Robinson’s Op-ed in The Hill on Modernizing NAFTA

USCIB President and CEO Peter M. Robinson wrote an Op-ed in The Hill, “How to Modernize NAFTA: First, do no Harm.”

Robinson cites a recent study by the Peterson Institute for International Economics, since the agreement’s implementation, U.S. trade with Canada and Mexico has more than tripled, with a positive impact on U.S. GDP of 0.5 percent, or several billion dollars of added growth per year.

However, he also writes that NAFTA needs to be updated in a way that solidifies the gains Americans have reaped from these transformations, while further enhancing our competitiveness.

The Op-ed is available here.

USCIB Urges Administration to Push Anti-Bribery Agenda in G20

USCIB joined with the Coalition for Integrity, the International Corporate Accountability Roundtable and the AFL-CIO in a June 13 letter to President Donald Trump urging the administration to push aggressively for other leading global trading nations to match U.S. efforts against international bribery and corruption.  Specifically, the group urged the administration to press all of the 41 signatory countries to the OECD’s Anti-bribery Convention to take concrete steps to strengthen their implementation and enforcement of their foreign bribery laws.

In the context of the G20, USCIB joined in urging the administration to press for all G20 countries to become signatories and full partners in that OECD convention by the end of 2018.  Currently four G20 members (China, India, Indonesia and Saudi Arabia) have not signed the OECD Anti-bribery Convention.

The G20 Summit meeting will be held July 7-9 in Hamburg, Germany.

 

 

USCIB Hosted Experts Discuss UN Treaty on Business and Human Rights

USCIB hosted a webinar on the UN Treaty on Business and Human Rights on June 13, featuring Robert McCorquodale, director of the British Institute of International and Comparative Law and Douglass Cassel, professor of law at Notre Dame Law School. The webinar discussed the treaty background, its current status, and possible next steps in advance of the third session of the Intergovernmental Working Group (IWG) in October 2017.

The treaty process began on June 26, 2014, when the Human Rights Council adopted resolution 26/9 by which it decided “to establish an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, whose mandate shall be to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.” The first two sessions of the open-ended IWG were to “be dedicated to conducting constructive deliberations on the content, scope, nature and form of the future international instrument.” The first session of the IWG was held in July 2015, and the second session in October 2016. The summary documents from the second session can be found here.

Prior to October’s third session, the Ecuadorian chair of the IWG has been tasked with drafting proposed elements for a treaty, and these points will be presented to the states in advance of the October meeting.  The webinar discussed three possible outcomes for the treaty: a relatively modest treaty with reporting and due diligence requirements to establish a level playing field, with an international monitoring system for the states’ obligations; a “maximalist treaty” with international courts, international legal requirements for business, due diligence reporting, and other requirements, as argued for by some human rights groups; or no treaty at all resulting from this process.

If USCIB members would like to access a recording of the webinar, please contact Elizabeth Kim (ekim@uscib.org).

SDG Business Forum Will Report on Private Sector Achievements

Following the success of last year’s inaugural forum, the second annual SDG Business Forum will take place at the United Nations on July 18, 2017 during the ministerial segment of the High-Level Political Forum (HLPF) on Sustainable Development. Co-hosted by the International Chamber of Commerce (ICC), the UN Department of Economic and Social Affairs (UN-DESA), and the UN Global Compact, and organized in collaboration with the Global Business Alliance (GBA) for 2030 – including USCIB, the SDG Business Forum will convene leaders from business and government, together with the heads of UN agencies, key international organizations, and civil society groups to delve into the role business will play in delivering the 2030 Agenda.

Featuring a showcase review of business engagement on the 7 goals in focus at this year’s HLPF, as well as individual sessions examining investment, partnerships, and monitoring, this event will foster robust dialogue between governments and the private sector on critical issues and the way forward. The Forum will report on significant achievements and commitments undertaken by business and gauge private sector efforts to catalyze sustainable growth and development during this critical implementation phase. Ranging from SMEs to multinational corporations, the global business community is committed to contribute to the success of the 2030 Agenda and the realization of a long-lasting, prosperous future for all.

