Washington Conference Looks at OECD’s Role in Fostering Digital Transformation

OECD Deputy Secretary General Doug Franz
OECD Deputy Secretary General Doug Franz

Cross-border trade in digital goods and services has grown 45-fold over the past decade. How can policy makers and the business community work together to ensure that new technologies and digital applications can lead to a more prosperous, productive, inclusive and socially beneficial world? And what lessons can be learned from current discussions and related work within the 35-nation Organization for Economic Cooperation and Development (OECD)?

This was the focus of a conference today in Washington, D.C., “Facilitating Digital Transformation: The OECD’s Role,” organized by the USCIB Foundation, the educational arm of the United States Council for International Business (USCIB), in partnership with the OECD and Business at OECD (BIAC).

In opening keynote remarks, David Redl, chief counsel for communications and technology at the Energy and Commerce Committee, U.S. House of Representatives, compared extending broadband access to the construction of the interstate highway system. “Despite everyone’s best efforts, there are still parts of the United States that lack the infrastructure to meet universal availability and adoption,” he stated. Redl said government spending alone won’t get the job done. “We must also foster investment in U.S. networks, streamline regulation, and improve online trust and security to bring the benefits of the Internet to every American.”

OECD Deputy Secretary General Douglas Frantz identified several factors as key to ongoing digital transformation: improved communications infrastructure and services, new and innovative business models, improved consumer trust and privacy protection, effective policy making, and a robust approach to the challenges and opportunities posed by improvements in artificial intelligence (AI). On the latter point, he proposed that the OECD work toward some sort of policy instrument to address AI.

Andrew Wycoff, director of the OECD’s Directorate for Science, Technology and Innovation, outlined the OECD’s work to assess the G20 economies’ uneven progress to date toward enabling the digital transformation. He said the OECD’s upcoming policy recommendations would focus on the importance of boosting investment in digital infrastructure, ensuring competition in the ICT sector and the broader economy, and establishing sufficient trust in the digital economy while also making it truly inclusive.

Jacqueline Ruff, Verizon, gives remarks during panel
Jacqueline Ruff, Verizon, gives remarks during panel

During an industry roundtable on emerging technologies, Jacqueline Ruff, vice president for international public policy and regulatory affairs with Verizon, said public policy will be important to remove barriers to the deployment of fifth-generation wireless technology, while creating a pro-investment environment. “They key to 5G will be smart communities,” she stated.

Other conference panels examined questions of equity and potential negative effects of digital technologies, as well as ways to enhance trust in an increasingly connected world. Organizers said the event would help steer discussion toward practical measures to maximize the benefits of new technologies. Panelists also focused on jobs, as well as education and skills-development challenges and opportunities, posed by digital transformation and the efforts by companies, such as IBM, to create “new collar jobs” enabling a segment of workers in more mature industries to become productive participants in the digital economy.

“Getting policy right for digital innovation is a critical factor for economic competitiveness, for trust and confidence in the digital environment, and ultimately for societal well-being”, said Bernhard Welschke, Secretary General of Business at OECD. “We need to communicate the benefits of digital transformation and Business at OECD will continue to work closely with the OECD on this challenge.”

USCIB President and CEO Peter Robinson stated: “We hope that today’s discussions will enable those who may not participate directly in OECD meetings to learn more about the OECD’s work and its value to the process and substance of crafting sensible, effective policy and regulation. Whether it is in providing frameworks, or in the development of consensus-based guiding principles, the OECD has a lot to offer and think about.”

USCIB, OECD and BIAC Leadership Discuss Trade, Digital Revolution

Rob Mulligan, Senior Vice President, Policy and Government Affairs addresses OECD and USCIB members, alongside USCIB President and CEO Peter Robinson (center) and Rick Johnston, Citi (left)
Rob Mulligan, Senior Vice President, Policy and Government Affairs addresses OECD and USCIB members, alongside USCIB President and CEO Peter Robinson (center) and Rick Johnston, Citi (left)

USCIB hosted leadership from the Organization for Economic Cooperation and Development (OECD) and Business at OECD (BIAC) on March 9 in Washington DC, following a successful joint OECD-BIAC-USCIB Fostering Digital Transformation Conference the day prior. Nearly forty of USCIB’s leadership and members attended the meeting, including USCIB Vice Chair Rick Johnston (Citi) and Vice-Chair of USCIB’s China Committee Tad Ferris.

