TTIP: Now More Than Ever, We Need a Common Vision for the Future

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

By Peter M. Robinson, President and CEO, United States Council for International Business (USCIB)

This column was originally published in Echanges Internationaux, the magazine of ICC France, the French national committee of the International Chamber of Commerce.

The past year has been a disappointing one for transatlantic trade policy. More than ever, we must stand up for trade and investment, two keys for economic growth and job creation. Peter M. Robinson, President and CEO of the United States Council for International Business (ICC USA), puts forward some ideas for a common transatlantic business agenda.

Efforts by the United States and the European Union to negotiate a comprehensive, high-standard Transatlantic Trade and Investment Partnership have progressed at a disappointingly slow pace. As we near the end of the Obama administration (and look ahead to a Trump administration that promises a decidedly different approach to trade policy), TTIP has gotten mired in squabbling over a range of challenging issues and is now effectively sidelined.

These are challenging times for global companies and for major business organizations, including the International Chamber of Commerce and its national committees – such as ICC France and USCIB.

Strong, credible voices from business are more important than ever. The U.S., France and Europe more broadly all need more economic growth, more prosperity, more and better jobs. And as we in the ICC family know, one of the best ways to drive that growth is through increased international trade and investment. With that said, I would put forward the following as a common transatlantic business agenda that we can all agree on.

Keep pushing on trade liberalization

The U.S. and EU must keep pressing ahead on the important and challenging issues in TTIP. We cannot let the change of administration in the U.S., internal divisions within the EU, or other distractions deter us or our political leaders from achieving a comprehensive, ambitious, and balanced Transatlantic economic framework. TTIP was, and remains, our preferred option but that pathway seems blocked at least for the time being. It won’t be easy, and it won’t get done as fast as we’d like. But whether TTIP or some other comparable U.S.-EU agreement, it is more important to get a great agreement than to get a quick or easy agreement.

At the same time as we work to cement transatlantic ties, the U.S. and EU also need to keep providing strong leadership for the multilateral trading system, principally through support for and leadership of the World Trade Organization, which desperately needs a strong shot in the arm. The U.S. and Europe must work together to push forward an ambitious multilateral trade agenda for as we approach the WTO ministerial in Argentina in late 2017.

Work together on development

One key element of any WTO agenda needs to be a strong development pillar, designing and implementing creative ways the WTO trade regime can more effectively promote economic growth in the least developed countries, especially in Africa.

Through our “Business for 2030” initiative, USCIB had spearheaded efforts within the ICC network to provide proactive, constructive business participation in the UN Sustainable Development Goals and the 2030 Agenda. We would love to work more closely with ICC France and other leading ICC national committees in Europe on this effort, as we did successfully on the Paris Agreement on Climate Change. Our website www.businessfor2030.org provides additional information on this important effort.

Join forces on global taxation

Business needs clear, predictable, and fair tax regimes in order to plan and execute its operations. Both European and American business need to be more active, and more closely coordinated, in our participation in the G-20 and OECD efforts to reform global taxation. ICC France and USCIB actively engaged in the OECD’s Base Erosion and Profit Shifting (BEPS). We cannot allow the BEPS effort to get hijacked by those with an anti-business agenda.

Keep global organizations “open for business”

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. Leading U.S. and European business groups, and the global ICC network, need to confront that discrimination, while actively supporting and growing the mutually beneficial relationships that do exist after over 70 years of consultative status with various UN agencies.

I have laid out a long and challenging agenda. I very much look forward to working with François Georges and his dynamic team at ICC France in all of these important areas. We have a lot to do, and a lot more that we can do together. Let’s get to work.

USCIB Commends Release of First US National Action Plan on Responsible Business Conduct

USCIB vice president Ariel Meyerstein attended a ceremony to mark the release of the U.S. National Action Plan (NAP) on Responsible Business Conduct last week in Washington DC.  The ceremony demonstrated interagency support and coordination in completing the NAP and featured speakers from the U.S. Department of Commerce, U.S. Department of Labor, U.S. Department of Treasury and the U.S. Department of State.

“This is quite an achievement and we commend everyone who was involved in this complex process,” said Meyerstein. USCIB co-hosted the first public consultation on the NAP two years ago and has since advocated alongside its global partners and other major business organizations for the U.S. and other governments to develop these strategic planning tools to implement the State Duty to Protect under Pillar 1 of the UN Guiding Principles on Business and Human Rights. Meyerstein noted that, when done well, NAPs can help support businesses in implementing their responsibility to respect human rights in their own operations and those of their business partners.

