News Stories Archives

USCIB Comments on Negotiating Objectives for a US-Kenya Trade Agreement

Published on April 30, 2020

Following the Administration’s recent notice to Congress that it is going to enter into negotiations with the Republic of Kenya for a U.S.-Kenya trade agreement, USCIB submitted comments on April 28 to offer its input on negotiating objectives.

USCIB’s comments offered support for a negotiation of a comprehensive trade agreement with Kenya as part of a broader strategy to open international markets for U.S. companies and remove barriers and unfair trade practices in support of economic growth and job creation.

“We strongly believe that free trade with Kenya is overwhelmingly in the interests of both countries and their global trading partners, provided that the agreement is a high standard and comprehensive bilateral trade and investment agreement,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl.

According to USCIB, reaching an agreement with Kenya is important for the United States because this would be the first trade agreement with a Sub-Saharan African country.

“Beyond Kenya, the Administration should continue ambitions to initiate trade negotiations with other African partners,” added Hampl.

USCIB stressed that a successful trade agreement with Kenya should be negotiated as a single, comprehensive agreement which covers comprehensive market access and national treatment for goods, services, investment and government procurement, and also addresses key rules issues as well.

Beyond Kenya, a high standard U.S.-Kenya FTA could serve as a benchmark for the further negotiation and implementation of the broader African Continental Free Trade Area Agreement (AfCFTA), parts of which entered into force in May 2019, and is viewed as a great step forward for African trade modernization.

Michener Shares USCIB’s COVID-19 Response with ICC Americas Group

Published on April 29, 2020

At a recent virtual meeting of the ICC Americas group, USCIB Vice President for Product Policy and Innovation Mike Michener discussed USCIB’s response to the COVID-19 crisis, which first and foremost, is to continue important functions as the entire USCIB team works from home in the New York and Washington metro areas.

“We are still representing member interests in multilateral institutions while highlighting individual company responses in tandem with international organizations, and featuring the important work of global affiliates such as International Chamber of Commerce (ICC), as well as the International Organization of Employers (IOE) and Business at OECD (known as BIAC),” said Michener.

According to Michener, USCIB is also flexing its institutional muscle as a thought leader in the nexus between business and the multilateral system, publishing op-eds and press releases, and promoting partnerships with international organizations through its new venture Business Partners for Sustainable Development (BPSD).

Michener outlined how USCIB is fulfilling its function in representing member interests through virtual events; all committee meetings have been converted into a virtual format and USCIB continues to engage with global partners on events, such as the one held on April 29 with the UN Department for Economic and Social Affairs on SDG 17 & Public-Private Partnerships: COVID-19 Response & Recovery in the Framework of the 2030 Agenda.

“We are proud to share the work being done related to COVID-19 across the world by our global network of affiliates on our web page, in particular focusing on ICC’s partnership with the World Health Organization (WHO), the ICC campaign to Save our MSMEs and ICC actions via the G20,” added Michener.

USCIB continues to spotlight what member companies are doing to address the COVID-19 crisis; featured companies include ExxonMobil, Qualcomm, Procter & Gamble, Nike, SAP, Google, Amazon, Apple, CenturyLink, IBM, AT&T, Pfizer, Hewlett-Packard, Intel, Mastercard, Salesforce, Microsoft and HanesBrand, with additional spotlights in the pipeline.

More information can be found on this web page: Ensuring Business Continuity During COVID-19

USCIB Calls for International Financial Support for At-Risk Businesses, Workers in Developing Countries Impacted by COVID

Published on April 24, 2020

April 23, 2020 – As the continuing health consequences of the devastating COVID-19 pandemic are being felt across the globe, no country has been spared, but the impacts are particularly acute in vulnerable middle- and lower-income countries.

The scale and scope of the COVID-19 pandemic requires that all stakeholders come together to develop broad-based approaches to this pandemic crisis. Critically, without immediate support from international development finance institutions, the ability of vulnerable countries to reopen and resume economic activity once the pandemic is contained and addressed, will be severely compromised.

As part of the international response to address the health, economic and social crisis from this pandemic, the G-20 countries, including the G-20 Finance Ministers, have coordinated closely with the International Monetary Fund (IMF) and the World Bank Group and regional development banks, to mobilize resources to address urgent needs.

We call upon the G-20 and leadership of the international financial institutions to support those countries requiring assistance for the health care assets to combat the COVID-19 pandemic.