OECD and Business at OECD officials included OECD’s Deputy Secretary General Doug Frantz, Secretary General of Business at OECD (BIAC) Bernhard Welschke, Senior Policy Director at BIAC Nicole Primmer and Acting Head of the OECD Washington Center Susan Fridy.

This was a timely opportunity for USCIB, OECD and BIAC to have a roundtable discussion on a wide range of issues that are being addressed in the OECD such as tax, cross-border data flows, health, investment, digital trade, the Sustainable Development Goals and the G20. These issues were framed in a larger discussion of the role of business in the current political and economic climate in the U.S., about which Frantz said, “we need help from business to convey that free trade, open borders and anti-corruption guidelines require multilateral engagement. The U.S. and the U.S. business community benefit enormously from the work done at the OECD.”

Doug Franz, Deputy Secretary General OECD addresses USCIB members
Doug Frantz, Deputy Secretary General OECD addresses USCIB members

Frantz also emphasized the role of digital innovation in providing future growth, prosperity and equal distribution of wealth to curtail the negative effects of the digital revolution, noting “taking digital innovation and its breakthroughs and making sure that the breakthroughs are more evenly distributed through training, skills-building and education that is based on deductive reasoning, will cushion the fall for people who are at risk of losing their jobs to the digital revolution.”

ICC and USCIB Hold Educational Events on Arbitration

Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP
Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP

The International Court of Arbitration of the International Chamber of Commerce (ICC) and USCIB’s Arbitration Committee organized two educational events in New York last month—the fifth annual Proskauer Lecture on International Arbitration on February 21 and the Eleventh Vis Moot Practice Session on February 24.

The Proskauer Lecture is organized jointly by ICC, USCIB, Proskauer, and Columbia University School of Law’s Center for International Commercial and Investment Arbitration Law. As in previous years, the lecture featured a globally-renowned expert delivering a lecture to the international dispute resolution community in New York. This year’s expert lecturer was Emmanuel Gaillard, visiting professor at Yale Law School and head of International Arbitration at Shearman & Sterling LLP who spoke on the topic: International comity, ‎lis pendens, res judicata: Do the principles of judicial practice apply to international arbitration? “Emmanuel Gaillard gave a tour de force lecture on comity that has gotten people talking about the issue and even thinking about it in a different manner,” noted Peter Sherwin, Partner at Proskauer. “Through presentations like his, the Proskauer Lecture has become a must-attend event for the international arbitration community in New York and beyond.” A summary of Gaillard’s lecture will appear in the next issue of the Global Arbitration Review (GAR).

A few days later, Dentons LLP hosted eight universities in the eleventh annual ICC/USCIB Vis Moot Practice Session. Participating law schools included the University of Bucharest, Brooklyn Law School, Cardozo, Fordham University, New York University, Pace Law School, Rutgers Law School and St. John’s University School of Law. The practice session serves as an invaluable opportunity for teams to hone their arguments in front of mock arbitrators prior to The Annual Willem C. Vis International Commercial Arbitration Moot in Vienna (April 7-13) or Hong Kong (March 26 – April 2), during which times teams from around the globe will compete in a mock arbitration. John Hay, partner at Dentons LLP stated that “Events like this provide for all the participants a worthwhile learning experience where they see, firsthand, which presentation styles and techniques work, and which do not.”

Consistently growing since its inception eleven years ago, the Vis Moot Practice Session gathered nearly thirty arbitration practitioners who volunteered their time and expertise to serve as mock arbitrators and provide feedback to teams before the real competition commences in Vienna or Hong Kong. Speaking on the networking opportunities presented to law students and future arbitration practitioners, Soeun (Nikole) Lee, deputy director, head of ICC Young Arbitrators Forum North America Chapter, stated that “the VIS moot is the best introduction to international arbitration as a student.  It is intellectually challenging, fun, and a phenomenal opportunity to meet future colleagues and mentors.   ICC VIS moot practice session serves as a great “moot for the Moot”.  We were very impressed at the students’ level of preparation and quality of arguments.”

