USCIB Convenes China Business and Legal Forum

The Washington, D.C. forum brought together Chinese and American business leaders and government officials.
The Washington, D.C. forum brought together Chinese and American business leaders and government officials.

Yesterday in Washington, D.C., USCIB partnered with the China Council for the Promotion of International Trade (CCPIT) and the U.S.-China Legal Exchange Foundation to host a Business and Legal Forum on U.S.-China Trade and Investment at the Cosmos Club. A large Chinese delegation, headed by CCPIT Vice President Dong Songgen, included senior executives from Chinese companies, industry trade groups, legal experts and government officials.

The forum, which was moderated by Tad Ferris, a partner with Holland & Knight LLP and co-chair of USCIB’s China Committee, provided a large Chinese delegation the opportunity to meet with American executives and policy makers, share experiences and gain a deeper understanding of the opportunities for trade and investment between our two countries. The event addressed a range of business issues, presenting both Chinese and American perspectives on such critical topics as intellectual property and innovation, energy and green growth, and enabling frameworks for trade.

Ferris said that the significant effort that went into this forum reflects the importance of the U.S.-China relationship to USCIB and USCIB member companies. He also observed that the forum reinforced bilateral understanding and channels of communication that help USCIB members, Chinese counterparts, and other stakeholders understand critical issues in this relationship and seek mutually beneficial solutions.

Nicole Melcher, the Commerce Department’s director for China and Mongolia, provided keynote remarks, explaining how the U.S. seeks to help smaller companies tap into the burgeoning Chinese market. She said helping American SMEs export to China is a top priority under the Obama administration’s National Export Initiative, which aims to double U.S. exports by 2015.

While SMEs account for more than a third of total U.S. exports, Melcher said, only 10 percent of smaller companies that export are doing so to China. She observed that these companies’ reluctance to enter the Chinese market reflected the uncertainties and risk of doing business there, as well as increasingly aggressive and competitive Chinese companies.

USCIB China Committee Co-Chair Tad Ferris (Holland & Knight) and keynote speaker Nicole Melcher of the U.S. Department of Commerce.
USCIB China Committee Co-Chair Tad Ferris (Holland & Knight) and keynote speaker Nicole Melcher of the U.S. Department of Commerce.

Melcher said the administration aimed to undertake a range of efforts to spur SME exports to China, including a national export marketing campaign, expanded access to financing through the Export-Import Bank and Small Business Administration, and a “one-stop shop” for federal export assistance to promote trade with China.

Melcher also noted the importance of the US-China Joint Commission on Commerce and Trade (JCCT) which is the primary forum for addressing US-China trade issues. The next JCCT will be held before the end of the year.

Another speaker, He Ning, the minister for economic and commercial affairs at the Chinese embassy in Washington, said the economies of China and the United States have never more closely linked than they are today. Total bilateral trade volume reached $466 billion last year, and is expected to reach a new record high this year, he said, while the two countries have become each other’s second-largest trading partners.

But the relationship is not perfect or free of problems, He stated. With have very different legal systems, there is a need for ongoing exchange of legal knowledge between experts in each country to help Chinese and American executives navigate each other’s markets more smoothly, he said.

USCIB Senior Vice President Rob Mulligan praised CCPIT for taking the initiative to propose the forum. “CCPIT has been an important and strategic partner to USCIB for many years,” he said, “and we greatly appreciate the long-term cooperation we have maintained through work on such areas as ATA Carnet and Green Growth.” He said the two groups would work together on a range of initiatives in the future, including a possible forum for USCIB members in Beijing.

More on USCIB’s China Committee

USCIB Releases 2012 Report on Chinas Compliance With its WTO Commitments

4397_image002On October 16, USCIB submitted its 2012 statement to USTR on China’s compliance with its WTO commitments following an earlier Federal Register Notice. USCIB’s Justine Badimon, manager of the China Committee, worked with members from across industry sectors to compile the latest issues and update areas of last year’s report to reflect the current state of affairs.

As in previous reports, USCIB commended the work over the last year of both the U.S. and Chinese governments at maintaining the momentum of important bilateral dialogues such as the U.S.-China Joint Commission on Commerce and Trade (JCCT) and the Strategic & Economic Dialogue (S&ED) as well as several working relationships between U.S. and Chinese agencies, such as the Environmental Protection Agency (EPA) and China’s Ministry of Environmental Protection (MEP). Engagement and exchange of best practices with the Chinese government and business community is a productive approach to addressing our current challenges.

