Wanner Makes Intervention at UN Meeting on Security and Use of ICTs

On occasion of the second meeting of the United Nations Open-Ended Working Group (OEWG) on the Security of and Use of ICTs on December 16, USCIB Vice President for ICT Policy Barbara Wanner delivered an intervention on behalf of stakeholders during a virtual stakeholder consultative discussion with the Chair of the Group, Ambassador Burhan Gafoor.

Wanner’s intervention highlighted many of the points that USCIB had already made in a letter that USCIB submitted to the Ambassador on December 9 prior to Wanner’s intervention, which was co-signed by 147 stakeholders from non-governmental organizations, states and regional organizations as well as individuals. The letter expressed an overarching commitment to a successful OEWG process and a belief that it is likely to have a far-reaching impact on many stakeholders, including impacts on communities and individuals. The letter also emphasized the importance of an open, transparent and inclusive dialogue that would provide the basis for stakeholders to play a role in implementing the decisions and which would take into consideration their ability to participate and contribute to the outcome.

“We urge you to stay true to your commitment to continue to leverage the expertise of non-governmental stakeholders in a ‘systematic, sustained, and substantive manner’ in order to effectively build upon the work of the first OEWG,” said Wanner.

Wanner also stressed the need for transparency, both in terms of the development of texts, and the accreditation process for non-governmental stakeholder participation. She also emphasized the need to continue using a hybrid format for meetings to facilitate the participation of delegates and stakeholders who cannot travel to New York.

“This approach will remain critical as we continue to battle the global pandemic. It also will enable full transparency of the proceedings as mentioned previously,” she added.

USCIB Issues ATA Carnet Advisory on Brazil; Brazil to Terminate Carnet as of January 1

New York, N.Y., December 22, 2021 — As the National Guaranteeing and Issuing Association (NGA and IA) for ATA Carnet in the United States, the United States Council for International Business (USCIB) is issuing the following guidance for holders (users) of U.S. ATA Carnets to Brazil (BR) or “BR ATA Carnets” for entry into the United States.

As of January 1, 2022, Brazilian customs will terminate their ATA Carnet operations.

Brazil will no longer issue or accept ATA Carnets. The National Confederation of Industry (CNI) initially ended its role as the sole NGA role in Brazil in June 2021 and was subsequently extended to December 31, 2021. During this time, Brazil Customs went through a solicitation process for a new NGA and IA, but the process conducted on September 17 and November 5, 2021, was not successful. At this time, Brazil has not been able to appoint a new entity to guarantee and issue Carnets.

As a result, U.S issued ATA Carnets currently in circulation should not be used for entry into Brazil on or after January 1, 2022. Likewise, ATA Carnets issued by Brazil for entry into the United States will be rejected by U.S. Customs and Border Protection (CBP).

Details of this announcement can be found at the Brazilian Customs’ website.

“Specific questions or assistance on U.S. ATA Carnets with regards to this announcement should be directed to our authorized service providers, Boomerang Carnets and Roanoke Insurance Group,” advised USCIB Senior Vice President and Chief Financial Officer Declan Daly.

ATA Carnets are honored in over eighty customs countries and territories and can be used for multiple trips during a one-year period. The global ATA Carnet system is overseen by the Paris-based World Chamber Federation of the International Chamber of Commerce. USCIB administers the Carnet system in the United States.

More on USCIB’s Trade Services.

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 the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Members Honored With Corporate Startup Stars Awards; Pfizer Earns 2021 Grand Winner

On occasion of the annual Corporate Startup Stars Awards, startups were asked to nominate corporates most active in open innovation. Launched by Mind the Bridge under the European Commission’s Startup Europe Partnership initiative in 2016, the Awards have been scaled globally by the International Chamber of Commerce (ICC).

One company that has consistently pursued Open Innovation with Purpose and involving all nations, all genders, all generations is the 2021 Grand Winner, USCIB member Pfizer.