Global Partnerships Week Launches With Focus on SDG-17

(L-R) Kathy Calvin, President & CEO, UN Foundation, Trevor Davies, Global Head, International Development Assistance Services Institute, KPMG and Claus Stig Pedersen, Head of Corporate Sustainability, Novozymes
(L-R) Kathy Calvin, President & CEO, UN Foundation, Trevor Davies, Global Head, International Development Assistance Services Institute, KPMG and Claus Stig Pedersen, Head of Corporate Sustainability, Novozymes

Global Partnerships Week (GPW) kicked off yesterday, March 6, to celebrate the role of public-private partnerships in promoting global development and advancing the Sustainable Development Goals (SDGs). The two-week, annual event is organized by Concordia, the U.S. Agency for International Development, the Secretary’s Office of Global Partnerships, and PeaceTech Lab and engages experts from the public and private sectors, as well as foundations and multilateral institutions.

The U.S. Institute of Peace hosted GPW’s day-long Global Practitioners Forum yesterday, which focused on engaging practitioners in achieving what many consider to be the most imperative and interconnected SDG, Goal 17. Devex President and Editor-in-Chief Raj Kumar moderated the opening panel titled “Goal 17 in 2017: Partnerships for the Global Goals,” which featured USCIB members KPMG and Novozymes, as well as UNESCO, UN Foundation and New America. The panel aimed to explore the role of partnerships in addressing challenges presented by inequality, poverty and governance to ensure the achievement of a comprehensive 2030 development agenda.

Claus Stig Pedersen, head of corporate sustainability at Novozymes, presented participants with anecdotes and insights around partnership challenges, as companies look to align both longer-term strategies and growth opportunities with the SDGs. “It’s not just about partnerships for the sake of doing partnerships, it’s an investment in the future, but it takes time,” stated Pedersen. Pedersen cited several examples including Novozymes’ leadership in the Sustainable Energy for All initiative (SE4ALL), first launched by the United Nations and World Bank at the Rio+20 Summit in 2012, where it subsequently helped establish a coalition of partners aimed at developing and deploying sustainable bio-energy solutions. “Although the partnership was first launched in 2013, we [Novozymes] have continued to stay engaged, establishing concrete projects and cases that are driving the initiative forward.” While many stakeholders increasingly subscribe to the idea of partnership, Pedersen noted some of the success factors behind this effort. “We all really need to do our due diligence and build up good relationships together, as well as learn to draw on each other’s strengths as we look to partner to achieve greater positive impact.”

Additional information on Novozymes public-private partnerships can be found on USCIB’s Business for 2030 website, which serves as an important tool to showcase business’s past and continuing contributions to sustainable development through the prism of the SDGs.

WTO Becomes a Target in Trump’s Trade Agenda

WTO OMCPresident Trump’s Administration has recently released a congressionally mandated annual report on the U.S. trade agenda, which re-examines the U.S.’s relationship with multilateral organizations and, in particular, targets the World Trade Organization (WTO). The report asserts that the U.S. has a right not to abide by WTO decisions that are not favorable to the U.S. trade agenda.

USCIB supports numerous elements of the report, specifically those regarding an open and fair global trading system, eliminating trade barriers, enabling U.S. companies to compete on a level playing field around the world and effectively enforcing trade rules. But it urged caution regarding the WTO.

USCIB President and CEO Peter M. Robinson stated: “We encourage the new administration to engage with the WTO in addressing areas for improvement in the operation of the WTO. But it’s important to recognize that the American economy, our companies, and our workers benefit from U.S. participation in the WTO, including through such agreements as the WTO Information Technology Agreement, and will reap important benefits from the WTO Trade Facilitation Agreement that just entered into force last week.”

Senior administration officials concurred. “The WTO is in some ways very necessary,” Commerce Secretary Wilbur Ross said on CNBC. “You probably do need an arbiter of some sort if you’re going to have international trade.”

