Alice Slayton Clark Archives

USCIB Opposes Proposed Rule on ICT-Related Transactions 

Published on January 13, 2020

USCIB joined a coalition of over thirty other associations to send a letter to U.S. Secretary of Commerce Wilbur Ross regarding a proposed rule to implement an Executive Order on Securing the Information and Communications Technology and Services (ICTS) Supply Chain. This rule would provide the U.S. government with the authority to block, intervene in and unwind certain ICTS-related transactions on the grounds of national security.

The letter stated: “Our members share the Administration’s commitment to ensuring that ICTS transactions do not pose undue risks to national security. However, we view the proposed rule as vague and highly problematic because as written, it would provide the Department with nearly unlimited authority to intervene in virtually any commercial transaction between U.S. companies and their foreign counterparts that involves technology, with little to no due process, accountability, transparency, or coordination with other government programs that are also designed to protect national security.”

According to the letter, the proposed rule does not provide sufficient legal clarity to American companies to identify transactions that could be in scope, which would create significant uncertainty in the business community, disrupt global supply chains and make a range of trade and investment decisions very difficult. Under the proposed rule, companies may also bear higher costs as they alter long-standing business relationships, search for new suppliers and unwind transactions, which will harm U.S. competitiveness and technology leadership.

“An open investment climate with predictable rules is vital to economic growth and development,” said Eva Hampl, senior director of investment, trade and financial services at USCIB. “While national security concerns should be a consideration, virtually unlimited government authority to intervene in transactions could cause significant economic harm to U.S. businesses and consumers.”

USCIB Discusses Online Platforms With Department of Justice

Published on January 6, 2020

USCIB hosted a meeting with officials from the U.S. Department of Justice (DOJ) on the “Big Tech” review of online platforms on December 18. The meeting brought together USCIB members, staff as well as specialists who spoke on these issues, including Associate Deputy Attorney General and Senior Advisor for Technology Industries Ryan Shores and Counsel to the Attorney General Lauren Willard.

In July of 2019, the DOJ announced the review of market-leading online platforms. This review is considering competition and other issues related to online platforms, including a recently-announced review of Section 230 of the Communications Decency Act. Shores was appointed to his position in October of this year to lead this review effort.

“Wednesday’s meeting provided a great opportunity for members to exchange views with the DOJ officials on these important issues,” said Eva Hampl, senior director for investment, trade and financial services, who leads USCIB’s work on competition policy.

Trade Conference Focuses on Inclusive Global Economy

Published on December 3, 2019

Amid backlash to increased international trade and rising populism and protectionism across the globe, the Institute of Human Rights and Business (IHRB) held a conference on December 3 in London entitled Next Generation Trade: Building a Principled, People-Centred Global Economy. USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog and Senior Director for Investment, Trade and Financial Services Eva Hampl represented USCIB.

The conference focused on the issue of building a principled, people-centered global economy, and highlighted issues including climate, the future of work, the multilateral trading system, inclusive trade, and data and technology.

USCIB is very active in the space of trade and investment, as well as corporate responsibility and business and human rights.

“With an increasing public focus on international trade, it is imperative for the business voice to be heard in a variety of fora, emphasizing the message that trade and investment are vital contributors to economic growth and development,” said Hampl.

USCIB continues to believe that the World Trade Organization (WTO) is a pillar of the multilateral trading system and that the value of this trade institution cannot be overstated, and its continued existence is critical.

Hampl Weighs In On WTO Discussions on E-Commerce

Published on November 19, 2019

The sixth negotiating round of the Joint Statement Initiative (JSI) on E-Commerce is taking place at the WTO in Geneva this week. The JSI is negotiating a plurilateral agreement on digital trade, also referred to as the WTO E-Commerce Agreement. USCIB Senior Director, Investment Trade and Financial Services Eva Hampl is on the ground in Geneva this week on behalf of USCIB and members in support of this important initiative at the WTO, which attempts to write global rules on digital trade.

The JSI started out with seventy-six WTO members and as of this week that number has risen to 81, with Indonesia being the latest to join the plurilateral effort. Issues discussed this week include customs duties, access to internet and data, business trust, capacity building, legal issues, and market access.

“This will be the final round before the WTO General Council meeting taking place December 9-11 in Geneva. Negotiations are expected to resume in the new year at a similar pace, with an eye toward an outcome by MC12 in June 2020,” stated Hampl.

Earlier this year, USCIB issued recommendations on the E-Commerce negotiations, reflecting member priorities, including issues like data flows and localization. USCIB is actively engaging with governments involved in the negotiations in Geneva through various efforts, including the Digital Trade Network and the International Chamber of Commerce.

On Thursday, November 21, USCIB is supporting a side event by the ICC on the Moratorium on Customs Duties on Electronic Transmission (E-Commerce Moratorium), which is currently expiring at the end of the year. The panel will discuss the implications of not extending the moratorium, including in the context of the recent OECD Report. At this time, fifteen WTO members have proposed to extend the Moratorium until MC12 in June 2020. In order for an extension to be possible, unanimous support is required.

