News Stories Archives

Business Playing a Big Role in Leadup to Key Internet Forums

Published on May 14, 2013

The International Chamber of Commerce, the global business body which USCIB represents in the United States, welcomed the renewed strong representation of business in a multi-stakeholder advisory group responsible for steering preparations for the 8th Internet Governance Forum (IGF) – an open forum for policy dialogue on issues of Internet governance that will take place this October in Bali, Indonesia.

Nine members of ICC’s Business Action to Support the Information Society (BASIS) initiative secured a place on the MAG, a special advisory group to the UN secretary general representing Internet interest groups from governments, business, civil society and the Internet technical community. These included, from USCIB’s membership, Jeff Brueggeman, vice president-public policy, deputy chief privacy officer , AT&T, Theresa Swinehart, executive director, global Internet policy, Verizon, and Patrick Ryan, policy counsel, open Internet, Google. The United Nations confirmed 56 MAG members overall.

Read more on the ICC website.

USCIB members also played important roles contributing to and shaping discussions at the World Telecommunications/ICT Policy Forum (WTPF) and WSIS Action Lines Forum, held May 13-17 in Geneva. The WTPF addressed issues as wide-ranging as the build-out of broadband capabilities and how that drives development, the transition from IPV4 to IPv6 and related capacity-building needs, and the importance of the multi-stakeholder model in Internet governance, to name a few.

The WSIS Action Lines Forum considered progress that has been made since 2002 in implementing goals set forth by the World Summit on the Information Society (WSIS) aimed at bridging the digital divide, and spreading the fruits that can be realized from a digital economy to emerging economies. Some of the themes addressed at the WTPF and the WSIS Action Lines Forum likely will be re-visited at the Internet Governance Forum in Bali, Indonesia, on October 21-25.

Ambassador David Gross, partner at Wiley Rein and chair of USCIB’s Information, Communications and Technology Committee, led the informal “USCIB delegation” at both the WTPF and WSIS meetings. Barbara Wanner, USCIB’s vice president for ICT policy, and member representatives from Amazon, AT&T, BT America, Cisco, Disney, Google, Intel, Juniper Networks, Microsoft, Telecommunications Management Group, Versign, and Verizon also participated.

Staff contact: Barbara Wanner

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USCIB Rallies Support for World Bank Doing Business Reports

Published on May 8, 2013

4529_image002USCIB and its global partners, the International Chamber of Commerce (ICC) and International Organization of Employers (IOE), are spearheading business advocacy to maintain the integrity and rigor of the World Bank’s annual “Doing Business” report and ranking.

In a response to criticism from China and other countries, the new president of the World Bank, Jim Yong Kim, appointed an independent panel of outside experts to review the Doing Business reports, which many in the business community view as a useful measuring tool for understanding the comparative attractiveness of a country’s business and investment climate.

The Doing Business reports currently provide objective measures and rankings of business regulations for local firms in 185 economies and selected cities around the world. In addition, the reports can serve an important policy function by providing leverage for economic reforms in nations where excessive regulation and hidden costs impede the process of starting and running a business.

China in particular has criticized what it says are the report’s “unfair” rankings. As reported in the Financial Times, China ranked 91st out of 185 economies in the most recent Doing Business report, with especially low scores for its construction bureaucracy and tax system.

The panel review is being conducted amid opposition to the report series from a coalition of NGOs, academics, labor unions, and large borrower countries. Using an open consultation process, the expert panel is soliciting comments and will use them as inputs into the decision-making process for the reports. In response, USCIB is leading an effort within the business community to emphasize the value of the reports as an unbiased and reliable source of information on investment, economic development, job creation, and market conditions in countries around the world.

Hearing for stakeholders

On April 18, ICC Secretary General Jean-Guy Carrier delivered comments directly to the independent panel, underscoring the important contribution of the reports to stakeholders spanning business and government entities. USCIB was represented at the hearing by Shaun Donnelly, vice president for investment and financial services, who afterward participated in a Q&A session with panel members. For its part, the IOE submitted comments to the panel and mobilized its worldwide networks of national employers’ bodies to do the same.

The following day, USCIB led a group of business and think-tank representatives in an open discussion session with the panel. According to Donnelly, USCIB is “speaking up aggressively on the value of a rigorous annual Doing Business Report, focused on real-world metrics of direct relevance to local and international business as they make investment and hiring decisions.”

Adam Greene, USCIB’s vice president for labor and corporate responsibility, was critical of the World Bank’s process in setting up the independent panel, noting that the panel had no business representatives even though its original terms of reference called for this. He called the consultation process “haphazard and not well communicated.”