As reported by CNBC, Ross, who said he will be largely focusing on trade issues, added the administration will also be cracking down on enforcement of existing trade laws and making sure that countervailing and anti-dumping duties established in trade remedy cases are being collected. Part of the trade agenda will be facilitating U.S. exports to international markets, but the flip side is “preventing illegally subsidized goods from coming in — and really enforcing it,” Ross said.

The full interview with Ross is available on CNBC is here.

OECD’s Global Anti-Corruption and Integrity Forum

Compass direction pointing towards IntegrityThe Organization for Economic Cooperation and Development (OECD) is organizing a Global Anti-Corruption and Integrity Forum on March 30-31 in Paris, which will focus on integrity and anti-corruption. The Forum aims to bring together a diverse array of stakeholders from policy communities, the private sector, civil society and academia to discuss topics such as reducing the inequality gap, stimulating fair competition and economic growth as well as shaping a level playing field for business.

The Forum will also feature presentations from academia connecting academic insights and evidence with policy-making and will highlight innovative research on integrity, anti-corruption and trade, gender and corruption and inclusive growth. The agenda for the meeting is available here. Registration is now open.

USCIB Welcomes Entry Into Force of WTO Trade Facilitation Agreement

Harbor_tradeLandmark pact will reduce customs barriers and costs for U.S. exporters

New York, N.Y., February 22, 2017 – The United States Council for International Business (USCIB) applauded the entry into force today of the landmark World Trade Organization (WTO) Trade Facilitation Agreement (TFA), which will reduce the costs of trading across borders and lead to increased U.S. and foreign exports and jobs. The TFA, approved at the WTO’s 2014 ministerial in Bali, Indonesia, provides enforceable government commitments, which will reduce red tape at the borders, speed movement of goods internationally, reduce costs, increase exports and create jobs.

The WTO has 164 member countries, and its rules require two-thirds of its members to ratify and pass laws making necessary changes in their customs procedures in order for the TFA to go into effect. Today, Chad, Jordan, Oman and Rwanda  submitted their ratification notices to the WTO, achieving the two-thirds threshold.

USCIB Chairman Terry McGraw, chairman emeritus of S&P Global, stated: “It is so important to the American and global economy that these 100-plus countries have committed to streamlining their customs procedures to speed the movement of products and reduce their costs.  We commend WTO Director General Roberto Azevedo for his tireless efforts to make his happen.”

McGraw, who also serves as honorary chairman of the International Chamber of Commerce (ICC), the world business organization, and chaired the President’s Advisory Committee on Trade Negotiations, has been a staunch advocate for the TFA and for multilateral trade liberalization in general.

“The TFA will provide a shot in the arm to U.S. exports and to the multilateral trading system,” said USCIB President and CEO Peter M. Robinson. “Studies estimate that, when implemented, the TFA will cut the average cost of exporting by some 14 percent, delivering a net gain of $1 trillion in global annual GDP and spurring the creation of more than 20 million new jobs for the global economy. What’s more, the TFA demonstrates the continued importance of the WTO and of multilateral efforts to liberalize cross-border trade and investment.”

In addition to promoting the benefits of the TFA, USCIB has worked to secure overseas ratification of the agreement through bilateral meetings with numerous governments. It has also done so via its role as U.S. affiliate of ICC, which mounted a global campaign to secure ratification of the TFA.

ICC Chairman Sunil Bharti Mittal said: “The entry into force of the TFA is a watershed moment for global trade. The reality today is that many small businesses find themselves unable to trade internationally due to complex customs requirements. By cutting unnecessary red tape at borders, the TFA will have a transformational effect on the ability of entrepreneurs in developing countries to access global markets.”

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. With a unique global network encompassing leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org

Upcoming ICC Arbitration Events

The International Chamber of Commerce Court of Arbitration will be hosting two upcoming events in San Francisco and Washington DC.

ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management

Location: San Francisco, CA

Description: This training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. Attendees are supposed to already master the basics of ICC international commercial arbitration. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

To register, please visit the registration website. Early Bird rate is available through March 31.

ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator

Registration is now open for the upcoming ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator.

Date: March 13-15, 2017

Location: Washington, DC

This advanced level training will provide participants with an opportunity to gain a deeper insight into some of the provisions of the 2012 ICC Rules of Arbitration while learning about the latest developments and best practices related to serving as an international arbitrator.