While the positive influence of these dialogues and resulting commitments and outcomes is clearly noted, throughout the report USCIB members detail the on-going concerns with China’s compliance with its WTO commitments in horizontal areas (anti-dumping, certification, licensing, IPR, government procurement, market access, regulatory environment, standards, SOEs and taxation) sector specific concerns (ag bio, audiovisual, chemicals, customs, electronic payments,  express delivery, pharma, software, telecommunications) and finally in a third section which gives examples of certification licensing and testing requirements. Across all sectors, members call for more transparency and better efforts at consistency with regard to China’s regulatory agencies as well as increased efforts at meeting their WTO obligations. If you would like to receive a copy of the 2012 report, please contact USCIB’s Alexandra Garcia at agarcia@uscib.org

Following the submission of the Report to USTR on October 18 in Washington, DC the USCIB China Committee and Trade & Investment Committee met for a briefing with Audrey Winter, deputy assistant USTR for China Affairs. The meeting was held at the offices of Holland & Knight and chaired by Tad Ferris, partner of Holland & Knight and current co-chair of the USCIB China Committee.   This was a timely meeting considering the political climate in both economies, the U.S. presidential election and China’s 18th Party Congress where Xi Jinpeng will be officially announced as new party leader replacing President Hu. Winter briefed the group on the current environment of bi-lateral economic relations between the U.S. and China and gave a snapshot of what is currently on the agenda for USTR with regard to China. Winter reported that at this time there is no public date for the next JCCT meetings but there is hope that there may be a meeting before the end of the year.

The China Committee looks forward to meeting with Winter again for future meetings to follow-up on concerns listed in the WTO report as well as other issues. The meeting also included a reporting out on recent U.S. Government restrictions on Chinese investment by Ron Oleynik, partner of Holland & Knight, and concluded with next steps for the Committee.  A summary of the discussion will be circulated to Committee members.

We thank all USCIB members who took the time to participate in the drafting of our 2012 WTO report and thank those who attended the October 18 meeting.

2012 Report on China’s Compliance with its WTO Commitments

More on USCIB’s China Committee

News Brief New ICC Tool Responds to G20 AntiCorruption Call

The International Chamber of Commerce (ICC), part of USCIB’s global network, has unveiled the latest addition to its suite of tools to help business stamp out corruption: the ICC anti-corruption clause.

Designed for inclusion in any contract, the clause is part of ICC’s commitment to supporting implementation of the United Nations Convention against Corruption (UNCAC) and more active engagement with the Organization for Economic Cooperation and Development (OECD) Anti-Bribery Working Group. It delivers a pragmatic response to calls from G20 leaders for the private sector to play an active role in fighting corruptive practices.

The new clause provides a contractual basis for parties to commit to complying with ICC’s voluntary Rules on Combating Corruption or to implement a corporate anti-corruption compliance program.

Available to download free of charge from ICC’s remodeled website, the clause can support both small- and medium-sized enterprises (SMEs) and multinational companies in their efforts to prevent their contractual relationships being affected by corruption.

Read more on ICC’s website.

More on USCIB’s Trade and Investment Committee

U.S. Council for International Business Investment Policy Work in OECD’s Business Advisory Process

uscib_nwp_layer

The United States Council for International Business (USCIB) represents the U.S. business community in the Business and Industry Advisory Committee (BIAC) to the OECD in Paris. Every year BIAC systematically engages over 2100 business representatives from 49 national business organizations from the OECD’s 34 member nations to work together in 37 different policy groups. BIAC’s Investment Policy Committee works actively with the OECD Committee on Investment and Multinational Enterprises (CIME) and other relevant OECD committees and secretariat staff.   USCIB plays a leadership role in BIAC’s Investment Committee and actively engages with the OECD staff on key investment policy issues.

Some recent documents from BIAC’s investment policy work include:

Questions related to BIAC’s Investment policy work should be addressed to:

Shaun Donnelly
Vice President, Investment, Financial Services and Banking
United States council for International Business
1400 K Street, suite 905
Washington, D.C. 20005
Tel: 202-682-1221
E-Mail sdonnelly@uscib.org

New Report Finds Positive Linkages Between Trade and Jobs

At the September 13 panel discussion (L-R): BIAC Chairman Charlie Heeter (Deloitte), Ed Gresser (Progressive Economy), Ken Ash (OECD), Dorothy Dwoskin (Microsoft), Rob Mulligan (USCIB)
At the September 13 panel discussion (L-R): BIAC Chairman Charlie Heeter (Deloitte), Ed Gresser (Progressive Economy), Ken Ash (OECD), Dorothy Dwoskin (Microsoft), Rob Mulligan (USCIB)

Openness to international trade can be a key factor in driving growth and the creation of more – and better – jobs. But to fully realize the positive aspects of trade, countries must undertake complementary policies that drive skills development, foster private investment, improve infrastructure and provide a solid social safety net.