Greene submitted a response to four questions solicited for the review process, covering topics such as the value, relevance, impartiality, effectiveness, and decision-making impact of the reports, as well as how they could be improved. His responses underscored that “the value of the report is that it speaks to the relationship between economic development, regulation, and report creation, and suggests ways to reduce the informal economy, where workers have no protections.”

He also noted that the Doing Business project addresses precisely the types of issues that the private sector believes must be included in the UN’s post-2015 development agenda, i.e., fostering a conducive environment for private enterprise and growth that can raise living standards and provide the resources to tackle urgent societal problems. “The fact that a number of countries are seeking to undermine that process indicates that some states aren’t very interested in taking serious steps to foster good governance or economic growth.”

The panel’s final report is expected within the next two weeks.

Staff contacts: Shaun Donnelly and Adam Greene

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At UN Climate Talks Business Urges Support for Investment and Innovation

Published on May 3, 2013
Climate negotiators met at the World Conference Center in Bonn, Germany.
Climate negotiators met at the World Conference Center in Bonn, Germany.

“The success of a new UN long-term agreement will depend on stepping up investment and catalyzing innovation in mitigation technologies and adaptation frameworks.” This was the message delivered by Nick Campbell (Arkema), speaking for business and industry groups attending the most recent negotiating meeting of the UN climate agreement, held last week in Bonn, Germany.

According to Norine Kennedy, USCIB’s vice president for strategic international engagement, environment and energy, also attending the Bonn talks, these global talks provide an opportunity to frame a new flexible, durable and cost-effective agreement on climate change.

“The world has evolved since the Kyoto Protocol was agreed,” Kennedy said. “The new climate agreement should encompass and reflect new science, technology, energy and economic situations, and it will have to involve all major emitting countries. Business is looking for a regime that protects the planet, works in synergy with international open markets and trade and safeguards investments in research and innovation.”

http://www.iisd.ca/climate/adp/adp2/pix/29april/dsc_8352icc_twn-tn.jpg
Nick Campbell of Arkema spoke on behalf of the business and industry.

USCIB has worked closely with the International Chamber of Commerce, the Major Economies Business Forum and other business groups – representing a wide range of industries, in both developed and developing countries – to advocate the critical importance of creating enabling conditions to mobilize and leverage private-sector investment and innovation to address climate change and advance energy security and access.

Governments have announced their intention to conclude a new agreement for the post-2020 period within the next two years.  A UN climate summit will take place on the sidelines of the 2014 UN General Assembly, and negotiating text is slated to be tabled by March 2015.

In Bonn, governments shared ideas on what might be in the new agreement. Tensions surrounded the challenging goals of gaining universal participation, developing acceptable national targets to achieve very ambitious global outcomes, and mobilizing significant funding to assist developing nations to mitigate their emissions and adapt to climate change.

Besides the implications of emissions mitigation and competitiveness concerns, business issues at stake in the negotiation include new policies to drive technological deployment and investment and potential new market mechanisms.

Under a U.S. government proposal, country-by-country pledges commitments could be submitted six months before the 2015 deadline, giving some time for a non-binding review to strengthen plans. Developing countries continue to call for a “top-down” target for emissions reduction and financial commitments.

USCIB’s Environment Committee, chaired by Ann Condon (GE), will begin preparations for the next round of UN negotiations to be held in June, with a focus on providing U.S business views on key elements of the international regime, and highlighting the need for positive conditions for development, commercialization and deployment of technology and know-how.

Staff contact: Norine Kennedy

More on USCIB’s Environment Committee

Greening the Agro-Food Chain: Better Policies Are Needed

Published on May 2, 2013

4497_image002Last week in Paris, business executives and government policy makers held their first OECD workshop on how to make the agro-food chain greener and more sustainable for all.

The topic of green growth in the food and agriculture sector was at the core of discussions – organized by the OECD secretariat and BIAC, the Business and Industry Advisory Committee to the OECD, part of USCIB’s global network – which were held under the banner of “Green Growth in the Agro-food Chain: What Role for the Private Sector?”

A number of USCIB members joined Helen Medina, USCIB’s senior director of product policy and innovation, at the workshop. Participants agreed that business is the leading driver of agricultural productivity and resource efficiency, but that sound policies are necessary pre-requisites in order to realize the full potential of greening the agro-food chain.

The growing challenges facing the sector were addressed, such as climate change, rising demand for food, shifting diets, soil degradation and competing demands for vital resources such as water. These challenges oblige the sector to do more with less – i.e., increase agricultural productivity to meet growing demand, but in a sustainable manner.

