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.”

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OECD Emphasizes Adverse Impact of US-China Trade Tensions on Economy

The OECD’s semi-annual Economic Outlook, issued on November 21, warns that U.S.-China trade tensions are adversely affecting the global economic outlook and that the majority of the burden will be felt by U.S. consumers.  And if the U.S.-China trade disputes continue to escalate, world trade could reduce significantly by 2021.  In his remarks presenting the latest Economic Outlook, OECD Secretary General Angel Gurria highlighted downward adjustments in OECD’s forecasts for GDP growth rates from their May Outlook: dropping from 3.7% to 3.5% growth globally for 2019, with an additional 3.5% drop in 2020.

For the U.S. specifically, the OECD forecast for 2019 growth drops from 2.9% in May to 2.7% in this report and a further drop to 2.1% in 2020. For Europe’s “Euro Area”, the OECD now estimates 1.6% (down from 1.8% in the May Outlook) and 1.6% growth again in 2020. For China, the OECD is now forecasting 6.32% annual growth in 2019 (down from 6.6% in the May forecast) and 6.3% growth again in 2020.  The slides from the OECD presentation demonstrate in more detail key trends the OECD identifies over the coming years.

Gurria highlighted one major reason for this decline in global growth prospects is a breakdown in international cooperation. The imposition of new tariffs and uncertainty about further restrictive trade actions are contributing to a marked slowdown in trade growth, dampening global investment and threatening jobs and living standards. The international rules-based system that has governed trade since the end of the Second World War has been undermined. Gurria’s perspective is blunt – “Protectionism is not the answer.” While Gurria does not explicitly call out U.S. trade policies, it seems clear that the U.S.-China trades disputes and U.S. more aggressive unilateral trade policy are significant factors helping drive down global economic forecasts.

USCIB President and CEO Peter Robinson took note of the OECD’s semi-annual Economic Outlook. “The OECD has earned international respect for its detailed and apolitical economic outlooks,” said Robinson.  “All of us – governments, businesses and citizens – need to take heed to this OECD alarm bell.  Economic growth is the force that drives investment, trade, jobs and better lives for citizens around the world.  It seems clear that one key concerns causing the OECD and other experts to adjust their economic forecasts downward is increased protectionism.  I agree with Secretary General Gurria that protectionism is not a solution; protectionism begets protectionism and downward pressures.  We call upon the U.S. government, as well as other leading trade powers, to reject protectionism and provide global leadership to open trade and investment opportunities around the world.”

The OECD’s press release provides an excellent summary of their key analysis, findings and recommendations.

Joint Conference Addresses Digital Taxation

The German business association BDI hosted the OECD, Business at OECD, USCIB and other business representatives at a joint conference in Berlin, Germany on November 6 to contribute to the current debate on digital taxation. The OECD is the leading organization in developing a consensus approach to this debate.

Leading global tax experts discussed current business models and value creation, profit allocation and nexus rules, and future challenges of profit taxation. Among them was USCIB Taxation Committee Chair Bill Sample (Microsoft Corporation) who gave a keynote on a panel, “Future Challenges of Profit Taxation.”

Sample spoke about a “borderless world,” with borderless businesses and borderless consumers, which increases the need for governments to work together to reduce the negative impact of hard borders on the digitalized economy.

The event, titled International Taxation in Light of Digitalization, also featured participation by OECD Deputy Secretary General Ludger Shucknecht and Director for the OECD Center for Tax Policy and Administration Pascal Saint-Amans, as well as Head of the International Tax Unit at the German Federal Ministry of Finance Christian Schleithoff.

Climate Workshop Emphasizes Business Engagement

The workshop presented a draft USCIB report on Business Engagement in Implementation of National Pledges under the Paris Agreement.
Participants discussed what will be necessary to mobilize business action, investment and innovation to advance national and global actions toward the Paris Agreement.

The Major Economies Business Forum (BizMEF), of which USCIB is a leading member, joined forces with the Business and Industry Advisory Committee to the OECD (Business at OECD) to convene a day long workshop at the OECD Conference Center on October 10 in Paris. The objective of the meeting was to present a draft USCIB report on Business Engagement in Implementation of National Pledges under the Paris Agreement, and to discuss what will be necessary to mobilize business action, investment and innovation to advance national and global actions toward the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement.

This event was organized on the margins of the OECD Climate Change Experts Group meetings on October 8-9 and included key players from the OECD and the UN Climate Change Negotiations:

  • Director of the OECD Environment Directorate Rodolfo Lacy
  • OECD Climate Change Experts Group Chair Helen Plume (New Zealand)
  • Fiji Ambassador Deo Saran
  • Chair of the UNFCCC Subsidiary Body on Science and Technology Advice, Paul Watkinson (France)

Opening the meeting, Secretary General of Business at OECD Russel Mills stated that as key implementation details of the Paris Agreement are completed, business is looking for “smart rules that would animate business expertise and enthusiasm.”  Business representatives from Japan, Morocco, the Netherlands, France, the UK, Sweden, and others provided examples of public-private partnerships to advance, assess and improve national pledges under the Paris Agreement.