Donnelly Pushes for Strong Investment Protections at UNCTAD

Published on November 19, 2019

USCIB Vice President Shaun Donnelly led a small but vocal team of international business representatives at the November 13 annual High-Level Experts Group on International Investment Agreements (IIAs) at the UN Conference on Trade and Development (UNCTAD) in Geneva. In a room dominated by developing country and NGO reps and academics, Donnelly was the sole business speaker on the opening keynote panel. Donnelly also joined a French business delegate on the key follow-up panel on “Reforming Investor-State Dispute Settlement (ISDS).” Other panels included business representatives from USCIB’s BDI colleagues (German industry group) and from the World Economic Forum (WEF).

“In both my presentations, I emphasized a business view on the need for strong investment protections to help reduce risk and mobilize much-needed foreign direct investment (FDI) flows,” said Donnelly. “With limited public finance and official development aid resources, FDI is key to global economic growth and progress toward the UN Sustainable Development Goals (SDGs). Furthermore, strong IIAs are key to mobilizing FDI. In turn, strong ISDS provisions are essential to effective IIAs.”

According to Donnelly, on the ISDS panel, he was able to rebut a European Commission official who was pitching, as they are in multiple fora these days, their proposal for a standing multilateral investment court to replace the well-established ISDS arbitration system.

“UNCTAD can be a challenging organization, often promoting unhelpful non-market views, but in the investment area it offers a unique opportunity for good dialogue with developing country officials and a platform to confront unhelpful EU initiatives,” he added.

OECD Report Weighs In On WTO Moratorium Debate

Published on November 11, 2019

The much-anticipated Organization for Economic Cooperation and Development (OECD) report on the World Trade Organization (WTO) moratorium on customs duties on electronic transmissions was de-classified on November 4.

According to USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan, the report, “Electronic transmissions and international trade – Shedding new light on the moratorium debate,” concludes that revenue implications of lifting the Moratorium are likely to be relatively small and would come at the expense of more significant gains in consumer welfare (estimated at 940 million USD) and export competitiveness.

The Moratorium, which has been in place since 1998 and has been continuously extended every couple of years since then, is once again due to expire at the end of 2019. Keeping the Moratorium is crucial for business, and USCIB has been actively engaged in pushing back against the opponents of extending the Moratorium with the ultimate goal of making it permanent.

The OECD report also notes that the highest estimated share of opportunity cost in terms of foregone revenue is in digitizable goods, which is low, at 1.2% of total trade. This will likely remain low even with the advent of technologies such as 3D printing, which are unlikely to have far-reaching implications on trade in the near term.

The report noted that tariffs also come with costs. Tariffs are associated with lower output and lower productivity and their burden falls mainly on domestic consumers, not foreign firms. Tariffs are also an unstable source of revenue. Alternatives exist in the form of non-discriminatory value added taxes or goods and services taxes.

The WTO General Council meeting, set for December 9-11, will provide a final opportunity to extend the Moratorium.

USCIB Welcomes New US Ambassador to UN in Geneva

Published on November 11, 2019
L-R: Rob Mulligan, Peter Robinson, Andrew Bremberg, Shaun Donnelly

Newly-confirmed U.S. Ambassador to the United Nations offices in Geneva, Andrew Bremberg, visited USCIB’s Washington office on November 5 to share U.S. government priorities and to hear business perspectives and concerns before heading to Geneva to assume his post later this week. Throughout the discussion, Ambassador Bremberg emphasized that the U.S. government’s current priority, as well as his top personal priority, is to reform and improve international organizations.  

USCIB members from The Walt Disney Company, Facebook, ExxonMobil, Hanesbrands, PMI and Walmart, along with USCIB policy experts, emphasized the importance of supporting inclusive multilateralism such as that found in the World Trade Organization and International Labor Organization, and changing the persistent and counter-productive discriminatory treatment that the private sector encounters in some UN agencies.

USCIB’s Norine Kennedy, who helped lead the USCIB delegation to Geneva earlier this year, noted USCIB initiatives to help further inclusive multilateralism through USCIB’s All In Campaign. Several participants expressed appreciation for the support Ambassador Bremberg’s team at the U.S. Mission in Geneva has been providing to U.S. business.

“We see ourselves as global regulatory diplomats,” added USCIB President and CEO Peter Robinson. “The challenges facing society today cannot be solved by governments without having business at the table.  We look forward to working with Ambassador Bremberg and his staff as he begins his important work with the WHO, the World Intellectual Property Organization, the International Labor Organization, the International Telecommunications Union and other UN agencies in Geneva.”

 

New OECD Deputy Secretary General Meets With USCIB

Published on November 11, 2019
L-R: OECD Deputy Secretary General Ulrik Vestergaard Knudsen; Head of the OECD’s Washington office Will Davis

USCIB members and staff had the opportunity to meet with the new Organization for Economic Cooperation and Development (OECD) Deputy Secretary-General Ulrik Vestergaard Knudsen on November 5 at the USCIB Washington DC office. Knudsen’s diverse policy portfolio at the OECD includes science, technology and innovation, trade and agriculture, the OECD Center for Entrepreneurship, SMEs, as well as regions and cities.