USCIB members highlighted several areas that OECD governments can work on to promote sustainability, including:

  • long-term, fact-based, risk-based, predictable and interpretable regulatory processes
  • good governance and well-functioning institutions (notably to protect intellectual property and land rights)
  • international and cross-discipline collaborations in the area of R&D and opportunities for international cooperation in basic research
  • closer cooperation between the public and private sector
  • fostering trade and investment liberalization to facilitate the development and diffusion of technology
  • increasing access to financial services in rural areas and for farmers in order to increase capital investment
  • an overall enabling policy framework that provides adequate incentives to create and adopt new technologies in all areas.

“We must collectively look at the problems to identify and answer the questions.” said Denise Knight, director of sustainable agriculture with The Coca-Cola Company, In remarks to the workshop. “Coke’s business strategy includes taking a holistic and integrated approach that recognizes the value of the services provided by intact ecosystems. We believe in working with partners across sectors, business, government, and civil society, to share our expertise and work on coordinated approaches to resolve problems. But, we also look to governments to reduce trade barriers and streamline the regulatory environments so that we can fully realize our strategy for sustainability.”

Other participating USCIB members included Croplife USA, McDonald’s and Monsanto.

Business representatives reminded governments of the importance of measuring performance in order to track progress. The OECD can play an essential role in greening the agro-food chain by generating data, sharing best practices and encouraging international and economy-wide policy cooperation and dialogue with the private sector.

Staff contact: Helen Medina

More on USCIB’s Environment Committee

More on USCIB’s Food and Agricultural Working Group

G20/OECD AntiCorruption Conference

Published on April 30, 2013

A strong business contingent turned out for the third annual High-Level Anti-Corruption Conference for G20 Governments and Business, which took place April 25-26 at the Paris headquarters of the OECD. Jointly organized by the Russian Presidency of the G20 and the OECD, with support from the UN Office on Drugs and Crime, the conference brought together some 300 participants from government, business and civil society to discuss the priorities laid out in the 2013-2014 G20 Anti-Corruption Action Plan and B20 recommendations to governments.

BIAC Chairman and USCIB board member Charlie Heeter (Deloitte) said the OECD can and should play an important role by developing global frameworks to address the problems of corruption and bribery and continuing its active involvement in the G20 process. It is important to create fair conditions for all market participants, foster consistent implementation of existing rules to create a level playing field and fight corruption and fraud through collective action, education, training, and partnership approaches that are mutually beneficial.

Heeter said governments should create an efficient legal and institutional framework, also addressing the demand side of corruption. The private sector has a key role to play, both by supporting governments to take action and by taking appropriate measures to address the challenges of corruption.

Erik Belfrage, chair of the ICC Commission on Corporate Responsibility and Anti-Corruption, underscored how concrete ICC tools for training and capacity building help companies – particularly small- and medium-sized enterprises (SME) – fight corruption. Belfrage, who is also chairman of the International Council of Swedish Industry, called attention to the groundwork laid by the ICC Rules on Combating Corruption, which provide a global standard for the private sector to fight corruption.

Read more on the ICC website.

Staff contact: Shaun Donnelly

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USCIB’s Duncan to Head Coordinating Body for Global ATA Carnet System

Published on April 24, 2013
USCIB’s Cynthia Duncan (right) takes over from Peter Bishop (left) as chair of the World ATA Carnet Council, which manages the global “merchandise passport” system.
USCIB’s Cynthia Duncan (right) takes over from Peter Bishop (left) as chair of the World ATA Carnet Council, which manages the global “merchandise passport” system.

The World ATA Carnet Council (WATAC), the body responsible for managing the international guarantee chain for ATA Carnets – which allow for temporary duty- and tax-free export and import of goods – has elected Cynthia Duncan, USCIB’s senior vice president of Carnet and trade services, as its next chair.

The announcement came at the 8th World Chambers Congress, a biennial event organized by the ICC World Chambers Federation (WCF), in Doha, Qatar. Duncan takes over the leadership role from Peter Bishop, who stepped down after nine years at the helm.

Managed jointly by the WCF and the World Customs Organization, the ATA Carnet system enables duty-free and tax-free temporary import of goods of professional equipment, commercial samples, and goods for trade fairs and exhibitions for up to one year. Today the Carnet system is in force in 73 countries.

Ruedi Bolliger, executive director of the Swiss Chamber of Commerce Alliance, was also elected deputy chair of WATAC.