At last month’s UN Annual Forum on Business and Human Rights, USCIB joined several leading business associations active in business and human rights discussions to issue a statement on NAPs globally, urging Member States to complete their processes for creating NAPs, which less than ten Member States have done thus far (with several dozen remaining in various stages of completion). The statement also urged states to engage with the business community to learn from first-hand experiences in dealing with human rights impacts, particularly since companies have an increasing level of experience in implementing policies and practices.

“This first U.S. NAP lays a great foundation,” Meyerstein said, “particularly as it brings together in one place all of the initiatives in which the entire U.S. government has been engaged for years – and in many instances, leading global efforts, whether on government transparency and anti-corruption or forced labor, child labor and human trafficking.”  Meyerstein added, “all of these areas are critical to the success of global companies who do business all over the world and therefore rely on the U.S. government to bring additional pressure to raise global standards and to ensure that other government actors do their fair share in protecting human rights and regulating what is ultimately anti-competitive misconduct by bad actors.”

If the U.S. government does not have a seat at the table in negotiating these standards or working towards their implementation, Meyerstein concluded, then “not only are there likely to be more human rights abuses, but U.S. companies will bear more of the costs in the long-run.”

The NAP is available here.

Hold the Date: ICC Institute Masterclass for Arbitrators

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

Please save the date 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 information will be circulated when it is available. If you are interested in attending, please email Alexandra Akerly.

BIAC Holds Business Day to Discuss OECD Role at G20 and B20

biac_business_daySenior business leaders from BIAC’s global membership and key OECD representatives met on December 8 at the OECD in Paris to discuss OECD’s Contributions to the G20 and the B20. The high-level panel addressed the G20 and the German Presidency and was framed by panels addressing policy topics in Employment and Education, Responsible Business Conduct/Anti-Bribery, Trade and Investment, Digital Economy, and Energy, Climate and Resource Efficiency. The day was rounded off by remarks from Frédéric Sanchez, president of France’s business association, MEDEF, and CEO of Fives.

 

USCIB was represented by Jonathan Huneke, USCIB’s vice president for communications and public affairs, and BIAC Vice Chair and USCIB Board Member Rick Johnston.

 

For more information on BIAC’s Business Day, please visit their website.

USCIB Facilitates Dialogue on US-China Cybersecurity

USCIB’s Eva Hampl (center) and Barbara Wanner alongside Tad Ferris, Foley and Lardner (right)

USCIB facilitated an off-the-record dialogue with U.S. Government officials on the topic of U.S.-China cybersecurity last week in Washington DC. The meeting brought together officials from the White House, FBI, Department of Homeland Security, Department of Commerce, and USTR. After brief introductions by Tad Ferris, partner at Foley & Lardner LLP and chair of USCIB’s China Committee, Barbara Wanner, USCIB’s vice president of ICT policy and Eva Hampl, USCIB’s director, investment, trade and financial services, the group received a strategic overview of the U.S.-China cybersecurity relationship from Christopher DeRusha, senior cybersecurity advisor, Office of the Federal Chief Information Officer.

Discussions focused on the issue of cybersecurity from the perspective of different agencies. One of these perspectives was highlighted in a panel on trade-related aspects of the U.S.-China cybersecurity relationship, which was discussed by Jonathan McHale, deputy assistant USTR for Telecommunications and Electronic Commerce Policy, Office of the U.S. Trade Representative and Christopher Wong, international trade specialist, Office of China and Mongolia, Department of Commerce.

Another panel addressed progress on law enforcement cooperation and international cooperation against third party threats.  This was discussed by Amit Kacchia-Patel, unit chief, Federal Bureau of Investigation and Jordana Siegel, director, international affairs, Department of Homeland Security.

Hampl_Cybersecurity_Mtg12162016
USCIB’s Eva Hampl moderates panel at U.S.-China Cybersecurity Meeting

“Cybersecurity is an issue of growing concern for USCIB members, which is reflected in our submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade, as well as our annual Statement on China’s Compliance with its WTO Commitments” said Hampl.

USCIB also recently signed on to a multi-association letter on China’s draft Cybersecurity Law and related pending cybersecurity regulations and measures.