These are among the conclusions of a landmark study released earlier this year by the International Collaborative Initiative on Trade and Employment (ICITE), “Policy Priorities for International Trade and Jobs.” USCIB, working with the OECD and BIAC, organized a program on September 13 in Washington, D.C. to review the study’s findings.

ICITE is a joint initiative of 10 international organizations, led by the OECD and including the International Labor Organization, the World Trade Organization and the major development banks. Some 60 people from business and government attended the panel discussion.

Rob Mulligan, USCIB’s senior vice president for Washington, served as moderator for the program. He noted recent media reports pointing to a decline in global trade this year, due in part to increased protectionism around the world. At the same time, unemployment remains high in the U.S. and Europe, while the emerging economies are slowing. In this environment, the OECD-led study is especially timely with its conclusion that trade can drive growth and create better jobs when supported by other structural policies.

Ken Ash, the OECD’s director for trade and agriculture, provided an overview of the 450-page report’s key findings. These include:

  • Market openness can be a key factor promoting growth, improving employment and wages, and contributing to better working conditions. But these positive impacts are not automatic. Complementary policies are needed such as investment in human resources and physical infrastructure, a positive climate for investment, and social protection policies to assist individuals.
  • Of the 14 multi-country studies undertaken, all concluded that openness to trade raised national incomes. By contrast, not one has showed that trade restrictiveness had a long term positive impact on growth.
  • Trade, including imports and exports, contributes to new and better jobs. Exporting firms tend to pay higher wages. Imports, by raising productivity growth, create higher wage/skill jobs.
  • The composition of jobs has changed. The global location of manufacturing has shifted from higher to lower income countries over the past 30 years. At the same time, between 1995 and 2005, the services sector accounted for all net job growth in high-income countries, and for 85 percent of new jobs in middle income countries.
  • Appropriate companion policies vary across countries. Public investment in human resources and physical infrastructure may be particularly important in many less developed countries.

Following Ash’s presentation, a panel of private sector experts shared observations on the report and suggestions for areas of further work. Dorothy Dwoskin, senior director of global trade policy and strategy with Microsoft, highlighted several areas of the report she strongly supported, including the conclusions about the importance of services as the great enabler of the economy overall. She agreed with the need for complementary policies, especially those that relate to skills or talent, and expressed concern that the U.S. could lose its ability to lead the changing global economy due to a skills and talent deficit.

For example, Dwoskin noted that in computer science, the U.S. Bureau of Labor statistics projects there will be 1.5 million job openings between 2010 and 2020, and 1.2 million of those jobs will require at least a bachelors degree. Yet in 2010, only 60,000 individuals graduated from U.S. with computer science degrees from U.S. universities. In terms of things missing from the report, Dwoskin said she hoped the rule of law would figure more prominently, particularly the importance of intellectual property protection.

Another panelist, Ed Gresser, executive director of Progressive Economy, provided some additional data related to the key points from the report. On the benefits of trade, he noted that the U.S. economy opened significantly between 1992 and 2005 as the result of NAFTA and the Uruguay Round. During that period, spending on clothes, shoes, linens, furniture, audiovisual equipment and appliances went down from 10.1 percent of family budgets in 1990 to 7.0 percent of family budgets, saving $2,100 annually for a family with children.

Looking at trade restrictions, Gresser noted that tariffs maintained on clothes, shoes, linens and luggage since the 1970s have resulted in almost $40 billion in cost to the public, while employment in these industries has decreased by 85 to 98 percent. Reinforcing the importance the new report places on complementary policies, especially education, he noted that Americans over 25 with a college degree or more have a 4.1 percent unemployment rate, while those with no degree have a 12 percent unemployment rate.

The final panelist, BIAC Chairman Charlie Heeter, managing director for global public policy with for Deloitte Touche Tohmatsu, recognized the great value of the report in providing thorough, evidence-based analysis that supports open trade policies. But he said there is still much to be done to make the arguments in terms that people can readily understand. He too stressed the importance of supportive policies to facilitate labor market mobility, the acquisition of new work-related skills, job search and placement, and income-support and related social services.

Heeter applauded the prominence given to trade in services, but expressed concern that the role of services in the global economy is understated and not entirely understood. Government statistics do not adequately capture the impact of services on trade, while many of the barriers to services trade are the result of domestic regulations rather than border measures.