Pfizer’s partnership with startup BioNTech epitomizes this by crossing national, generational and gender borders to come together and help the world with its COVID-19 vaccine.

Along with Pfizer, other USCIB member companies named in the 2021 Top 25 Corporate Startup Stars are: AB InBev, BP, Mastercard and SAP. 

The 25 companies awarded in the “Open Innovation Challengers” category include USCIB members Bayer AG, Boeing and Hewlett Packard.

Regional Awards go to Mastercard (North America).

Special awards for seven categories single out approaches and best practices that merit recognition:

  • Startup Procurement Award
    AB Inbev
  • Corporate Startup Accelerator Award
    Mastercard and SAP
  • Startup Investment Award
    AEI HorizonX (Boeing)

During the Awards Ceremony, Mind the Bridge presented key evidence emerging from its Report “Evolve or Be Extinct. Future Models of Open Innovation from the 2021 Global Corporate Startup Stars” that analyses how Fortune 500/Forbes 2000 companies interact with startups and scaleups at global level.

Download the Mind the Bridge report Report “Evolve or Be Extinct, Future Models of Open Innovation from the 2021 Global Corporate Startup Stars.

See here for the full story on ICC’s website.

Vietnam to Join Global “Merchandise Passport” System in Spring 2022

New York, N.Y., December 20, 2021 — Vietnam is set to become the seventy-ninth member country to accept ATA Carnets for the temporary, duty-and tax-free importation of various types of goods, beginning May 1, 2022, according to the United States Council for International Business (USCIB), which administers the ATA system in the United States.

ATA Carnets are critical tools of trade facilitation known as the “merchandise passport” or “passport for goods” that simplify customs procedures for the temporary movement of goods and permit goods to enter a party to the System duty and are tax free for up to one-year. They provide users with many benefits, including being easy to use and eliminate surprises at the border; one document allows many country visits during a year of validity; streamline processes at border crossings; and they save time and money (duties & taxes).

ATA Carnets cover import of professional equipment, commercial samples and items for display at exhibitions and fairs. When countries join the ATA system they determine their scope of coverage. As of May 1, Vietnam will allow ATA Carnet covering only exhibitions and fairs (E&F).

The worldwide ATA Carnet system is overseen by the World Customs Organization (WCO) and the International Chamber of Commerce (ICC) – World Chamber Federation (WCF). USCIB is the sole U.S. National Guaranteeing and Issuing Association for ATA Carnets.

“Vietnam has an export market of nearly ten billion dollars,” said USCIB Senior Vice President and Chief Financial Officer Declan Daly, who oversees USCIB’s ATA Carnet operations. “ATA Carnets are tools of export promotion as well. They will allow American and other foreign companies to explore the market and conduct business deals with the country, while enabling Vietnamese businesses easier access and exploration to the U.S. and other global markets.”

The ATA System is in place in over eighty-five countries and territories and provides duty-free and tax-free imports on goods that will be re-exported within twelve months.

Please visit the Vietnam ATA Carnet page for more info.

 

Mastercard Wins Coveted State Department “ACE” Corporate Excellence Award for 2021

In a virtual ceremony on December 8, Secretary of State Tony Blinken announced the U.S. company winners of the Department’s 2021 Award for Corporate Excellence (ACE). For the sixteenth time in the twenty-two years that the ACE award has been presented, a USCIB member company is among the winners.

This year, Mastercard received the ACE award in the multinational company category for “Economic Inclusion,” recognizing its path-breaking work in India to expand financial services to under-banked communities. Mastercard and the U.S. company winners in other categories were honored for their contribution to economic and social progress around the world and the advancement of American values. Secretary Blinken, the U.S. Charge d’Affaires in India, and senior State Department economic officials participated in the virtual ceremony.

Mastercard CEO Michael Miebach accepted the award on behalf for the entire Mastercard team and delivered brief remarks. The State Department website includes details on the award and video link to the ceremony. Mastercard’s public statement also includes interesting details.