“With the sound foundation established by Peter Bishop, support of the new vice chair, and the continuing efforts of the carnet community, I expect that the ATA system will grow even stronger in the years to come,” Duncan said.

Duncan has served as head of USCIB Carnet and Trade Services since February 2000. She also serves on the steering committee of World Trade Week NYC and is a member of the New York District Export Council. She is a former member of the board of directors of the Organization of Women in International Trade, New York and previously served in a number of other capacities at USCIB, including as vice president for membership.

Staff contact: Amanda Barlow

More on USCIB’s Carnet and Trade Services Department

 

The Law of Letters of Credit in China

Published on April 18, 2013

New Guide to Letter of Credit Law in China

4488_image001New York, N.Y., April 18, 2013 – A new publication from the International Chamber of Commerce (ICC) offers immense help to anyone doing export/import business in China using letters of credit (LC), according to the United States Council for International Business (USCIB), ICC’s American national committee.

The Law of Letters of Credit in China, now available for purchase from the USCIB International Bookstore, provides detailed commentary, in-depth explanations and critical analyses that help shed light on how Chinese LC disputes are resolved and the judicial interpretations that define China’s LC system, based on over 500 court case decisions.

“Although China has not yet enacted any LC law, over the past 20 years, the Supreme People’s Court has promulgated a series of judicial interpretations, provisions and meeting minutes that combine to form the legal authority on LCs in China,” said Li Jian, general counsel of the Export-Import Bank of China. “The present work is an indispensible guide for law, trade and banking professionals trying to understand and apply these judicial interpretations.”

The publication’s author, Jin Saibo, who was involved in the eight-year drafting process of The Supreme People’s Court of China’s LC Judicial Interpretations, has structured the book to cover such critical issues as:

  • Conformity of China’s LC system with international practices, i.e., International Standard Banking Practice
  • Consolidation of disputes concerning LCs and underlying practices
  • Statutory limitations of action
  • Recovery for damages
  • Reasonable legal fees

The Law of Letters of Credit in China is available in English only.

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.

USCIB’s Trade Services include: ATA Carnet, commonly known as the Merchandise Passport, which allows goods to enter over 85 customs territories tax- and duty-free for up to one year; eCertificates of Origin, fully electronic processing of Certificates of Origin, returned to you by e-mail, fast and complaint with ICC Guidelines for Certificates of Origin; and the USCIB International Bookstore, which enables customers to learn international business through unique titles covering a range of topics.

Contact:

Hsin-Ya Hou, USCIB International Bookstore
+1 212.703.5066, hyhou@uscib.org

More on USCIB’s Banking and Trade Finance Committee

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News Brief High Standards Needed in U.S. – China Investment Treaty

Published on March 5, 2013

Columbia University’s Vale Center has published a short essay by Shaun Donnelly, USCIB’s vice president for investment and financial services, presenting the business case for a high-standards U.S.-China bilateral investment treaty (BIT). The essay appears in the center’s journal Columbia FDI Perspectives and is available by clicking here.

Donnelly’s piece responds to an earlier essay in the journal by Karl Sauvant and Huipeng Chen advocating a different approach toward the China BIT negotiations. He argues that it is essential to get a comprehensive, high-standard BIT with China, with meaningful market-opening liberalization as well as strong investor-state dispute resolution provisions, and not to settle for a quick compromise with lower protections just for the sake of getting a deal. Donnelly argues that both the U.S. and Chinese governments – as well as their respective business communities – need the strong protections and dispute-settlement provisions one can only get in a high-standard, 21st-century BIT.

USCIB is actively working to promote member views in the context of the U.S.-China BIT negotiations, and views a high-standards BIT as a key element in USCIB’s 2013 trade and investment agenda.

Staff contact: Shaun Donnelly

More on USCIB’s Trade and Investment Committee

Latest U.S.-China Joint Commission on Commerce and Trade

Published on December 21, 2012

4416_image002The 23rd session of the U.S.-China Joint Commission on Commerce and Trade (JCCT) concluded in Washington, D.C. on December 19.  Established in 1983, the JCCT is the main forum for addressing bilateral trade and investment issues and promoting commercial opportunities between the United States and China.

The latest forum was chaired by U.S. Trade Representative Ron Kirk, Acting Secretary of Commerce Rebecca Blank and Chinese Vice Premier Wang Qishan. Representatives from 25 Chinese government agencies also participated, as did U.S. Ambassador to China Gary Locke
and U.S. Secretary of Agriculture Tom Vilsack.

