USCIB’s Mulligan Weighs in on Asia Trade in Wharton Journal

As the Trump administration moves to shift the focus of U.S. trade policy away from larger multilateral pacts and toward bilateral deals, USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan was cited in a Wharton School of the University of Pennsylvania online business journal Knowledge@Wharton in an article titled “Bilateral or Multilateral: Which Trade Partnerships Work Best?

Mulligan was quoted emphasizing the importance of the Asia-Pacific region for USCIB’s membership, saying, “Our hope is that [the U.S.] will pursue some other approach that will continue to open those markets and ensure that U.S. companies are able to compete and have access in those markets. The multilateral approach, we generally felt, had advantages [in] that you could get many countries at one time… [A] lot of U.S. businesses benefit from the global rules-based trade system.”

The full article can be accessed here.

USCIB Urges Trump Administration to Remain Engaged in UN Climate Talks

With senior advisors in the Trump administration set to meet tomorrow to discuss U.S. engagement in the UN and other international climate change discussions, USCIB has urged the administration to keep the U.S. seat at the table.

Earlier this month, in a letter to the White House, USCIB President and CEO Peter M. Robinson wrote: “In spite of challenges and shortcomings in the UN climate policy arena, USCIB reaffirms its support for the United States to continue as a Party to the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement.”

However, USCIB’s letter, which was sent April 17 to National Economic Council Director Gary Cohn, explicitly recommended that the U.S. place a number of conditions on continued engagement, including reassessing existing U.S. emissions reduction and related commitments under the Paris Climate Agreement in the context of broader consultation with the private sector.

The letter further recommended that the U.S. insist on greater access and transparency in the UN climate negotiation process for U.S. economic stakeholders, call on the UN to discourage unilateral trade measures related to climate, and work through the UN and other international forums to foster speedier development and deployment of environmentally sound technologies.

“Addressing climate change and its impacts will require a long-term international cooperative approach with due attention to national circumstances and priorities to assure ongoing economic development,” Robinson wrote. “USCIB members are convinced that U.S. engagement and leadership are required to champion economically sound approaches to energy and climate change risks that advance U.S. economic prosperity and create new job and market opportunities for U.S. businesses at home and abroad.”

USCIB Convenes Multistakeholder Roundtable on Business and Infrastructure for SDGs

L-R: USCIB Vice President, Strategic International Engagement, Energy and Environment Norine Kennedy, USCIB President and CEO Peter Robinson, and Ambassador Lisa Kubiske from the U.S. State Department

As the UN gears up for its annual high-level political forum (HLPF) to review progress on the sustainable development goals (SDGs) in July, the international community is turning its attention to SDG 9—building resilient infrastructure, promoting inclusive and sustainable industrialization and fostering innovation. The extensive role of infrastructure in achieving all 17 SDGs prompted USCIB to organize a ‘Business for SDGs’ roundtable on Infrastructure last Friday, April 21, hosted by Covington LLP in Washington DC.

Norine Kennedy, USCIB’s vice president for strategic international engagement, energy and environment and the lead for USCIB’s work on the sustainable development goals opened the meeting and served as the event’s master of ceremonies.  “USCIB’s SDG Working Group realized that no SDG can be delivered without the right ‘hard’ and ‘soft’ infrastructure, such as education, financial inclusion, food systems and healthcare, in place. The pipeline for bankable projects for both has to accelerate to broadly deploy and leverage business resources and know,” said Kennedy.

The event, held on the margins of the UN Financing for Development Infrastructure Forum, drew participants from government and business, including USCIB member companies AT&T, Bechtel, Citi, KPMG, MasterCard, and Monsanto as well as the UN Department of Economic and Social Affairs, NGO groups such as the Global Infrastructure Basel Foundation, and U.S. government representatives, notably Ambassador Lisa Kubiske from the U.S. Department of State who gave closing remarks.

The roundtable discussed obstacles to and best practices in public private partnerships for infrastructure projects, challenges in removing barriers or dealing with corruption, and the importance of scaling U.S. business investment, and the role of business in developing and utilizing SDG-relevant metrics. “There’s a huge financing gap, especially in terms of development and sustainable infrastructure projects around the world,” said Kubiske before citing U.S. government resources and initiatives that to de-risk and support U.S. companies competing for infrastructure projects, such as Power Africa.