In the twenty-two years the State Department has been presenting the ACE Award, sixteen times at least one USCIB member company has been honored. Last year The Coco-Cola Company was a winner for its impressive efforts for Women’s Economic Empowerment in Azerbaijan. In 2019, PepsiCo and Procter & Gamble were among the winners.

“We are delighted that again this year, the State Department’s coveted ACE award winners include a great USCIB member company,” said USCIB President and CEO Peter Robionson. “This is not a coincidence. USCIB members are widely recognized here at home and around the world not only as successful business and leaders in their respective sectors but also as representing the best of American business and our ability to spread American values of inclusion, respect, enlightened personnel policies, investing in employees and communities and responsible stewardship of the environment.  We congratulate and commend Mastercard on its imprssive effots in India and beyond and welcome them to a very impressive club of USCIB member winners of the ACE Award.”

USCIB Supports OECD’s Launch of Report on ‘E-Commerce Challenges in Illicit Trade in Fakes’

USCIB Anti Illicit Trade Committee (AITC) Chair David Luna, who also chairs the Business at OECD (BIAC) Anti-Illicit Trade Expert Group (AITEG), made remarks at the December 13 launch of the OECD report “E-commerce challenges in illicit trade in fakes.” The launch of the report took place at the U.S. Department of Homeland Security’s National IPR Coordination Center in Virginia. This important report is also the first outcome of a Special Project on illicit trade between the AITEG and the dynamic public-private partnership (PPP) established under the OECD Task Force on Countering Illicit Trade (TF-CIT).

“On behalf of Business at OECD, we are especially proud to have actively participated in the work leading up to this final report through sharing information and market data insights, best practices, and other industry perspectives to shed greater light on the booming trade of counterfeits across global supply chains and online marketplaces,” said Luna.

“We believe it is crucial to take into account the input from private sector since it ultimately contributes to gain a more detailed perspective of the adverse impacts emerging from illicit trade in e-commerce,” he added.

“USCIB is the U.S. affiliate of Business at OECD (BIAC), the industry voice of the OECD. USCIB members Pfizer, Amazon, eBay, Walmart, Nike, Walt Disney, ABinBev, PMI and The U.S. Chamber of Commerce’s Global Innovation Policy Canter (GIPC) have been active in the BIAC AITEG and the good work of the TF-CIT tied to COVID, e-Commerce, and more,” said Megan M. Giblin, USICB director of customs and trade facilitation, and trade policy manager for USCIB AIT work.

Luna added that many other BIAC federations and partners worked on these important thematic streams in recent years, especially during the COVID-19 pandemic.

According to Luna, the report is timely given the breadth and scale of nefarious actors and criminal networks exploitation of the openness of the internet and anonymity of transactions on e-commerce to evade detection and circumvent law enforcement to distribute and trade in counterfeit and pirated goods, and other illicit goods and contraband, across the digital world. The pandemic has further accelerated illicit trade but especially across online platforms including fraudulent COVID-19 related products.

“As we learned through our series of TF-CIT webinars over the past year, COVID-19 also created unprecedented opportunities for criminals to increase their already significant illicit activities, such as counterfeit pharmaceutical products and personal protective equipment (PPE), frauds, and coronavirus-phishing scams. Illicit trade has further hampered economic development by preventing the equitable distribution of resources that provide for sustainable futures,” said Luna. “Moving forward, the AITEG remains committed to continuing our partnership with the TF-CIT on Phase 2 of the E-Commerce project including more in-depth analyses of the institutional and governance gaps exploited by criminals, and encouragement of more national assessments and country studies.”

Giblin noted that USCIB and its members look forward to continued work with the BIAC AITEG in support of the OECD TF-CIT work streams.

USCIB Statement on the Summit for Democracy

Washington D.C., December 13, 2021—The United States Council for International Business (USCIB) welcomes the recent Summit for Democracy and reaffirms our long-standing support for the critical importance of democracy and rule of law as foundational pillars of well-functioning and inclusive societies.