For more information and registration please visit: http://www.sdgbusinessforum.com/

Early Bird Registration: ICC New York Conference on International Arbitration

The ICC International Court of Arbitration will be holding its 12th ICC New York Conference on International Arbitration on September 27 at NYU’s School of Law. This annual event offers a forward-looking, dynamic program for law practitioners and business professionals alike. The full agenda is available here.

USCIB members receive a discount on registration with code: USA-9728

Session highlights:

  • NAFTA on the table
  • A duty to protect and secure: safeguarding confidential information in a digital world
  • Analysis or Advocacy: the use of experts in international arbitration
  • Turning an award into $$$$: strategies for enforcement

If you want to stay up-to-date with all recent arbitration developments in North America, this will be the ideal opportunity to interact directly with leading arbitration practitioners and experts.

The ICC Institute of World Business Law will also be organizing an advanced training on Drafting Enforceable Awards the day before, on September 26. Click here to view the program and speakers.

Package deals are available for the Conference + Training.
Make sure you register while the early bird is still applicable! The deadline for the early bird rate is July 28.

Potter Gives Statement on Climate Change at ILO Conference

USCIB Senior Counsel Ed Potter is currently attending the International Labor Organization (ILO) International Labor Conference (ILC) in Geneva, Switzerland (June 5-16) as a U.S. employer delegate. The ILC is discussing pressing global issues such as women at work, application of labor standards, peace and stability, migration and climate change.

Potter delivered the following statement on June 12 during the 2017 Plenary Statement on the Director General’s report on behalf of business regarding climate change and the Paris Agreement:

 

2017 Plenary Statement on the Director General’s Report

Adopted in 2015, the Paris Agreement on climate change is now the globally recognized framework for international climate action and represents a reset of the global approach to climate change.  Anything adopted by the ILO on climate change prior to 2015 should be reevaluated in light of the Paris Agreement.   The Paris Agreement is historic because it envisions self-determined actions and pledges by all countries, according to their priorities and resources.  Importantly, it eliminated the binary Kyoto annexes which divided 193 countries into 2 arbitrary categories.

We are concerned by language in the Director General’s Report that seems to over-simplify the challenge ahead, portraying a straightforward “green” vs. “dirty” choice of technologies, industries, products and jobs.  We do not live in a binary “green” job “brown” job world, and similarly we do not have “green” versus “brown” energy or technology.  The reality is more complex, and there are many other stakeholders involved – notably consumers.  The fact is that all industry sectors will need to transition to cleaner and more efficient operations and energy sources.  The scale of transformation required to meet Paris commitments cannot be met without business finding ways to respond to growing populations seeking reliable affordable energy sources to run businesses, schools, hospitals, etc.  Whether the discussion is on ICT and smart grids, or new ways to sequester carbon that could extend the use of fossil fuels while reducing their greenhouse gas emissions, or zero emissions transport, a fuller and more multi-dimensional picture of enterprises is needed.  It is not about the coal miner versus the solar panel installer – it is much more complex.

Transitions will be felt in the business community in the form of opportunities for new industries or products across a wider array of sectors than those normally referred to as “green” through supply and value chains and arising from regulations, costs or innovations that result in more disruptive change or harm to competitiveness.  Without growth and productive employment, there is less room for the successful protection of the environment and the promotion of decent work.  As enterprises are the primary source of job creation, a business-friendly environment remains an essential priority.   Sustainable jobs and sustainable businesses go hand in hand.

The Paris Agreement calls not just on governments but other societal partners, including the business community to act.  The business community has shown strong and continuous commitment to support the Paris Agreement and its implementation.  Delivering the Paris commitments depends on the full engagement of business and employers.  In fact, after my country’s recent withdrawal from the Paris Agreement, nearly 1000 large companies and investors joined a “We Are Still In” movement, representing 120 million Americans and 40 percent of the US economy at the state and municipal level.  Local attitudes are important and matter.