According to Ambassador Kirk’s office, despite advancements on some key issues – such as addressing concerns on intellectual property rights, agreeing on the elimination of significant regulatory obstacles impeding U.S. exports and securing meaningful steps toward China’s accession to the WTO Government Procurement Agreement – there is still much work to be done to ensure that China’s market is open to American exports and investment.

The U.S. and Chinese governments also signed agreements related to enhancing understanding and measurement of bilateral trade, and increasing the numbers of reverse trade missions, which support China’s continued development while creating more U.S. exports and jobs.

According to Justine Badimon, USCIB’s manager of China and Asia-Pacific affairs, business hopes to see continued increased commitment from both sides on building sustainable strong economic ties to ensure mutual benefits, and supports the advancement of economic issues through meaningful bilateral dialogues such as the JCCT and the Strategic & Economic Dialogue.

Click on the links to read a USTR press release on the JCCT’s conclusion and a fact sheet on the meetings detailing key results.

 

More on USCIB’s China Committee

USCIB Convenes China Business and Legal Forum

Published on November 14, 2012
The Washington, D.C. forum brought together Chinese and American business leaders and government officials.
The Washington, D.C. forum brought together Chinese and American business leaders and government officials.

Yesterday in Washington, D.C., USCIB partnered with the China Council for the Promotion of International Trade (CCPIT) and the U.S.-China Legal Exchange Foundation to host a Business and Legal Forum on U.S.-China Trade and Investment at the Cosmos Club. A large Chinese delegation, headed by CCPIT Vice President Dong Songgen, included senior executives from Chinese companies, industry trade groups, legal experts and government officials.

The forum, which was moderated by Tad Ferris, a partner with Holland & Knight LLP and co-chair of USCIB’s China Committee, provided a large Chinese delegation the opportunity to meet with American executives and policy makers, share experiences and gain a deeper understanding of the opportunities for trade and investment between our two countries. The event addressed a range of business issues, presenting both Chinese and American perspectives on such critical topics as intellectual property and innovation, energy and green growth, and enabling frameworks for trade.

Ferris said that the significant effort that went into this forum reflects the importance of the U.S.-China relationship to USCIB and USCIB member companies. He also observed that the forum reinforced bilateral understanding and channels of communication that help USCIB members, Chinese counterparts, and other stakeholders understand critical issues in this relationship and seek mutually beneficial solutions.

Nicole Melcher, the Commerce Department’s director for China and Mongolia, provided keynote remarks, explaining how the U.S. seeks to help smaller companies tap into the burgeoning Chinese market. She said helping American SMEs export to China is a top priority under the Obama administration’s National Export Initiative, which aims to double U.S. exports by 2015.

While SMEs account for more than a third of total U.S. exports, Melcher said, only 10 percent of smaller companies that export are doing so to China. She observed that these companies’ reluctance to enter the Chinese market reflected the uncertainties and risk of doing business there, as well as increasingly aggressive and competitive Chinese companies.

USCIB China Committee Co-Chair Tad Ferris (Holland & Knight) and keynote speaker Nicole Melcher of the U.S. Department of Commerce.
USCIB China Committee Co-Chair Tad Ferris (Holland & Knight) and keynote speaker Nicole Melcher of the U.S. Department of Commerce.

Melcher said the administration aimed to undertake a range of efforts to spur SME exports to China, including a national export marketing campaign, expanded access to financing through the Export-Import Bank and Small Business Administration, and a “one-stop shop” for federal export assistance to promote trade with China.

Melcher also noted the importance of the US-China Joint Commission on Commerce and Trade (JCCT) which is the primary forum for addressing US-China trade issues. The next JCCT will be held before the end of the year.

Another speaker, He Ning, the minister for economic and commercial affairs at the Chinese embassy in Washington, said the economies of China and the United States have never more closely linked than they are today. Total bilateral trade volume reached $466 billion last year, and is expected to reach a new record high this year, he said, while the two countries have become each other’s second-largest trading partners.

But the relationship is not perfect or free of problems, He stated. With have very different legal systems, there is a need for ongoing exchange of legal knowledge between experts in each country to help Chinese and American executives navigate each other’s markets more smoothly, he said.

USCIB Senior Vice President Rob Mulligan praised CCPIT for taking the initiative to propose the forum. “CCPIT has been an important and strategic partner to USCIB for many years,” he said, “and we greatly appreciate the long-term cooperation we have maintained through work on such areas as ATA Carnet and Green Growth.” He said the two groups would work together on a range of initiatives in the future, including a possible forum for USCIB members in Beijing.

More on USCIB’s China Committee