We agree, as the Biden Administration rightly stated, “that both history and overwhelming data show that societies that respect and defend democratic institutions, the rule of law, human rights and fundamental freedoms, and gender equality are more stable, prosperous, secure and better equipped to confront global challenges.”

“Businesses are key actors in democratic societies, contributing to civic and economic empowerment of people and public institutions, while advancing growth and equality,” said USCIB President and CEO Peter Robinson. “Importantly, business and employer membership organizations are themselves democratic institutions and a core part of the fabric of democratic societies.”

USCIB advocates for good governance, rule of law, anti-corruption and anti-bribery frameworks and other measures of responsible governance, as being among the required elements of the enabling environments for trade and investment that bring growth and opportunity. Indeed, UN Sustainable Development Goal 16 “Peace, Justice and Strong Institutions,” makes clear the key role that governance and the rule of law play in promoting peaceful, just and inclusive societies and in ensuring sustainable development.

As the U.S. affiliate of the International Chamber of CommerceBusiness at OECD (BIAC) and the International Organization of Employers, USCIB joins with global business and employer peers in advocating these policies in international policy fora, including the Organization for Economic Cooperation and Development (OECD), the International Labor Organization (ILO), and the United Nations. As an example, we note in particular USCIB’s engagement through BIAC to support the recent successful launch of the OECD Public Integrity Indicators Portal and the 2021 Recommendation for Further Combatting Bribery of Foreign Officials.

Finally, USCIB and its members reiterate their firm belief that alongside national rule of law and good governance, based on democratic principles, multilateral cooperation is the single most powerful vehicle to achieve an inclusive and sustainable path to dealing with the enormity of the challenges facing society today. Business is a necessary voice in that effort, and USCIB will continue our work to engage meaningfully and constructively as a leading actor at home and within the multilateral organizational system to advance democratic principles and rule of law.

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 the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Commemorates Human Rights Day and Universal Declaration of Human Rights

USCIB dedicates its 2021 Human Rights Day statement to the memory of Professor John Ruggie, a human rights champion and visionary behind the UN Guiding Principles on Business and Human Rights.

New York, N.Y., December 10, 2021 — On the occasion of Human Rights Day today, the United States Council for International Business (USCIB) issued the following statement:

USCIB joins with the global community today in commemorating the seventy-third Human Rights Day. On this day in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), which clarifies the inalienable rights that everyone is entitled to, as a human being – regardless of race, color, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. Human rights protections extend to LGBTIQ people too.

Human rights remain a timeless priority and USCIB especially welcomes the theme chosen for 2021: Equality – Reducing Inequalities, Advancing Human Rights. Article 1 of the UDHR states that “All human beings are born free and equal in dignity and rights.” Yet, in far too many places in the world, discrimination and inequality persists and hinders individuals from full and equal participation in society. Fighting discrimination and inequality requires redoubling our shared efforts to tackle challenges like deep-rooted forms of discrimination which continue to affect the most vulnerable people in our societies.

We all have a role to play in advancing equality and human rights, and for companies this includes undertaking responsible business practices and working to demonstrate their corporate responsibility to respect human rights as set forth in the UN Guiding Principles on Business and Human Rights. As we look ahead to the New Year and continued progress towards recovery, USCIB looks forward with optimism for our shared priority – in collaboration with governments, business and civil society – to advance human rights, non-discrimination, prosperity, and inclusion for all.

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 the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Presses USTR for Section 301 Tariff Relief

USCIB sent a letter to the United States Trade Representative (USTR) Katherine Tai urging for full reinstatement of the Section 301 product exclusion process and calling for a negotiated solution to put an end to the tariffs.

According to USCIB Director for Investment, Trade and China Alice Slayton Clark, the letter was dispatched December 1 as USCIB’s response to the recent USTR request for comment on the possible reinstatement of certain product exclusions subject to the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property and innovation (86 FR 56345).