All of the program speakers agreed that the ICITE study provides very useful data and analysis supporting the case for open trade, but more is needed to translate this type of information into compelling narratives that can convince governments to adopt the policies needed to drive growth and avoid trade restrictive measures.

Finally, a separate panel discussion of the OECD study was held at the World Bank. Click here to view a video of that session.

Staff contact: Rob Mulligan

More on USCIB’s Trade and Investment Committee

USCIB Contributes Expertise as Trans-Pacific Trade Talks Move Forward

tankerUSCIB staff were active on the margins of the 14th Negotiating Round of the Trans-Pacific Partnership (TPP), held September 6 to 15 in Leesburg, Virginia.  Parties to the TPP – which currently encompasses the United States, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam – are seeking to negotiate a multilateral pact to liberalize trade and investment across the Pacific region.  At the recent APEC Summit in Vladivostok, leaders from the TPP nations issued a statement expressing confidence that their goal was within reach.

During a “stakeholders day” on September 9, Shaun Donnelly, USCIB’s vice president for investment and financial services made a presentation on “TPP’s Investment Chapter: A Strong Tool for Economic Integration, Growth, and Jobs.”  Donnelly, who co-chair of the TPP Business Coalition’s investment task force, also held informal consultations with negotiators from the United States and other parties, underscoring the importance of a strong TPP investment chapter with binding investor-state dispute settlement provisions.  Both in his formal presentation and in follow-up meetings, Donnelly further stressed industry’s strong support for disciplines to assure a level playing field when private companies compete with state-owned or state-supported enterprises.

Nasim Deylami, USCIB’s manager of customs and trade facilitation, joined executives from USCIB member companies FedEx and Levi Strauss at a meeting with the nine chief negotiators on potential public-private partnerships on capacity building for the TPP economies. Deylami made a presentation on existing trade facilitation capacity building initiatives in APEC. The meeting, led by the Center for Strategic and International Studies, also drew participation from the U.S. Chamber of Commerce, Grocery Manufacturers of America, and National Foreign Trade Council.

“Initial indications are that, with a lot of hard work by U.S. and other government negotiators, good progress was made in several key TPP chapters,” commented Donnelly.  “But a comprehensive TPP agreement still remains a ways off, and is not a sure thing.  USCIB and the U.S. business community continue to press our government and others for a ‘gold standard’ agreement to address the trade and investment challenges of the 21st century – one that is ambitious, comprehensive and enforceable.”

With Canada and Mexico officially joining the negotiating process in October, the TPP now grows to 11 participating countries.  The next formal negotiating round is slated for December 3-12 in Auckland, New Zealand.

Staff contacts: Rob Mulligan, Shaun Donnelly and Kristin Isabelli

More on USCIB’s Trade and Investment Committee

More on USCIB’s Customs and Trade Facilitation Committee

USCIB Highlights Business Priorities for Upcoming UPU Ministerial

The Universal Postal Union (UPU) holds its quadrennial “congress” (i.e., ministerial) meeting in Doha, Qatar from September 24 to October 15. USCIB continues to urge the U.S. delegation to the UPU to work closely with interested U.S. private-sector companies, and to pay particular attention to assuring a level playing field if and when postal services anywhere in the world compete directly with the private sector, including on package delivery services and financial services.

As postal revenue dries up around the world, many publicly operated postal organizations may be tempted to get into new lines of business. This presents a vexing challenge to private-sector companies that may find themselves in competition with these state-supported entities. Last November, USCIB and three other business groups sent a letter to the Obama Administration urging the U.S. to prepare diligently for the Doha congress.

Staff contact: Shaun Donnelly

More on USCIB’s Trade and Investment Committee

ICC Launches First International Supply-Chain Financing Conference

digital mapInnovations in working capital solutions are more vital in today’s economic climate than they have ever been before. With companies and suppliers under conflicting pressures to improve payment terms, reduce prices and improve cash flow efficiencies, the International Chamber of Commerce (ICC) and its Banking Commission are focusing on establishing new financial solutions that will enable corporations to maintain a resilient supply chain. In light of this, the ICC Banking Commission has organized its first-ever ICC Supply-Chain Financing Conference, in Paris on October 4-5.

“World trade is predicted to grow by 75% in the next 15 years, with merchandise trade volumes set to climb to US$48 trillion by 2025, up from US$27.2 trillion today. From today’s emerging markets, new international powerhouses will arise to further drive world trade growth,” said Andre Casterman, Conference Co-Chair, Head of Banking and Trade Solutions, SWIFT and Co-Chair of the ICC Bank Payment Obligation (BPO) Project.