As highlighted in the Director General’s Report, over the past two years. the UNFCCC has launched its work on “Just Transition”.  Yet until last month, the UNFCCC did not adequately or directly involve business and employers on these topics – while the ILO has been consulted throughout, as has the ITUC.  It is only in the last 2 months that business or employer views have been communicated to the UNFCCC via a joint submission by the IOE and ICC, and by IOE and ICC participation in the May 9 Bonn meeting on the UN Framework Convention on Climate Change.   The Roundtable highlighted the need for enhanced involvement of employers and the need for direct consultation with them in the future on just transition and other employment related matters.  Tripartism is a cornerstone of this Organization and should apply both inside and outside the ILO.

Much of the Director General’s report focuses on the labor market churn that will occur as a result of the transition from “dirty” to “green” jobs.  The strong impression the reader gets from his Report is that climate change requires a dedicated, special program by the ILO.  Our view is that structural change and job impact of climate change is not at all dissimilar from other ongoing structural change resulting from technological change.  Ask any expert about the future of work and you will hear about a world dominated by artificial intelligence, 3D printing, an on-demand economy, and five generations in a virtual workplace where almost any worker can perform almost any work from anywhere they choose. The ILO approach to climate change needs to be knitted together and treated holistically with other ILO structural change initiatives and the future of work.

Thank you, Mr. President.

 

Update NAFTA, but Keep What’s Working, Says USCIB

Washington, D.C., June 13, 2017 – The United States Council for International Business (USCIB), which represents the global interests of American companies, has released its recommendations to the Trump administration on priorities for the modernization of the North American Free Trade Agreement. The group calls on the administration to update the 20 year-old pact to accommodate new realities in global commerce, including the rise of the digital economy, while keeping what works from the original agreement.

“Our member companies, who collectively encompass America’s most successful enterprises on the global stage, strongly support modernization of NAFTA,” said USCIB President and CEO Peter M. Robinson. “But they are united in believing that this must take place as part of a broader strategy to open international markets for U.S. companies, and remove barriers and unfair trade practices in support of U.S. jobs.”

USCIB calls upon the administration to update and strengthen key NAFTA provisions, including the liberalization and protection of investment flows, protection of intellectual property, trade facilitation and improved agricultural market access. It also recommends tackling new areas not included or anticipated in the original agreement a quarter-century ago, such as the digital provision of goods and services, data localization requirements, treatment of state-owned enterprises. It further urges U.S. negotiators to work closely with a range of private-sector stakeholders to ensure that a revamped agreement meets business needs in the 21st century.

The USCIB statement notes that, since NAFTA’s implementation, U.S. trade with Canada and Mexico has more than tripled, with a positive impact on U.S. GDP of 0.5%, or several billion dollars of added growth per year. It cites a recent study by the Peterson Institute for International Economics which found that NAFTA did not foster noticeable growth in the overall U.S. trade deficit, and that increased trade with Mexico did not perceptibly raise U.S. unemployment.

USCIB says that several other areas currently covered by the agreement also require modernization, including rules on intellectual property protection, regulatory cooperation, services market access, and customs and trade facilitation. The group says that language agreed during the Trans-Pacific Partnership negotiations provides a useful foundation on these topics upon which to build for NAFTA modernization, as Commerce Secretary Wilbur Ross and U.S. Trade Representative Robert Lighthizer have remarked. In other areas where NAFTA disciplines have stood the test of time, USCIB is urging the administration to focus on ensuring that those provisions not be weakened.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. As the U.S. affiliate of several leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
Tel: +1 917 420 0039
jhuneke@uscib.org

OECD Week Addresses Global Challenges with Business Input

 

Peter M. Robinson at OECD Week in Paris

USCIB President and CEO Peter Robinson was in Paris last week for OECD Week, which tackled issues such as international tax rules, globalization challenges and anti-trade rhetoric. Addressing Ministers of Finance and Foreign Affairs at the OECD Ministerial Council Meeting on June 7, Business at OECD (BIAC) Chair Phil O’Reilly called on governments to address the challenges of strengthening growth and boosting economic participation, emphasizing that ultimately societies can only support economic openness, when it is accompanied by appropriate domestic policies to prepare people for change, with better skills and more opportunities for economic participation.” O’Reilly drew upon principles highlighted in the recently released Business at OECD 2017 Statement to Ministers, which contains the core business recommendations to strengthen open economies and inclusive societies. This paper is a call to action for OECD governments to implement a comprehensive competitiveness agenda, and also better engage with the public, especially regarding the opportunities that come with trade and investment.