Additionally, we urge these countries and institutions to allocate necessary resources for:

  1. sufficient funds for governments to offer credit facilities to maintain and avoid the liquidation of businesses in export sectors vital to the economies of these vulnerable countries,
  2. funding to governments to support functioning social protection programs, including income to meet the basic needs of their work force so that they can be supported while they wait to resume their jobs once businesses can be reopened, and
  3. technical and financial support necessary for the export and other economic sectors in these countries so that workplaces can resume operation safely taking into account strategies to mitigate COVID-19 risk.

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USCIB Competition Committee Hosts FTC Antitrust Expert

Published on April 23, 2020

USCIB’s Competition Committee held its spring meeting on April 16 in virtual format due to the COVID-19 crisis. The meeting included distinguished speaker Gail Levine, deputy director of the Bureau of Competition at the U.S. Federal Trade Commission (FTC). Jennifer Patterson (Arnold and Porter), who serves as vice chair of the USCIB Competition Committee, introduced Levine and USCIB Competition Committee Chair Dina Kallay (Ericsson) moderated the discussion with members.

“The off-the-record exchange included an update on antitrust enforcement in the time of COVID-19, as well as on recent cases, and the recent Draft Vertical Merger Guidelines, to which USCIB provided comments,” noted USCIB Senior Director for Trade, Investment and Financial Services.

Another issue of interest to members was the technology task force the FTC created in February 2019, which has since then been converted into a “Technology Enforcement Division” (TED) that now has 25 FTEs. The TED was created to monitor competition and investigate potential anticompetitive conduct in markets in which digital technology is an important dimension of competition.

Following the exchange with the government official, the Committee received an update from John Taladay (Baker Botts), chair of the Business at OECD Competition Committee on the upcoming OECD Competition Committee meetings in June. Lisa Kimmel (Crowell & Moring), also provided a summary of USCIB comments on the Department of Justine (DOJ)/FTC Draft Vertical Merger Guidelines, and Eileen Cole (White & Case) provided an update on the recent hearing of the 1-800 Contacts case, for which USCIB submitted an amicus brief, urging the reversal of the FTC ruling.

USCIB Talks OECD Accession with Brazilian Ambassador

Published on April 13, 2020

On the heals of USCIB’s mid-March virtual meeting with newly sworn-in U.S. Ambassador to Brazil Todd C. Chapman, USCIB senior staff, led by Senior Vice President Rob Mulligan, had an excellent introductory call with Brazilian Ambassador Nestor Forster on April 2.  Ambassador Forster, currently charge d’affaires heading the Brazilian Embassy in Washington DC, is awaiting formal confirmation by the Brazilian Senate to assume the title of Brazilian Ambassador to the U.S. Ambassador Forster reached out to USCIB seeking an early direct connection with the organization as the representative of U.S. business to the OECD and U.S. government on all things OECD, including accessions.

USCIB Senior Adviser Shaun Donnelly and Senior Director for Investment, Trade, and Financial Services Eva Hampl joined Mulligan on the call.  Ambassador Forster’s embassy economic counselor also joined.

Ambassador Forster strongly reaffirmed Brazil, and its President Jair Bolsonaro’s, commitment to the OECD accession process as a key pillar of the government’s overall economic reform strategy and move to a more market-based, private sector-driven, competitive economy.

The Ambassador committed that the Brazilian Government would work closely with USCIB and other business organizations from OECD member countries in the “Business at OECD (BIAC)” consortium throughout the accession process – in Paris, in Brazil and in Washington.

“We were able to assure the Ambassador that USCIB and our member companies see Brazil’s OECD accession process as a high priority,” said Donnelly, who is a former U.S. Ambassador and now serves as USCIB’s senior adviser. “We were also able to preview some early specific priority areas where we expected the international business community and OECD member governments would be pressing Brazil for important reforms. We agreed to stay in close contact with Ambassador Forster’s team at the embassy.”

USCIB’s Hampl will be the key staff coordinator on accession issues but almost all USCIB policy staff and committees will be involved in the rigorous review of Brazil’s candidacy by each of the OECD’s committees and related bodies.

“We really appreciate Ambassador Forster making time for an early call with USCIB about Brazil’s OECD accession process,” said Mulligan. “We anticipate working closely with his embassy team, key U.S. government agencies, the OECD staff, our Brazilian counterpart business group CNI, and, of course, all our USCIB members and committees, throughout this important and rigorous accession process.  As the formal accession process gets underway via a formal invitation letter from the OECD Secretary General, we will draw on our experience from Colombia’s accession process.  But even in advance of that formal launch, we will begin seeking member company views and priorities on key issue areas.”