Topics to include:
• The role and appointment of arbitrators
• Establishing the arbitrator’s authority to create a suitable working framework
• Conduct of the proceedings and case management techniques
• Mock arbitral tribunal to explore issues pertaining to relations between arbitrators
• Drafting enforceable awards and scrutiny by the ICC International Court of Arbitration

Who should attend:
• Practitioners who have significant experience in international commercial arbitration as counsel, but little or no experience as arbitrators.
• Arbitrators who wish to reinforce their knowledge.

Registration and event details are available on this website.

NAFTA Renegotiation an Opportunity to Modernize 20 Year-Old Agreement

North American Union, NAU concept on a gears, 3D renderingPresident Trump’s promise to rewrite the North American Free Trade Agreement is already rattling some companies and rippling across the Mexican economy. Growth in the country’s GDP is projected to slow to a crawl in 2017, according to the Wall Street Journal. Exports account for a third of the country’s economic activity, and some 80 percent of these go to the U.S.

Depending on how it is handled, renegotiating NAFTA could provide an opportunity to update the agreement, according to USCIB Senior Vice President Rob Mulligan. “There are aspects of NAFTA that could be improved, and provisions that could be added to address important economic changes over the last 20 years,” he observed. “But it would be critical to keep those provisions that have enabled U.S. companies to grow during that time as well.”

Mulligan said USCIB was canvassing several of its committees to see where NAFTA could be improved upon – and what “red lines” exist for companies in terms of rolling back or overturning certain key provisions in the landmark agreement.

NAFTA was the first U.S. trade agreement to include binding rules on labor and environmental protections – although these were included in a side agreement, and they have been incorporated into all U.S. trade agreements negotiated since. In addition, NAFTA included strong investor-state dispute settlement (ISDS) provisions – a key factor in gaining American business support for the agreement in light of a legacy of expropriations in Mexico and elsewhere.

A $127 annual boost to the U.S. economy

Eva Hampl, USCIB’s director of trade, investment and financial services, reports that a well-attended program last week hosted by the Washington International Trade Association included presentations on priorities for NAFTA renegotiation from USCIB member companies and others in the business community. Ralph Carter (FedEx), emphasized that Mexico and Canada are the United States’ second- and third-largest trading partners, and he cited a Peterson Institute study indicating that NAFTA brings the US $127 billion per year in additional income.

Carter said that FedEx wants to help modernize cross-border trade. Consider, he said, that it takes an average of 17 hours and three different drivers for a single truck to cross the U.S.-Mexico border. Or that the “de minimis” threshold for expedited, duty-free entry of goods stands at $800 for the United States, but  only $50 for Mexico and $15 for Canada — creating barriers for “just-in-time” delivery of many components. A more seamless border, Carter emphasized, does not mean a less secure border – both can be achieved through smart reform efforts.

Looking northward, President Trump and Canadian Prime Minister Justin Trudeau today agreed on the broad importance of U.S.-Canada commercial relations. “We recognize our profound shared economic interests, and will work tirelessly to provide growth and jobs for both countries,” the leaders said in a joint statement. “Canada is the most important foreign market for 35 U.S. states, and more than $2 billion in two-way trade flows across our shared border every day. Millions of American and Canadian middle-class jobs, including in the manufacturing sector, depend on our partnership. We affirm the importance of building on this existing strong foundation for trade and investment and further deepening our relationship, with the common goal of strengthening the middle class.”

USCIB in the News: Trump and Global Leadership

USCIB was recently cited in a Denver Post opinion piece highlighting President Donald Trump’s signal of “retreat from leading the world.” The op-ed, by Professor Ved Nanda of the University of Denver,  referred to a USCIB statement issued last week regarding Trump’s executive order to withdraw the United States from the Trans-Pacific Partnership. In the statement, USCIB observed that the Asia-Pacific region accounts for 40 percent of the global economy and is a key market for future growth of U.S. companies, in part due to estimates that two-thirds of all middle-class consumers will be in Asia by 2030.

The op-ed also highlighted the need for continue U.S. leadership and closer cooperation with its allies. Click here to access the op-ed on the Denver Post’s website.