“Investment in infrastructure is key to achieving a successful implementation of the SDGs,” emphasized Peter M. Robinson, USCIB’s CEO and president in discussing key takeaways from the roundtable. “We must actively search for ways to discourage governments from crowding out private investment; the implementation imperative requires scaling up business involvement and commercial opportunities. A first priority is to knock down obstacles to infrastructure investment, which can take the form of formal barriers to foreign investment in specific sectors or burdensome regulation affecting both foreign and domestic firms,” he said. Robinson’s remarks can be found here.

USCIB will host another roundtable on Innovation and SDGs in May in conjunction with the Financing for Development Forum.  Please see USCIB’s Businessfor2030 website for more information on the roundtable and other USCIB actions and engagement on the SDGs.

Many USCIB Members Ranked “Best Corporate Citizens”

Talk in GreenAs USCIB prepares for its bi-annual Corporate Responsibility and Labor and Employment Committee meetings on May 2-3, USCIB would like to congratulate many of its members who were honored by Corporate Responsibility Magazine in its release of the 18th annual list of Best Corporate Citizens last week. USCIB members that made it into the top 10 rank include Intel, Microsoft, Cisco and Lockheed Martin, with many others ranked in the top 100 as well. CR Magazine is America’s leading voice on corporate responsibility, providing case studies, analyzing best practices and tracking trends in the five primary segments of corporate responsibility: energy and environment, risk management, governance and compliance, employee relations, and human rights.

Next week’s USCIB Committee meetings will touch on all five of these segments. The Committee meetings, which will be hosted by Foley and Lardner LLP in Washington DC, will include a presentation from Melike Yetken, a senior advisor for corporate responsibility with the U.S. Department of State, touching on the U.S. National Action Plan and work of the U.S. national contact point for the OECD. Yetken will also participate on a panel at the meeting with Hanni Rosenbaum of Business at OECD (BIAC) to brief USCIB committee members on the draft OECD Due Diligence Guidance for Responsible Business Conduct.  Additional agenda highlights include an update on the ILO program on decent work in global supply chains, the Customs Tariff Act of 1930, the upcoming UN Forum on Business and Human Rights, and an update on conflict minerals. For more information on this two-day Committee meeting, please contact Gabriella Rigg Herzog.

The unique value of the USCIB Corporate Responsibility and Labor Affairs Committee is its leadership position advancing the global interests of U.S. business with global policy makers in the area of responsible business conduct, and the broad and diverse nature of its members who represent multiple business functions and industries and who participate actively through the sharing of insights and experiences.

Donnelly Leads Business Push at OECD for FDI

ShaunDonnelly_BIAC_OECD_InvestmentForumUSCIB’s Vice President for Investment and Financial Services Shaun Donnelly was leading the business voices at multiple events around the Organization for Economic Cooperation and Development’s (OECD) Investment Week in Paris last week. Donnelly was the lead business speaker at the panel on “Is Investment Liberalization Shifting into Reverse?” at the OECD Global Forum on International Investment and the lead business respondent to presentations by academic experts on “Societal Benefits and Costs of Investment Treaties” at the OECD’s Third Annual Conference on Investment Treaties.

In both formal presentations, as well as in formal and informal interactions with government delegations from both ‎OECD member countries and leading developing and emerging governments, Donnelly emphasized the importance of investment agreements, including strong enforcement provisions, to facilitate much needed Foreign Direct Investment (FDI) flows.

Per established OECD practice, Donnelly played a lead role in BIAC’s formal consultation, along with the parallel labor and civil society stakeholder groups, with the OECD’s Investment Committee on Wednesday, March 8.  With investment agreements under attacks from some quarters, it is important for business to speak up these sorts or international fora, whether at OECD or elsewhere, on the importance of FDI for both the host economy and the home country and especially on the important role high standard investment agreements and strong enforcement provisions play in today’s global economy.

Senior investment policy experts from the State Department, U.S. Trade Representative and Treasury Department also participated in the meetings last week.

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.”

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.

