DFFT), promoting cross-border innovation and adoption of new technologies, as well as ensuring the benefits of technology are realized by all.

According to the industry group, G20 2019 was a groundbreaking year for the advancement of global digital policy discussions. Under Japan’s leadership, the G20 launched the Osaka Track to accelerate and support the ongoing digital trade discussions at the World Trade Organization (WTO) and created the concept of Data Free Flows with Trust (DFFT) in recognition of the fact that open cross-border data flows are the lifeblood of all industries, and that strong protections for privacy and cybersecurity go hand-in-hand with the transparent, non-discriminatory transfer of data across borders. G20 2020 offers governments the opportunity to advance this work towards an open, inclusive vision of the modern global economy.

USCIB Strengthens Trade Policy Advocacy Through New Coalition: Alliance for Trade Enforcement

Published on May 21, 2020

USCIB joined a new coalition, the Alliance for Trade Enforcement, which includes nearly a dozen other industry groups and trade associations. The coalition’s goal is to support U.S. policymakers in their efforts to enforce U.S. trade agreements and ensure that America’s trading partners end unfair trade practices. The coalition is an expansion of the Alliance for Fair Trade with India.

According to the coalition’s media release, the U.S. Trade Representative’s (USTR) recent Special 301 Report, which “identifies trading partners that do not adequately or effectively protect and enforce intellectual property rights or otherwise deny market access to U.S. innovators and creators,” can serve as an initial blueprint for the group. This year, USTR identified thirty-three countries for these types of violations. Many of these countries are repeat offenders.

“We look forward to further advancing USCIB’s trade policy priorities through this new coalition,” said USCIB Senior Director for Investment, Trade and Financial Services.

To view the media release, please click here.

USCIB Urges Administration to Remove China Tariffs on Products Needed to Fight COVID-19

Published on May 21, 2020

USCIB submitted comments to the United States Trade Representative (USTR) on China tariffs on May 18. The comments focused on Additional Modifications to the 301 Action to Address COVID-19 in relation to China’s acts, policies and practices related to technology transfer, intellectual property and innovation.

As noted in previous comments that USCIB has submitted on 301 actions, USCIB continues to hold the position that tariffs stifle the U.S. economy and will not achieve the Administration’s goal of changing China’s behavior.

“Rather than creating more opportunities for U.S. business, sweeping tariffs restrict U.S. agriculture, goods, and services exports and raise costs for businesses and consumers,” said USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl. The economic crisis caused by the COVID-19 pandemic has amplified the negative impacts of the tariffs on companies’ supply chains and the U.S. economy.”

USCIB highlighted several products that should be removed from the tariff list, including medical equipment central to the diagnosis and treatment of COVID-19 response and of related ailments, as well as medical equipment parts, components and 3D printers.

The comments also highlight chemicals and plastics, which have been recognized for their critical role in the production of cleaning and disinfecting products, as well as medical equipment such as masks, diagnostic equipment and disposable gowns.

For a complete list of products and USCIB’s comments to USTR, please click here, please click here.

USCIB Supports Final Duty Deferral in Letter to Trump

Published on April 30, 2020

USCIB joined the coalition Americans for Free Trade to send a letter to President Donald Trump urging him to take further action to provide relief to struggling American businesses by delaying the collection of all duties and fees. USCIB is one of nearly 500 businesses calling on the Administration to expand its current duty deferral program. The coalition represents retailers, manufacturers, service providers and farmers and ranchers.

The letter made two specific recommendations: first, requesting the Administration to extend the program to cover imports made during May and June and second, urging that the program be expanded to defer the due dates for all duties and fees. Combined, the two actions would immediately free up billions of dollars of working capital for American companies to pay suppliers, employees, service providers and other critical stakeholders.

The letter emphasized that this cash is even more important for companies that have had to close their doors because of stay-at-home orders, leaving them with little to no revenue to make ends meet.

The Administration could expand the current Executive Order and defer collection of all duties without waiting on authorization from Congress. As it currently stands, the Administration is only deferring the collection of some duties and only for imports made in the months of March and April.

USCIB Congratulates Colombia on Formally Becoming OECD Member

Published on April 30, 2020
Pictured from left: Iván Duque Márquez, President of the Republic of Colombia and Angel Gurría, Secretary-General of the OECD (Photo: OECD/Victor Tonelli)

The Organization for Economic Cooperation and Development (OECD) announced that Colombia has formally become an OECD Member as of April 28, 2020. Colombia is the 37th country to do so in the Organization’s near 60-year history.

According to the OECD, Colombia has now completed its domestic procedures for ratification of the OECD Convention and deposited its instrument of accession. This brings to a successful conclusion an accession process that began in 2013.

“Colombia is an important market for many companies, and we commend Colombia on successfully concluding this lengthy process and committing to the high standards of the OECD,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl. As the official voice representing U.S. business in this process, USCIB was actively involved in providing input into Colombia’s accession process via Business at OECD (BIAC), the official business voice at the OECD.