Several times during the meeting, Ambassador Forster emphasized that Brazil would also be seeking to negotiate a comprehensive Free Trade Agreement (FTA) with the United States, at the same time as it is pressing ahead its OECD accession candidacy. USCIB staff indicated USCIB’s interest in such an agreement, noting it would need to comprehensive and high-standard.

IOE Hosts Digital Conference of COVID Impact on Global Trade, Supply Chains, Employment

Published on April 9, 2020

The International Organization of Employers’ (IOE) hosted a digital conference on the impact of COVID-19 on global trade, supply chains and employment on April 8. The conference addressed the “pause button” placed on the global economy in efforts to limit the spread of the COVID-19 pandemic and endeavored to answer questions such as: whether trade activities will return to normal, how many jobs will be lost, whether companies can continue producing and whether global production chains will be revamped after the crisis.

USCIB Senior Director, Investment Trade and Financial Services Eva Hampl participated as a speaker.

In her comments, Hampl emphasized the importance of maintaining an open trade and investment climate, pointing to these conditions as being necessary to rebuild the economy post crisis.

“USCIB is working with our various partners and affiliates to develop policy that looks toward addressing the current problems, but also retaining the structures that work, and rebuilding those that were affected by the crisis,” said Hampl. “Right now the global economy is still in triage and international cooperation is key at this moment. High level statements like the G20 leaders’ statement committing to work with the World Health Organization (WHO), International Monetary Fund (IMF), World Bank, United Nations and others to address the crisis, or the World Trade Organization (WTO) and World Customs Organization (WCO) coming together in a joint statement pledging to work together to facilitate trade in essential goods such as medical supplies, food and energy, are necessary and welcome to business at this time. As the global economy deals with this crisis and looks to rebuilding, business will be a key driver and partner of the recovery process.”

G20 Trade Ministers Release Statement on COVID-19

Published on April 2, 2020

The G20 Trade Ministers met virtually on March 30 amid the COVID-19 pandemic to discuss stepping up cooperation and coordination to protect human life and lay the foundations for a strong economic recovery and a sustainable, balanced and inclusive growth after the crisis. Following the meeting, the Trade Ministers posted a statement.

The statement emphasized: “As we fight the pandemic both individually and collectively and seek to mitigate its impacts on international trade and investment, we will continue to work together to deliver a free, fair, non-discriminatory, transparent, predictable and stable trade and investment environment, and to keep our markets open.”

USCIB Senior Vice President Rob Mulligan noted the significance of all G20 members being able to agree on this statement as a much-needed coordinated response to the crisis and is hopeful that governments will soon follow up with more specific action items they will implement to keep trade open and facilitate the flow of essential goods for dealing with the COVID-19 crisis.

In advance of the G20 Trade Ministers meeting, the International Chamber of Commerce (ICC) sent a letter from its Secretary General John Denton, which included ten concrete actions that trade ministers can take now to speed up the health response for COVID-19 and minimize the economic damage.  It also included points on the need to maintain momentum on World Trade Organization (WTO) reform and e-commerce negotiations.

USCIB Concerned Over Draft “Buy American” Executive Order

Published on April 2, 2020

USCIB joined a broad group of national trade associations, as well as state and local organizations, to send a letter to U.S. Department of the Treasury’s Steven T. Mnuchin, U.S. Trade Representative (USTR) Robert Lighthizer, the U.S. Department of Commerce’s Wilbur Ross and the National Economic Council’s Lawrence Kudlow expressing concern over the Administration’s draft “Buy American” executive order.

The group believes that such an order could be counterproductive in the Administration’s ongoing efforts with American allies to respond to the COVID-19 pandemic and warns that the order may delay the discovery of a COVID-19 vaccine and other treatments, worsen shortages of critically-needed medicines and medical products, and undermine prospects for economic recovery.

The letter states: “Now more than ever, U.S. industries require access to international supply chains to produce critically-needed medical products. The United States simply does not produce all of the raw materials or intermediate goods that are essential to drug development or production of the medical equipment needed to thwart this pandemic. Preventing federal agencies from sourcing medical equipment and pharmaceutical ingredients from abroad — or that are made with non U.S. inputs — would only exacerbate the supply shortages racking the United States.”

The coalition also applauded the Administration’s focused response to the pandemic and emphasized that American companies will do whatever it takes to support America’s pandemic response and will continue to work hand in glove with government to get the job done.

USCIB’s Donnelly Retires; Will Take on a Consulting Role 

Published on April 1, 2020
Shaun Donnelly

Vice President for Investment Policy and Financial Services Shaun Donnelly is retiring April 3 after eight and half years at USCIB.