“While reinstatement of the product exclusion process is an important first step, we urge USTR to grant exclusions to all 549 products currently under review, to broaden the Section 301 product exclusion process, and to intensify high level engagement with the Chinese government and U.S. allies on a negotiated solution that ends these harmful tariffs,” said Clark. The letter advocates for retroactive recuperation of duties, long term extensions and a full and transparent Section 301 product exclusion process. It also urges caution when considering any future unilateral actions or remedies, as Ambassador Tai has indicated an interest in launching a new Section 301 investigation into Chinese industrial subsidy policies.

The letter further emphasizes that, while USCIB remains wholly committed to U.S. efforts to confront unfair trade practices, “we are concerned that the Section 301 tariffs imposed against Chinese imports have done more harm than good. Today, the tariffs cover over $370 billion in goods, levying tariffs of up to twenty-five percent on almost every Chinese import into the United States, including USCIB member products across the entire scope of the Harmonized Tariff Schedule of the United States (HTS). The tariffs have raised the cost of doing business in the United States and increased prices for U.S. families without addressing or improving the practices identified by the Section 301.” This outcome runs counter to the Biden Administration’s Build Back Better agenda and goals for U.S. economic recovery.

USCIB Competition Group Meets With FTC Commissioner, Discusses US Antitrust Developments

The USCIB Competition Committee convened virtually November 12 for its semiannual meeting to discuss updates on antitrust at the national and international levels. Federal Trade Commissioner Noah Phillips served as featured speaker, providing personal insights on the shift in approach of the Biden Administration with respect to merger and acquisition activity, enforcement, rulemaking authority, treatment of labor markets, review of the horizontal and vertical merger guidelines, the July 2021 executive order on promoting competition and the new White House Competition Council.

Commissioner Phillips was appointed to the FTC in April 2018, having previously served as Chief Counsel to Senator John Cornyn (D-TX), on the Senate Judiciary Committee, and in various Washington D.C. and New York law firms. According to USCIB Director for Investment, Trade and China Alice Slayton Clark, Commissioner Phillips interactively engaged with the Committee by answering questions.

The Committee was also updated on the upcoming meetings and activities of the OECD and Business at OECD (BIAC) by Jane Antonio and John Taladay of Baker Botts. BIAC has prepared feedback on four OECD papers under discussion at recent OECD Competition Committee meetings: competition in books and e-books, environmental considerations in competition enforcement, ex-ante regulation and competition in digital markets, and economic analysis and evidence in abuse cases. The OECD meetings will be followed by the annual OECD Global Forum on Competition December 6-8.

USCIB Competition Committee Chair Dina Kallay (Ericsson) and Vice Chair Jennifer Patterson (Arnold & Porter), updated USCIB members on activities at the International Chamber of Commerce (ICC), where they serve as Vice Chairs on the ICC Competition Commission. They discussed the ICC’s Antitrust Compliance Toolkit and its Small and Mid-Size Enterprises (SME) version, as well as recent efforts to update the 2018 leniency manual. Both put a call out for interested USCIB members to become directly involved in the ICC Competition Commission and working groups.

Finally, Kallay informed members on a new draft framework paper issued by the French Competition Authority addressing compliance programs. She suggested USCIB weigh in, pressing for more credit for compliance programs in antitrust enforcement.

Julie Guichard and Matt Heim of Amazon also briefed members on a draft foreign subsidies regulatory initiative in the EU that would impact member companies operating in Europe. The proposal would require mandatory notification to the European Commission of all subsidies received from non-EU governments, information to be used in screening foreign direct investment, mergers and acquisitions, and joint ventures. The proposal was originally aimed at Chinese state-owned enterprises (SOEs), but they warned that the scope has been expanded and will now likely impact western multinationals doing business in Europe. USCIB will explore the issue with members to see if there is an interest in weighing in with the U.S. government on the proposal.