Professor Henry D. Jacoby, of the MIT Joint Program on the Science and Policy of Global Change, Sloan School of Management, reflected on the unique ability of business to connect near-term pragmatic action to long term objectives and planning inherent in the multi-decadal efforts needed to address climate change.  “Doing otherwise,” he said, “risks not only stranded assets, but stranded communities and economies.”

At the end of the session, USCIB Vice President for Strategic International Engagement, Energy and Environment Norine Kennedy presented a BizMEF proposal for an inclusive and recognized platform for business to be introduced in the UN climate change agreement.  This platform could be similar to the Global Business Platform in the Convention on Biological Diversity, organized on national and regional focal points to involve companies of all sectors, sizes and nationalities, with the mandate to respond to government requests for information or input, and to offer both implementation and policy advice to the UNFCCC process.

“We need an all hands on deck approach to climate policy design, innovation deployment, infrastructure investment and action to deliver current national pledges,” emphasized Kennedy.  “Bringing business to the table in an ongoing and mutually beneficial working relationship, linked between national and global levels, will be indispensable to growing prosperity, energy access and security and resilient solutions to climate change.”

Over 50 participants from governments, academia, the UN and business joined the discussion, which also considered the recently announced IPCC Special Report on 1.5 Degrees C.  This landmark report found that limiting an increase in global temperatures to no more than 1.5 degrees from pre-industrial levels was possible, but would require unprecedented actions.  Parties to the UNFCCC and Paris Agreement have pledged to keep global temperature change to no more than 2 degrees C, yet there is growing political pressure in the UN climate negotiations to agree a more stringent target of 1.5 degrees.

The USCIB Report will be finalized to reflect the October 10 workshop discussions, and presented at the UN Climate Change Conference of Parties, from December 2 – 14 in Poland.

USCIB Hosts U.S. Chargé to OECD Andrew Havilland

Acting Head (“Chargé d’Affaires”) of the U.S. Mission to the OECD Andrew Havilland speaks with USCIB members
Havilland reviewed OECD activities and upcoming challenges, cooperation of both the U.S. Mission and the sprawling OECD structures with Business at OECD and ways to strengthen those government/business links.
USCIB will be organizing a parallel session for Nan Fife and her “OECD desk” team from state to meet with member companies.

Two dozen USCIB member companies met with Andrew Havilland, acting head (“chargé d’affaires”) of the U.S. Mission to the OECD on October 11 at USCIB’s Washington office. In a wide-ranging hour-long give and take, Havilland reviewed OECD activities and upcoming challenges, cooperation of both the U.S. Mission and the sprawling OECD structures with the Business and Industry Advisory Committee to the OECD (Business at OECD) group and ways to strengthen those government/business links.

Access for Business at OECD members to some important OECD committees was highlighted as an important ongoing problem.  Digital trade, tax, health, and competition policy remain important priority areas for USCIB member companies.  OECD work on “Illicit trade” is also an area of growing interest for member companies.  And accession of new member countries to the OECD, both the process and potential individual candidate countries remain very important issues for many member companies.  Member companies were appreciative of the support they are getting from Havilland’s U.S. Mission team in Paris.

Nan Fife, the newly-arrived office director of the Economic Policy and Public Diplomacy (EPPD) Office in the State Department’s Economic and Business Bureau (EB), the “desk” coordinating U.S. Government policy toward the OECD, accompanied Havilland to the session and chimed in, encouraging USCIB and member companies with interests or concerns on OECD issues to work with her and her team as well as relevant Washington agencies.  USCIB will be organizing another parallel session for Fife and her “OECD desk” team from state to meet with member companies.

USCIB Vice President for Investment Policy and Financial Services Shaun Donnelly, who moderated the session, praised Havilland for making time to meet with business and for his “expertise, candor, and open door for business. “USCIB really appreciates Andrew Havilland and the entire team at the U.S. Mission to the OECD,” said Donnelly. “They have been great partners on a range of important issues around the OECD for USCIB and for BIAC.”        

 

Pamela Bates Nominated as US Ambassador to OECD

Pamela Bates
Photo source: Securitas Global Risk Solutions

On September 24, President Donald Trump officially nominated Pamela Bates to be next U.S. Permanent Representative to the Organization for Economic Cooperation and Development (OECD) in Paris. If confirmed by the U.S. Senate, Bates would replace Ambassador Daniel Yohannes, who departed the post in January 2017.  In the interim the U.S. Mission to the OECD had been capably led, first, by Peter Haas, and currently by Andrew Havilland as Chargé d’Affaires.

Bates is awaiting a confirmation hearing in front of the Senate Foreign Relations Committee.