Donnelly came to USCIB in 2011, after an impressive 36-year career as a Department of State Foreign Service Officer followed by shorter stints at two other leading Washington trade associations. Throughout his time at USCIB, Donnelly has been a leading voice for the U.S. and international business communities on a wide range of investment policy issues, speaking out forcefully and publicly, as well as privately, to the U.S. Administration, Congress and in international fora, from the OECD and World Trade Organization (WTO) to the UN Conference on Trade and Development (UNCTAD) and the UN Commission on International Trade Law (UNCITRAL).

Donnelly has also been a sought-after and a provocative speaker at investment conferences and seminars around Washington and around the globe.  But most importantly, Donnelly has always been willing and able to put his experience, his expertise and his rolodex to use to assist USCIB members, collectively and individually.

“It has been a real privilege to have Shaun as part of the USCIB team, and I’m delighted that he will continue on in an advisory role,” said USCIB President and CEO Peter Robinson. “Shaun is a global regulatory diplomat par excellence, never hesitating to stand up for private sector interests in a forceful, rational and compelling way.”

In the State Department’s Foreign Service, Donnelly served eight years as a Deputy Assistant Secretary of State (DAS) in the Bureau of Economic and Business Affairs, at various times leading policy on Trade, Energy and Economic sanctions.  For almost five of those years he was the Principal Deputy Assistant Secretary, the Department’s #3 economic policy official. Donnelly also served as U.S. Ambassador to Sri Lanka and Maldives and as Deputy Ambassador to Tunisia and Mali. In his final U.S. government assignment, Donnelly was detailed to the Office of the U.S. Trade Representative (USTR) as Assistant USTR in charge of Europe and the Middle East, running USTR’s largest regional office.  He retired from the Foreign Service with the personal rank of Career Minister, roughly equivalent to that of three-star general.

“Simply put, it’s time,” Donnelly said.  “It’s been a great run and I have really appreciated the opportunity to work with so many great colleagues at USCIB and in our member companies.”

For us at USCIB, the good news is that Donnelly has agreed to stay on in a consulting role, serving as a senior advisor to Robinson and USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan, as well as to take on a few special projects.

“I look forward to staying involved behind the scenes with USCIB and helping where I can,” said Donnelly. “It’s a great organization and there is still a lot of important, challenging work to do.”

Virtual ICANN Meeting Focuses on Domain Name System Abuse

Published on March 26, 2020

In response to the COVID-19 pandemic, the International Corporation for Assigned Names and Numbers (ICANN) held its first virtual meeting, March 7-12. The week-long meeting was originally scheduled to take place in Cancun, Mexico and gather thousands of participants. According to USCIB Vice President for ICT Policy Barbara Wanner, who participated virtually, “Although the virtual format did not enable the face-to-face engagement that constitutes the ‘ICANN DNA,’ in ICANN President Goran Marby’s words, ICANN 67 nevertheless enabled the stakeholder community to engage in discussions on a prioritized set of domain names system (DNS) issues and move forward current work-streams.”

In particular, ICANN’s Business Constituency (BC), of which Wanner serves as representative to the Commercial Stakeholder Group (CSG) and which also includes several USCIB members, reiterated acute concerns expressed at ICANN 66 about inaction by ICANN Org and the contracted parties in mitigating domain name system (DNS) abuse that escalates by the day. ICANN insisted that it expects registry operators to enforce their agreements with registrars prohibiting DNS abuse, but current contractual language does not enable it to “enforce this expectation.”

By the meeting’s end, ICANN Compliance had agreed to facilitate dialogue between the BC and registries/registrars about possible contractual amendments or other mechanisms that would better enable the contracted parties and ICANN to go after the chronic bad actors, estimated to be between fifteen and twenty.

Also related to DNS Abuse, members of the Commercial Stakeholders Group (CSG) pressed ICANN to resume implementation of the policy outcomes of the Working Group for Privacy and Proxy Services Accreditation Issues (PPSAI). ICANN suspended this work on grounds that it needed to determine how the Expedited Policy Development Process (EPDP) relating to publication of DNS registration data  would affect the PPSAI’s previous work. In the meantime, as several CSG members noted, bad actors have been abusing proxy services offered by registrars, which originally were designed to protect the privacy of legitimate domain name users.

Finally, the ICANN community had many questions for members of the ICANN Board about their role in vetting the Public Interest Registry’s (PIR) sale to private equity firm Ethos Capital. The $1.135 billion deal would put a for-profit company in charge of a domain (.org) that generally has been assigned to non-profit entities.