OECD Member countries formally invited Colombia to join the Organization in May 2018, following a five-year accession process during which it underwent in-depth reviews by twenty-three OECD Committees and introduced major reforms to align its legislation, policies and practices to OECD standards. These spanned the breadth of policy fields including labor issues, reform of the justice system, corporate governance of state-owned enterprises, anti-bribery, trade, and the establishment of a national policy on industrial chemicals and waste management.

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

Published on April 30, 2020

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.

USCIB Competition Committee Hosts FTC Antitrust Expert

Published on April 23, 2020

USCIB’s Competition Committee held its spring meeting on April 16 in virtual format due to the COVID-19 crisis. The meeting included distinguished speaker Gail Levine, deputy director of the Bureau of Competition at the U.S. Federal Trade Commission (FTC). Jennifer Patterson (Arnold and Porter), who serves as vice chair of the USCIB Competition Committee, introduced Levine and USCIB Competition Committee Chair Dina Kallay (Ericsson) moderated the discussion with members.

“The off-the-record exchange included an update on antitrust enforcement in the time of COVID-19, as well as on recent cases, and the recent Draft Vertical Merger Guidelines, to which USCIB provided comments,” noted USCIB Senior Director for Trade, Investment and Financial Services.

Another issue of interest to members was the technology task force the FTC created in February 2019, which has since then been converted into a “Technology Enforcement Division” (TED) that now has 25 FTEs. The TED was created to monitor competition and investigate potential anticompetitive conduct in markets in which digital technology is an important dimension of competition.

Following the exchange with the government official, the Committee received an update from John Taladay (Baker Botts), chair of the Business at OECD Competition Committee on the upcoming OECD Competition Committee meetings in June. Lisa Kimmel (Crowell & Moring), also provided a summary of USCIB comments on the Department of Justine (DOJ)/FTC Draft Vertical Merger Guidelines, and Eileen Cole (White & Case) provided an update on the recent hearing of the 1-800 Contacts case, for which USCIB submitted an amicus brief, urging the reversal of the FTC ruling.

USCIB Talks OECD Accession with Brazilian Ambassador

Published on April 13, 2020

On the heals of USCIB’s mid-March virtual meeting with newly sworn-in U.S. Ambassador to Brazil Todd C. Chapman, USCIB senior staff, led by Senior Vice President Rob Mulligan, had an excellent introductory call with Brazilian Ambassador Nestor Forster on April 2.  Ambassador Forster, currently charge d’affaires heading the Brazilian Embassy in Washington DC, is awaiting formal confirmation by the Brazilian Senate to assume the title of Brazilian Ambassador to the U.S. Ambassador Forster reached out to USCIB seeking an early direct connection with the organization as the representative of U.S. business to the OECD and U.S. government on all things OECD, including accessions.

USCIB Senior Adviser Shaun Donnelly and Senior Director for Investment, Trade, and Financial Services Eva Hampl joined Mulligan on the call.  Ambassador Forster’s embassy economic counselor also joined.

Ambassador Forster strongly reaffirmed Brazil, and its President Jair Bolsonaro’s, commitment to the OECD accession process as a key pillar of the government’s overall economic reform strategy and move to a more market-based, private sector-driven, competitive economy.

The Ambassador committed that the Brazilian Government would work closely with USCIB and other business organizations from OECD member countries in the “Business at OECD (BIAC)” consortium throughout the accession process – in Paris, in Brazil and in Washington.

“We were able to assure the Ambassador that USCIB and our member companies see Brazil’s OECD accession process as a high priority,” said Donnelly, who is a former U.S. Ambassador and now serves as USCIB’s senior adviser. “We were also able to preview some early specific priority areas where we expected the international business community and OECD member governments would be pressing Brazil for important reforms. We agreed to stay in close contact with Ambassador Forster’s team at the embassy.”

USCIB’s Hampl will be the key staff coordinator on accession issues but almost all USCIB policy staff and committees will be involved in the rigorous review of Brazil’s candidacy by each of the OECD’s committees and related bodies.

“We really appreciate Ambassador Forster making time for an early call with USCIB about Brazil’s OECD accession process,” said Mulligan. “We anticipate working closely with his embassy team, key U.S. government agencies, the OECD staff, our Brazilian counterpart business group CNI, and, of course, all our USCIB members and committees, throughout this important and rigorous accession process.  As the formal accession process gets underway via a formal invitation letter from the OECD Secretary General, we will draw on our experience from Colombia’s accession process.  But even in advance of that formal launch, we will begin seeking member company views and priorities on key issue areas.”

Several times during the meeting, Ambassador Forster emphasized that Brazil would also be seeking to negotiate a comprehensive Free Trade Agreement (FTA) with the United States, at the same time as it is pressing ahead its OECD accession candidacy. USCIB staff indicated USCIB’s interest in such an agreement, noting it would need to comprehensive and high-standard.