Bates has considerable experience as a State Department Foreign Service Officer (FSO) specializing in economic policy work and including a tour of duty on the staff of the U.S. Mission to the OECD which she is now being nominated to head.  USCIB CEO and President Peter Robinson welcomed her nomination.  “We at USCIB are delighted to see the nomination of an experienced economic policy maker to be the next U.S. Ambassador at the OECD,” said Robinson. “USCIB works closely with the OECD as the sole U.S. business affiliate of the OECD’s Business and Industry Advisory Committee (Business at OECD).  We and our member companies have worked closely with previous U.S. ambassadors and their staffs and look forward to continuing that close cooperation with Pamela Bates once she is confirmed and on the job in Paris.”

USCIB Vice President for Investment Policy and Financial Services Shaun Donnelly, himself a retired State Department economic officer and former Ambassador, added, “I’ve known Pam Bates from our time together at the State Department and am confident she’ll do an excellent job representing our Government at the OECD and leading the U.S. Mission.  She comes to this important post well prepared.”

Bates served for 24 years as a career member of the United States Foreign Service before assuming her current role as a partner at Securitas Global Risk Solutions in Wayne, Pennsylvania, in 2017.  While with the State Department, Bates’ assignments included service as deputy director of the Economic and Commercial Studies Division for the National Foreign Affairs Training Institute in Arlington, Virginia, and as the senior energy advisor at the United States Mission to the Organization for Economic Cooperation and Development in Paris, France.  She also served in the State Department’s Bureau of Economic and Business Affairs.  Ms. Bates earned her AB degree from Bowdoin College, her MA from John Hopkins University School of Advanced International Studies, and her MBA from the Wharton School of the University of Pennsylvania.  She speaks French, Spanish, Portuguese, and German.

International Business Magazine: Fall/Summer 2018

The Summer/Fall 2018 issue of USCIB’s quarterly International Business magazine is available here. The issue features a timely column by USCIB President and CEO Peter Robinson titled, “The Myth of Private-Sector ‘Conflict of Interest’ at the UN. The issue also features news stories on how tariffs harm companies and consumers, tax reform impacts, and reinforcing US-China tie, plus news from our global network–Business at OECD, the International Organization of Employers and the International Chamber of Commerce.

“International Business,” USCIB’s quarterly journal, provides essential insight into major trade and investment topics, a high-level overview of USCIB policy advocacy and services, USCIB member news and updates from our global business network.

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Mulligan Reports From Paris on Trade Talks at B20, BIAC, ICC

USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan was in Paris at the end of May participating in various Business at OECD (BIAC), B20, ICC and OECD meetings related to trade and investment. The meetings provided important policy-related updates for USCIB members and U.S. business, as well as recent developments and staff changes in USCIB’s global network.

At BIAC’s General Assembly on May 28, USCIB Trade and Investment Committee Chair Rick Johnston (Citi) was approved for a new term on the BIAC Board. The Assembly also approved the appointment of a new Secretary General, Russell Mills, who will take office on September 1.  The current and outgoing Secretary General, Bernhard Welschke, was recognized for his service with BIAC and will retire as of July 31.  Finally, BIAC had several representatives participating at the OECD Ministerial meeting and delivered a statement that noted the benefits of multilateralism in terms of economic growth and offered recommendations for improving and making multilateralism more effective.

Mulligan also met with Ken Ash, director of the OECD Trade and Agriculture Directorate.  Ash noted that the OECD will be working on a series of analysis over the coming months on tariffs, market opening, trade facilitation, non-tariff barriers, and services reform and will be looking to get input from USCIB and BIAC as the OECD moves forward on this work. On May 30 the G20-OECD-WTO hosted an event on “Trade Facilitation and Future Trade Cooperation” which highlighted the gains from the WTO Trade Facilitation Agreement (TFA) and discussed the TFA as a model for other types of trade agreements that are flexible and accommodate country capacity restraints.

At the conclusion of the OECD Ministerial that week, the United States refused to join a consensus statement with other OECD countries due to differences related to including language supportive of globalization and the multilateral trading system.  Mulligan commented on concerns with the U.S. government’s most recent trade actions.  “Governments at the OECD were very concerned with the U.S. decision to impose tariffs under the steel and aluminum 232 action,” said Mulligan.  “In a misguided effort to re-balance perceived inequities, often based solely on the metric bilateral trade deficits without a view to the larger picture, the administration is effectively alienating the United States from the global order that it once championed and led.”

At the B20 Trade and Investment taskforce meeting, Mulligan raised several issues, including a request for consistency in the taskforce’s policy paper, noting that the trade paper language related to digital trade, especially on IP, be consistent with language developed by the Digital taskforce.  Mulligan also sought clarification on some of the language that implied that cybersecurity laws are a barrier to trade which the secretariat agreed to address.

Finally, the ICC Trade and Investment Commission received an update on developments at the WTO.  It was noted that there have been several meetings on the e-commerce initiative and 11 papers have been submitted by various countries.  In early June, the WTO Director General Roberto Azevedo held a meeting with private sector representatives, including from ICC, in Geneva to get input on the WTO agenda.  The commission members had a robust discussion on ICC developing an issue a statement opposing unilateral protectionist measures and how to make it most impactful.  Members supported moving forward and ICC staff will draft a statement for review by members and possibly approval by the ICC Board in late June.