The dialogue between Knudsen and USCIB members focused on areas of mutual interest such as taxation policy, including the pressing issue of digital taxation, as well as cross-border data flows, healthcare, trade and investment, digital trade, and the Going Digital Project. Knudsen also mentioned Artificial Intelligence (AI) as an increasingly important issue for the OECD and the establishment of the OECD AI Policy Observatory, which will help countries nurture and monitor the responsible development of trustworthy AI systems for the benefit of society.

L-R: Norine Kennedy (USCIB), Will Davis (OECD Washington), Ambassador Ulrik Vestergaard Knudsen (OECD), Peter Robinson (USCIB), Eva Hampl (USCIB), Rob Mulligan (USCIB)

USCIB members from Microsoft, IBM, General Electric, CropLife America, Walmart and others, benefited from the opportunity to hear directly from OECD leadership regarding the OECD’s priorities as well as an update on the OECD accession process. USCIB participants underlined the importance of maximizing access for business and other responsible stakeholders in all OECD committee meetings.

“We are grateful that DSG Knudsen took the time to meet with U.S. business,” said USCIB Senior Vice President for Policy and Government Relations Rob Mulligan. “USCIB staff and members always appreciate an opportunity to provide perspectives to the OECD staff and secretariat to help inform the OECD’s science-based policy recommendations.”

USCIB is the U.S. national committee of Business at OECD (BIAC).

P&G, Pepsi Receive Prestigious State Department ACE Awards

Published on November 5, 2019
P&G’s Selina Jackson accepts ACE Award for Women’s Economic Engagement

Secretary of State Mike Pompeo presented the State Department’s annual Awards for Corporate Excellence (ACE Awards) for 2019 at an impressive public ceremony at the Department on October 31. As in most years, USCIB member companies swept the large multinational company categories.

Procter & Gamble Vice President of Global Government Relations and Public Policy Selina Jackson accepted the ACE Award for Women’s Economic Empowerment on behalf of P&G Asia Pacific for its impressive program to develop and promote women executives and managers through that key region.

PepsiCo’s Phil Myers accepts ACE Award for Sustainable Operations

PepsiCo Senior Vice President, Global Government Affairs and Public Policy, Phil Myers accepted the ACE for Sustainable Operations on behalf of PepsiCo India, recognizing its path-breaking work on water conservation and quality in India. Both recipients, as well as the winners in the parallel Small and Medium Enterprise categories, delivered gracious remarks to the crowd of U.S. government officials, foreign diplomats and business leaders.

PepsiCo and P&G were selected from impressive cohorts of nominations by U.S. Ambassadors around the world, each nominating particularly outstanding corporate citizens in the local U.S. business community.  P&G is a repeat winner, having won a 2011 ACE for its work in Nigeria and Pakistan. USCIB Vice President and former U.S. Ambassador Shaun Donnelly represented USCIB at the ceremony and congratulated USCIB member company winners.

“It seems almost every year, USCIB member companies win one or both of these prestigious ACE Awards,” Donnelly said.  “Our member companies, typified by P&G and PepsiCo, are widely recognized as leaders in all areas or corporate responsibility and sustainability in a wide range of foreign countries, developed and developing, including in some very challenging environments. We are very proud to see them recognized.”

For a list of previous ACE Award winners, see here.

 

USCIB Member Reports on Recent UN International Trade Law Meetings

Published on November 5, 2019

Lauren Mandell, an international investment expert from the Washington DC office of USCIB member WilmerHale and a former deputy assistant U.S. Trade Representative for investment policy, represented USCIB at the October 14-18 meeting of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III in Vienna. Mandell was one of a small handful of business and arbitration community observers at this semiannual meeting.

UNCITRAL’s Working Group III is focused on “reforming” the Investor-State Dispute Settlement (ISDS) arbitration system, which is widely used to resolve investment disputes between host governments and foreign investors. Some governments and civil society activists have long criticized the ISDS system. In recent years the European Union has jumped on board, aggressively pushing its proposal for a government-dominated multilateral investment court and appellate mechanism to replace traditional ISDS. According to Mandell, even long-standing U.S. government policy supporting a high-standard ISDS system has wavered.

Photo source: UNCITRAL.org

“It was very valuable to have an experienced, eloquent investment policy expert like Lauren participating in this important investment policy body,” said USCIB Vice President for Investment Policy Shaun Donnelly. “Although UNCITRAL may be, to some, an obscure UN agency, it’s where the action is these days on international investment policy and, specifically, on ISDS. We at USCIB and many of our member companies see ISDS as a key pillar for global Foreign Direct Investment (FDI) decisions. We will continue to work with Lauren, the U.S. government and our members in UNCITRAL and beyond to defend strong investment protections.”

The next meeting of UNCITRAL Working Group III, scheduled January 20-24, 2020, will be critically important for the business community because the meeting will focus on the EU’s proposed multilateral investment court. For more information, contact Shaun Donnelly or Lauren Mandell (lauren.mandell@wilmerhale.com) for further information.