In a similar statement, Business at OECD Secretary General Bernhard Welschke encouraged governments to better address an increasing anti-trade rhetoric in OECD countries, highlighting that “both business and trade unions have a responsibility to communicate in a fair, balanced, and responsible manner.” Also speaking at the session on International Trade and Investment for the Benefit for All, Business at OECD (BIAC) Vice Chair and USCIB Board member Charles R. Johnston (Citi) encouraged governments to counteract on protectionist action in the form of growing non-tariff barriers, and pointed to areas where new OECD work would help better inform this debate. Business also emphasized that governments should fully use the OECD Investment Restrictiveness Index and implement the Policy Framework for Investment.

On international tax policy, Business at OECD (BIAC) was present at the official signing ceremony for the Multilateral Convention to Implement Tax Treaty Related Measures (MLI) to Prevent Base Erosion and Profit Shifting (BEPS), which took place at the OECD Ministerial Council Meeting. The MLI opens the door to changes in the tax treaty process, and to a number of key international tax rules, that are significant. Concurrently, USCIB and the OECD were holding their 12th annual international tax conference in Washington DC, which brought together over 300 tax policy experts.

Robinson Signs B20 Recommendation on Investment in Africa

The B20 recommendations Boosting Investment in Africa- Towards Inclusive Compacts in Africa have been signed in Berlin by the majority of the B20 taskforce and cross-thematic group Chairs and Co-Chairs, including USCIB President and CEO Peter M Robinson, who serves as Co-Chair of the B20 Employment and Education Taskforce. Robinson also recently attended the B20 Summit in Berlin in May. The Partnership with Africa is one of the key priorities in the German G20 presidency, as well as in the B20.

The B20 Secretariat offered these recommendations to the press and B20 Chairman Jürgen Heraeus introduced the recommendations at the G20 Africa Partnership – Investing in a Common Future Conference. BDI, the pre-eminent German business group, hosted the event as a partner within the framework of the Sub- Saharan Africa Initiative of German Business (SAFRI) on June 12 in Berlin.

The “African Economic Outlook” is an annual report produced by the African Development Bank (AfDB), the OECD Development Centre and the United Nations Development Programme (UNDP). Speakers at the African Economic Outlook will include President of the Republic of Rwanda S. E. Paul Kagame, State Secretary in the Federal Ministry for Economic Cooperation and Development Thomas Silberhorn and Secretary-General of the OECD Ángel Gurría.

Rigg Herzog Attends 2017 International Labor Conference

Secretary General Guy Ryder at 2017 ILC

USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog is among approximately 7,000 delegates currently attending the 106th session of the International Labor Conference (ILC) in Geneva (taking place June 5-16). The ILC will touch upon pressing global issues such as women at work, application of labor standards, peace and stability, migration and climate change. Rigg Herzog is attending the ILC as a member of the U.S. Employers Delegation, headed by Ed Potter, USCIB senior counsel and U.S. employer spokesperson to the International Labor Organization (ILO) Governing Body.

Rigg Herzog will be participating in the Committee for Labor Migration, while Potter will participate in the Committee for Fundamental Principles and Rights at Work, which is a follow-up to the ILO’s Social Justice Declaration. Adopted in 2008 by the representatives of governments, employers and workers from all ILO member States, the Social Justice Declaration expresses the contemporary vision of the ILO’s mandate in the era of globalization.

This year’s conference also includes a Committee on Employment and Decent Work for the Transition to Peace, as well as the Committee on the Application of Standards.