USCIB Urges Administration to Maintain Leadership on Trade

Harbor_tradeNew York, N.Y., January 23, 2017Peter M. Robinson, president and CEO of the United States Council for International Business (USCIB), issued the following statement regarding President Trump’s executive order withdrawing the United States from the Trans-Pacific Partnership:

“While we are disappointed that the United States will not take part in this ambitious and market-opening agreement, we hope this move sets the stage for future trade agreements that build upon the best in the TPP.

“As we noted in USCIB’s American Competitiveness Agenda 2017, which was released earlier today, the Asia-Pacific region is a very important market for U.S. business and the jobs they support. By 2030, two-thirds of all middle-class consumers in the world will be in Asia, so the area continues to be key to the future growth of many U.S. companies and their SME suppliers. We will work with Congress and the Administration to determine the best ways to further open markets in the Asia-Pacific region to U.S. goods and services, including by carrying forward key provisions from TPP.

“Maintaining U.S. leadership in the region should be a strategic priority. Trade relationships provide economic security but also important national security benefits. Letting other nations – including some with very different economic systems and priorities – write the rules in this fast-growing region would be a mistake. Moreover, some of our most important trading partners in the Asia-Pacific region have already ratified TPP or are continuing to undertake reforms consistent with the agreement.

“We encourage the Trump Administration to move quickly in pursuing its plan for the region, both to help American companies and workers compete, and to ensure that regional trade rules are not driven by others. We look forward to working with the Administration in support of these objectives.”

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 American affiliate of the International Chamber of Commerce, International Organization of Employers, and Business at OECD, 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
jhuneke@uscib.org, +1 212.703.5043

Priorities for the Trump Administration

USCIB President and CEO Peter M. Robinson
USCIB President and CEO Peter M. Robinson

By Peter M. Robinson
President and CEO, USCIB

As I write this, the administration of President Donald Trump is taking shape. Uncertainty remains as to how his campaign promises will be acted upon, and what his top priorities will be. But one thing is clear: our nation’s continued prosperity and security demand that the United States remain engaged internationally on key issues including trade, climate change, sustainability and support for a rules-based global economy.

American companies are heavily invested in creating the conditions for expanded U.S. influence internationally, and for renewed investment and growth at home. USCIB is well positioned to work with the new administration and Congress – and with the overseas business partners with whom we have established longstanding close ties – to support our member’s interests by focusing attention on the key issues and initiatives that will undergird America’s growth and success, and strengthen the global economy, in the 21st century.

Defining America’s role in the 21st century must be a top priority. USCIB is ready to work in concert with the Trump administration and Congress to develop the strategy for U.S. engagement with the wider world – one that both continues and augments the benefits that American businesses, workers and consumers draw from active participation in the global economy and international institutions. We need policies that anticipate, address and support the demands of a changing American workplace, while addressing the legitimate needs of those displaced or disadvantaged by the 21st-century global economy.

Building on strength

Such a strategy must recognize and build upon America’s strengths in innovation, entrepreneurship, world-class work force and know-how. It should further seek to leverage American business to reinforce U.S. global leadership, and effectively engage with multilateral institutions to foster international rules and a level playing field that support our competitiveness. The U.S. should also seek to make these institutions more accountable and representative of key global stakeholders, including the private sector, in pursuit of shared goals and values. As the recognized U.S. business interface — by virtue of our unique global network — with the UN, OECD, ILO and other multilateral bodies, USCIB is especially well-positioned to help bring this about.

Broadly speaking, we are looking to advance four themes with the new administration:

  1. Making globalization work for everyone – The benefits to the United States of increased trade and investment with the world are significant and broadly dispersed across the entire population. But the painful downside of job loss as the result of foreign competition is felt sharply by many individuals and localities. We need policies that effectively address the short-term losses while ensuring the broad gains remain intact, demonstrating the value of economic openness and dynamism for all Americans.
  2. Growing a dynamic, 21st-century economy – Keeping an open door to trade and investment is only part of the equation in building a robust, dynamic economy for the 21st century. Many of the biggest handicaps to U.S. competitiveness are self-inflicted: poor investment in infrastructure, lagging educational institutions, an antiquated and byzantine tax system and poorly constructed immigration policies. We need to build bipartisan support for sensible, long-term investments and policy reforms in each of these areas.
  3. American leadership in the wider world – Farsighted U.S. policies have helped foster global growth and stability ever since World War Two. This in turn has provided direct benefits to America in terms of national security, as well as our ability to grow and compete in the international economy. The world now confronts multiple challenges (such as climate change, terrorism, migration and slow growth in many economies) that demand continued American leadership and close international cooperation.
  4. Transparent and accountable international institutions – America, and American business, led the way in building the postwar international institutions and a rules-based system to foster global stability, growth and development. Unfortunately, some international organizations in the UN family are becoming hostile to the private sector, seeking to exclude business representatives from key meetings and to impose an anti-business agenda. We need to confront that discrimination, while actively supporting and growing the mutually beneficial relationships that do exist after over 70 years of consultative status by global business with various UN agencies. In this regard, we welcome the UN’s recognition of the positive role of business through the recent granting of Observer Status at the UN General Assembly to the International Chamber of Commerce.

We are ready to work with the Trump administration and Congress to strengthen U.S. competitiveness, reap the gains from participation in global markets and trade, and deliver benefits in the form of jobs and opportunities for U.S. workers. These objectives can and must be pursued together.

New Report on Financial Institutions and International Arbitration

L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)
L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)

At the USCIB Arbitration Committee’s January 18 meeting in New York City, the International Chamber of Commerce (ICC) unveiled a new report on “Financial Institutions and International Arbitration” that assesses the banking and finance industry’s experience and perceptions of cross-border alternative dispute resolution.

Established in 1923, ICC’s International Court of Arbitration is the world’s most respected forum for the settlement of cross-border disputes. USCIB, which serves as ICC’s U.S. national committee, provides a forum for input to the development of new ICC rules, procedures and services, and nominates potential arbitrators to the Paris-based ICC Court.

The new report, prepared by a special task force of ICC Commission on Arbitration and ADR, and presented by task force co-chair Claudia T. Salomon (Latham & Watkins LLP), addresses the potential benefits of international commercial arbitration in banking and financial matters and some common misperceptions about the process. Arbitration, the report says, with its flexibility and worldwide enforcement, has the potential to become a preferred dispute resolution method for the world’s corporate and investment banks.

Task force member Edward Turan (Citigroup) said that arbitration was especially valued by financial institutions when disputes involved high-value transactions, complex instruments such as derivatives, or were of a highly sensitive or confidential nature. The ICC Commission report concludes with detailed recommendations for tailoring the arbitration process to suit the needs of the banking and finance sectors.

2016: Record number of new cases

The event also featured an update on recent developments by ICC Court President Alexis Mourre. The Court recently announced record figures for new cases filed for administration under ICC rules in 2016. According to preliminary statistics, a total of 966 new cases administered by the Court were filed in 2016 – involving 3,099 parties from 137 countries. Constituting a record year for the Court in its 94-year history, the figures reflect continuing growth of the world’s leading arbitral institution and its ongoing efforts to make ICC dispute resolution services more accessible worldwide.

“These initial findings are welcome testament to our efforts to continually adapt our services to the needs of arbitration users around the world,” said Mourre. “These efforts will continue in 2017 with plans to build further on our global presence in the year ahead.” Click here to read more on ICC’s website.

Changing of the guard at USCIB Arbitration Committee

L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)
L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)

USCIB President and CEO Peter Robinson provided an overview of recent developments in USCIB’s Arbitration Committee, recognizing a number of subcommittee chairs from around the country. He also extended the organization’s thanks to outgoing Committee Chair Mark Beckett (Cooley LLP) for several years of outstanding leadership and service, and welcomed incoming Chair Grant Hanessian (Baker & McKenzie).

Robinson commented: “Mark Beckett demonstrated tireless and devoted leadership over the past eight years, and presided during a period of transitions including strengthening of the USCIB Arbitration Committee and development of new institutional relationships as a result of the establishment of SICANA, the North American case-management team in New York. We have greatly appreciated his guidance, friendship and integrity. And we are very much looking forward to working with and supporting the vision of Grant Hanessian as the new Committee chair, having greatly enjoyed working with him as vice chair.”