Click here to read USCIB’s submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade (JCCT)

Click here to read USCIB’s Statement on China’s Compliance with its WTO Commitments

UN General Assembly Grants Observer Status to International Chamber of Commerce in Historic Decision

  • United Nations General Assembly adopts resolution granting Observer Status to world’s largest business association
  • New role for the International Chamber of Commerce first time business given official role in General Assembly in the 71-year history of the UN
  • Landmark move will enhance business engagement on global governance issues—including implementation of the UN’s 2030 Agenda for Sustainable Development

UN_General_Assembly_hallNew York, N.Y., December 13, 2016 – In an unprecedented move, the United Nations General Assembly has today granted Observer Status to the International Chamber of Commerce (ICC) – the world’s largest business organization representing more than six million members in over 100 countries, according to the United States Council for International Business (USCIB), ICC’s American national committee.

The decision – taken by 193 members of the UN General Assembly during its on-going 71st session in New York – is the first time that a business organization has been admitted as an Observer at the UN General Assembly. The list of UN observers is highly restricted and features principally intergovernmental organizations.

The new role for ICC means that business will for the first time have direct voice in the UN system. The decision paves the way for ICC to contribute directly to the work of the General Assembly and reflects the vital role the private sector will play in implementing the UN’s 2030 Agenda for Sustainable Development.

ICC Chairman Sunil Bharti Mittal said: “This is huge recognition of the role that business can play in contributing to a better and peaceful world. There is only one route to meeting the many challenges that face our society – from climate change to mass migration – and that is for governments and civil society to work hand-in-hand with the private sector.

“Granting Observer Status to ICC sends a powerful signal that the UN recognizes business as a vital partner. We stand ready to ensure that the private sector plays a full role in meeting the ambition of the 2030 agenda.”

The resolution to grant observer status to ICC was submitted by France – ICC’s host country – and was supported by 22 other Member States. ICC already works with a wide array of UN specialized agencies and organizations around the world providing business input and expertise on issues from commercial standards through to climate change. ICC was designated as the official business representative in the processes that lead to the creation of the UN’s 2030 Agenda for Sustainable Development – a key factor in the General Assembly’s decision.

ICC Secretary General John Danilovich said: “It’s a great honor for ICC to be granted Observer Status at the UN General Assembly. ICC has a long tradition of close cooperation with the United Nations and today’s decision reflects our sustained efforts to strengthen the relationship between the UN and the private sector.

“Given the complexity of today’s global challenges, it’s vital that business has a clear voice in UN decision making. We look forward to using this unique platform to deploy fully the resources, expertise and knowledge of world business in the work of the General Assembly.”

Danilovich also gave an interview on CNBC regarding ICC’s new status. Click here to watch.

USCIB President and CEO Peter M. Robinson added: “We have strongly supported this effort since its inception and are delighted at the elevation of ICC’s status within the United Nations. This reinforces the unparalleled network USCIB has built to convey U.S. business views to governments and international policy makers. It is part and parcel of our efforts to work more closely with the UN and other intergovernmental bodies in pursuit of shared goals.”

Following today’s UN General Assembly resolution, ICC will take up its position as observer to the General Assembly on January 1, 2017.

About ICC:
The International Chamber of Commerce (ICC) is the world’s largest business organization with a network of over 6.5 million members in more than 130 countries. We work to promote international trade, responsible business conduct and a global approach to regulation through a unique mix of advocacy and standard setting activities—together with market-leading dispute resolution services. Our members include many of the world’s largest companies, SMEs, business associations and local chambers of commerce. Learn more at www.iccwbo.org.

About USCIB:
The United States Council for International Business (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. More at www.uscib.org.

Contacts:
Andrew Wilson, ICC
Tel:  +33 6 70 49 68 74
andrew.wilson@iccwbo.org

Jonathan Huneke, USCIB
Tel: +1 212 703 5043
jhuneke@uscib.org

ICC Marketing Commission Takes Action on Several Fronts

On December 5 in New York, USCIB helped host a semi-annual meeting of the International Chamber of Commerce (ICC) Commission on Marketing and Advertising. It was, in the words of one member, among the most productive the commission has held in recent memory, with approval of several key statements on global marketing practices and regulatory challenges.