“To support such growth in a volatile economic climate, new supply chain finance rules are being established – Bank Payment Obligation rules, for instance, offer a new instrument that combines the benefits of the letter of credit with those of open account trade,” Mr. Casterman said. “Our conference provides a unique opportunity to learn from corporate experts and bankers about their visions and strategies for supply chain finance today.”

The conference combines educational sessions on different supply chain finance techniques while drawing on case studies and examples of best practice. Topics will be divided between “Invoice-based supply chain finance techniques” and “Purchase order-based supply chain finance techniques”.

Click here to read more on ICC’s website.

Staff Contact: Eva Hampl

More on USCIB’s Banking and Trade Finance Committee

Business Presses Capitol Hill to Act Now on Russia Trade Act

russia usa jigsawLast week, USCIB and other top business associations joined in pressing top Congressional leadership to swiftly pass legislation that would enable U.S. firms to compete on an equal footing in Russia as that country joins the World Trade Organization.

In a letter to House Speaker John Boehner, Minority Leader Nancy Pelosi, Senate Majority Leader Harry Reid and Senate Minority Leader Mitch McConnell, the industry groups urged the leadership to work together to pass Russia PNTR (permanent normal trade relations) legislation this month.

“This legislation, which is the top trade priority for the business community this year, is needed to give U.S. manufacturers, farmers, and service providers a fair chance to compete and sell more of their goods and services to Russia,” stated the letter signed by USCIB President and CEO Peter M. Robinson and the nine other business association heads.

Underscoring that Russia is now a WTO member as of August 22, the business leaders stressed that, “more than 150 WTO countries – except the United States – can now fully benefit from much better access to the Russian marketplace and important new WTO rights, including stronger IP protections, greater transparency, and recourse to the WTO’s dispute settlement procedures if Russia fails to meet its commitments.”

By contrast, they noted, “the United States will not have the same WTO rights and economic opportunities until Congress passes Russia PNTR.  This creates business uncertainty for U.S. companies seeking to expand in the Russian market and also gives foreign competitors a significant advantage in securing new sales and contracts there.”

In addition to USCIB, the letter was signed by the heads of the American Farm Bureau Federation, Business Roundtable, Coalition of Services Industries, Emergency Committee for American Trade, Information Technology Industry Council, National Association of Manufacturers, National Foreign Trade Council, U.S. Chamber of Commerce and U.S.-Russia Business Council.

Staff contact: Rob Mulligan

Business association letter on Russia PNTR

More on USCIB’s Trade and Investment Committee

More on USCIB’s Emerging Markets Committee

Congressional Report Highlights OECD’s Important Role

oecd congressional reportIn July, the Congressional Research Service (CRS), the respected non-partisan research and policy analysis arm of the Library of Congress, published a concise, 10-page report on the Organization for Economic Cooperation and Development (OECD).

The OECD is, of course, particularly important and relevant to USCIB and its members, given our unique role as the U.S. affiliate of the OECD’s Business and Industry Advisory Committee (BIAC).  The CRS study is a fair and constructive assessment of a complex – and sometimes misunderstood – organization.

The very readable CRS report reviews the history and structure of the OECD, its committees and secretariat staff, its substantively rigorous “peer review” culture, and its increasingly relevant work in support of the G8 and G20 processes.

The report emphasizes the OECD’s pro-market, pro-growth orientation.  It highlights some of the OECD’s work and international leadership on a range of important issues, include trade and investment, macroeconomic policy, education and job skills, environmental sustainability, anti-bribery, and pro-competitive markets.  Work on critical issues like combating terrorism and anti-money laundering (through the affiliated Financial Action Task Force) and on export credit subsidies (through the Export Credit Arrangement) exemplify the OECD’s unique contribution hosting important niche efforts on critical issues that include both OECD members and non-members.

The OECD is driving progress on tough issues that are important to American companies, including tax policy, privacy, the green economy and investment policy.  It is staying abreast of top-drawer issues, for example through new cross-cutting analytical work to promote “competitive neutrality” between state-owned enterprises and private-sector firms.

In each of these areas, as well as many other areas, USCIB staff and our member company representatives are playing leadership roles through BIAC, as well as directly with the OECD, its members governments, and beyond to help make OECD the unique, global economic think tank that it can and should be.

As reaffirmed in the new CRS report, the United States needs a strong, effective, open and pragmatic OECD.  So does American business.  USCIB is working hard to help make that happen.

Staff contact: Shaun Donnelly

More on USCIB’s Trade and Investment Committee