For eight decades, ICC has played a critical role in developing cross-border standards for marketing and advertising. The Consolidated ICC Code of Advertising and Marketing Communication Practice is the gold standard for self-regulation of the industry. Since its introduction in 1937, it has served as the foundation and cornerstone for the codes of most self-regulatory systems around the world.

The ICC commission is chaired by Brent Sanders (Microsoft), who also chairs USCIB’s Marketing and Advertising Committee. We will circulate reports on individual initiatives in the days and weeks to come, but here is an overview of the meeting’s major outcomes, as reported by USCIB Vice President Jonathan Huneke:

  • A new ICC Statement of Code Interpretation/Reference Guide on Advertising to Children has been approved by the ICC Executive Board.
  • Members are nearing completion of a new ICC Guide for Responsible Mobile Marketing Communications.
  • Work is beginning on expanded ICC guidelines on online behavioral advertising, to address issues related to mobile such as location data.
  • Members endorsed a draft ICC paper on labelling and packaging measures impacting on brand assets, developed jointly with the ICC Commission on Intellectual Property. Following approval by the ICC Executive Board, the document will be disseminated for advocacy purposes by affected industries in specific countries.
  • The commission is gearing up for a full revision of the Consolidated ICC Code in conjunction with its 80th anniversary (in 2017) as well as ICC’s centennial celebrations in 2019.

At OECD, Business Communicators Confront Challenges of Populism

USCIB Vice President Jonathan Huneke (2nd from left) and heads of communications from other Business at OECD affiliates gathered in Paris.
USCIB Vice President Jonathan Huneke (3rd from left) and heads of communications from other Business at OECD affiliates gathered in Paris

With a populist wave of anti-globalization sentiment washing over many Western countries – or threatening to do so – Business at OECD (BIAC) convened a first-ever roundtable of heads of communications from its member federations, to discuss the urgent challenge of promoting informed discussion of cross-border trade and investment with an increasingly skeptical public.

The roundtable, which took place December 7 at OECD headquarters in Paris, assembled business communicators from a dozen OECD member states, including USCIB Vice President Jonathan Huneke. They discussed common – and, in many cases, unique – challenges they face in their own countries, and brainstormed ways to push back against the rising tide of isolationist and anti-trade rhetoric.

“It’s no secret that the election results in the United States, coupled with the Brexit vote in Britain and the recent popular referendum in Italy, have dealt a stinging rebuke to pro-trade forces, both in business and government,” said Huneke. “We need to marshal the facts, and develop more compelling arguments, in favor of open markets, multilateral cooperation and greater global integration.”

Participants at the roundtable met with Anthony Gooch, the OECD’s director of public affairs and communications, as well as Adam Roberts, European business correspondent with The Economist. BIAC Secretary General Bernhard Welschke also participated. One common theme that emerged is the importance of rebutting populist anger without appearing to talk down to voters who subscribe to it.

“Angry people often behave irrationally, but that doesn’t mean that there isn’t a rational basis for their anger,” Huneke noted. “We agreed on the need for policy makers to take voter unhappiness seriously and address its underlying causes, including insufficient opportunity and social safety nets in many countries. But we also know that it is our shared responsibility to develop more effective ways of helping people understand the broad, and indisputable, benefits of economic openness to society and to individuals.”

The OECD plans to hold a workshop for communications professionals involved in international trade in April 2017. More details will be shared as planning for the program develops.

While in Paris, Huneke also attended the annual Business Day at OECD, where BIAC members met with leadership and program directors from the 35-nation body to discuss a wide range of issues and priorities. Check back here shortly for a report on Business Day.

Berlin Meetings Kick Off Germany’s G20 Host Year

Co-Chair Kathryn Porter, Hilton International; Co-Chair Mthunzie Mdwaba, IOE VP for Africa; Co-Chair Peter Robinson; Chair Gerhard Braun, Vice President of BDA
Co-Chair Kathryn Porter, Hilton International; Co-Chair Mthunzie Mdwaba, IOE VP for Africa; Co-Chair Peter Robinson; Chair Gerhard Braun, Vice President of BDA

On December 1, the first full meeting of B20 members during Germany’s G20 host year was held in Berlin. The B20 brings together private-sector representatives from each of the G20 nations and provides official input and advice to the G20. This year’s G20 Summit will be held July 7-8 in Hamburg. The B20 Summit will take place May 2-3 in Berlin.

USCIB President and CEO Peter M. Robinson took part in the December 1 event in his capacity as a Co-chair of the B20 Employment and Education Task Force, which met in parallel with all other B20 Task Forces, and for which the IOE serves as Network Partner. The International Chamber of Commerce (ICC), for which USCIB also serves as U.S. affiliate, serves as Network Partner for other B20 Task Forces including Trade and Investment.

Because of the compressed schedule for 2017 – the G20 Summit has generally been held in the fall – Germany is proceeding with an accelerated work plan, and has entered into close cooperation with the B20 in support of a manageable yet ambitious agenda.

The December 1 conference brought together all Task Forces and cross-thematic groups. It gave members of various B20 working groups the opportunity to continue their work on policy proposals, and featured addresses by leading G20 and B20 representatives. The conference was opened by German Minister of Finance Wolfgang Schäuble and B20 Chairman Jürgen Heraeus. Lars-Henrik Röller, Head of the Federal Chancellery’s Economic and Finance Division and G7/G20 Sherpa, also participated. His B20 counterpart, Stormy-Annika Mildner of BDI, played an important organizational role in the conference.

B20 Germany is co-hosted by the Federation of German Industries (BDI), the Confederation of German Employers’ Associations (BDA) and the Association of German Chambers of Commerce and Industry (DIHK)—all three USCIB partners in its global network for Business at OECD/BIAC, International Organization of Employers (IOE), and ATA Carnet, respectively.

The theme of the Conference was “Resilience, Responsibility, Responsiveness—Towards a Future-Oriented, Sustainable World Economy.” The B20 issued a statement calling for open markets and inclusive growth, entitled “Make Trade Work for Everybody. Initiated in response to troubling emotional rhetoric taking place around the world, the statement began with:

“The B20 is deeply concerned about current anti-globalization sentiments, which can be witnessed in many countries around the world. Increasingly, communities are voicing strong opposition to trade liberalization and international investment. We need to take these concerns seriously and support communities during times of change and disruption. At the same time, seemingly easy solutions risk having long-term negative consequences for business, workers, and consumers. We urge governments to resist the temptation to resort to protectionist measures such as trade barriers or investment restrictions”

Click here to read a B20 Statement for Open Markets and Inclusive Growth

G20 Scorecard

At the Berlin meetings, the International Chamber of Commerce (ICC) unveiled the latest edition of ICC G20 Business Scorecard, rating G20 responsiveness to key business policy priorities for growing the global economy, while revealing important missed opportunities G20 nations group to advance international trade and key international policy frameworks.

ICC Secretary General John Danilovich noted that ICC “is encouraged to see that G20 work is becoming increasingly responsive to priority recommendations put forward each year by business that aims to spur economic growth and job creation.”

The 2016 ICC Scorecard examined 25 business priorities developed during the Chinese B20 cycle and rates the G20’s responsiveness across seven policy areas. The overall score of 2.3 out of 3.0 across all seven policy categories marks the highest overall score since ICC began its monitoring. However, despite the positive overall trend, progress is shown to be uneven.

Click here to view the full results of the ICC Scorecard.

Business Welcomes OECD PISA Survey Results

OECD’s Program for International Student Assessment (PISA) is a triennial international survey which aims to evaluate education systems worldwide by testing the skills and knowledge of 15-year-old students. In 2015 over half a million students, representing twenty-eight million 15-year-olds in seventy-two countries and economies, took the internationally agreed two-hour test. Students were assessed in science, mathematics, reading, collaborative problem solving and financial literacy.

Commenting on the public release of PISA’s 2015 survey results, Charles Fadel, chair of the Business at OECD (BIAC) Education Committee said, “Employers around the world value the importance of data, and PISA, as a unique instrument in its reach and quality, is the respected influential benchmark which BIAC supports.  However, as the world continues to evolve, so must PISA. BIAC will continue to collaborate with the OECD in expanding and improving measures in other skills and areas relevant for employability, such as entrepreneurship, engineering, creativity, critical thinking, ethics and leadership.”

Education and training are top priorities for business especially in a rapidly changing dynamic work place of today.  Investment in training and access to quality education for all are essential to foster innovation and inclusive growth in our economies. PISA is an important benchmark and comparative analysis towards this goal. The link to the 2015 survey results can be accessed here.

For further information on Business at OECD work on skills and education please visit: BIAC Education Survey and BIAC Character Survey.