What’s New at IOE?

The International Organization of Employers (IOE) is staying busy in December and has multiple events on the calendar for 2017. From a Global Employers Summit to an International Conference on Business and Human Rights, see here for their upcoming events, news and more!

WTO Members Fail to Wrap Up Green Goods Agreement

WTO headquarters in Geneva
WTO headquarters in Geneva

USCIB and other business groups expressed disappointment at the failure to conclude negotiations toward an international Environmental Goods Agreement (EGA) among more than a dozen leading members of the World Trade Organization. A concluded agreement promised to free up trade in a wide variety of environmentally friendly goods and technologies.

“This is a missed opportunity, both for the environment and for the international trading system,” stated USCIB President and CEO Peter Robinson. “To business, it is clear that achieving greener growth depends on the widespread deployment of innovative technologies and management systems through more open trade and investment. These can help to address climate risks, improve food, water and energy security, and offer cleaner goods to consumers in developing countries. A conclusion of the EGA negotiations would have been a big step in that direction.”

The Coalition for Green Trade, of which USCIB is a leading member, issued a press release stating, in part: “The failure to conclude this deal represents a significant missed opportunity for the global economy, delaying positive contributions to job growth, innovation and environmental goals until a later date.”

According to Eva Hampl, USCIB’s director of trade and investment policy, who was onsite in Geneva for the conclusion of the talks, negotiations fell apart over a disagreement over product lists. “While we end the year without an agreement in hand, we are hopeful that the parties will resume negotiations in the near future,” said Hampl.

China had a number of unique concerns with respect to the types of goods to be covered by the EGA as well as some agreed-upon text provision. In the end, China failed to come to the table with a constructive proposal, in the face of a workable solution as presented by the Chair of the negotiations.

USCIB has worked closely with a variety of international partners to push for ambitious approaches to environmental challenges that take account of the unique contributions of the business community and the multilateral trading system. At the recent COP22 climate talks in Marrakesh, USCIB joined over 40 other business groups in a joint declaration of private-sector action on climate.

US Unlikely to Sign New Global Tax Treaty

Businessman hand touching tax word on virtual screen the concept of online taxation.

USCIB’s vice president for taxation policy, Carol Doran Klein, was quoted extensively in a November 30 Bloomberg BNA article on the OECD’s multilateral tax treaty, known as the Multilateral Convention to Implement Tax Treaty-Related Measures to Prevent Base Erosion and Profit Shifting. According to Doran Klein, while many countries are likely to sign on to parts of the treaty, it is unlikely the U.S. will sign on mainly because the multilateral instrument (MLI) “does not have a lot to offer the U.S. Many of the provisions are variations on treaty policies that the U.S. has been implementing for decades.”

Regarding effect on business, Doran Klein said it will be a challenge for companies and their advisers to analyze the changes made by the MLI to individual bilateral treaties. “This is actually a huge issue, because it may be difficult to work through exactly what the new treaty language is.” Doran Klein said she is worried that the tax treaty area will wind up like the trade area. The trade agreements are very difficult to read and understand, because they refer back to other agreements for basic principles. “I believe that the reason they do that is they do not want to open up the fundamentals of the old agreements to complete renegotiation, but it is therefore extremely difficult to understand the obligations.”

To read the full story, visit Bloomberg BNA (subscription required).

Private Sector Unites for Action Under Paris Climate Agreement

USCIB joined representatives from over forty leading national and international business groups to endorse the Marrakesh Declaration, agreed at the High Level Business Summit on November 16 during the 22nd UN Convention on Climate Change (COP22) meetings in Marrakesh.  This meeting, convened by Morocco’s preeminent business group, the Confederation General des Enterprises de Maroc (CGEM) and the leading French business organization, MEDEF, agreed a consensus statement on business priorities and commitment to further develop the Paris Agreement and to create enabling frameworks to support business investment, innovation and implementation of the UN climate agreement.

The main objective of COP22 was to accelerate technical work and guidelines for reporting under the Paris Agreement in several areas, including tracking government action and linking carbon markets, in order to support implementation and meet deadlines resulting from the rapid ratification and entry into force of the Paris Agreement.  While few substantive issues were resolved, the two weeks of negotiations did deliver decisions to outline a timetable for future work and request submissions from governments on a wide range of policy and market topics. Over 20,000 government, UN, NGO, business and press representatives attended COP22.  Members of USCIB on hand at the conference included Nick Campbell, Arkema, Justin Perrettson, Novozymes, Russel Mills, Dow Chemical Company, Brian Lowry, Monsanto, Arthur Lee, Chevron and Jorge Dieguez, Dupont.

While the outcome of the U.S. presidential election did raise questions regarding the U.S. role in the UN Framework Convention on Climate Change, according to Norine Kennedy, USCIB’s vice president for energy and environment, “We regard U.S. government involvement in the UN climate process as critical to represent and defend U.S. economic interests overseas, and promote U.S. innovation as part of the solution to energy security and lower carbon economic activity.”

USCIB also presented on business perspectives on implementing the Paris Agreement and the role of business in developing and improving national pledges, known as Nationally determined contributions (NDCs), that are the foundation of the Paris Agreement.  At an official COP22 side-event on November 18, organized by the Major Economies Business Forum (BizMEF), of which USCIB is a founding member, Kennedy participated on a panel with other experts and representatives from the U.S. Chamber of Commerce, the Turkish business association, TUSIAD, the Austrian Federal Economic Chamber, The Confederation of Swedish Enterprise, Japan’s business group Keidanren, and the Global CCS Institute.

USCIB actively works with BizMEF to develop global business recommendations on the top-line issues that matter to U.S. business. Just one week prior to the official COP22 side-event, USCIB, through BizMEF, partnered with CGEM to convene the 4th BizMEF Business Dialogue. This Dialogue brought together over seventy participants from business, governments, and UN agencies and was a crucial platform for Kennedy to present USCIB’s report on the role of business in developing national pledges under the Paris Agreement, with recommendations for involving the private sector in national and international assessments of climate action.

The next two years will bring multiple fast-moving – by UN standards – decision-making deliberations across a number of key issues, and USCIB will continue to track those that most directly impact our members. USCIB will focus on ways to carve out a clear role for business input and representation in the process. Kennedy emphasized, “We consider it fundamental, at both the national and international levels, for policy makers to consult with business on the economic and environmental aspects of climate policies. There is no doubt that the Paris Agreement has implications for every business sector, across all types of commercial activity, in the near and the long terms. So preserving and improving the UN system’s accountability and transparency, and creating new opportunities for the private sector to contribute, this is USCIB’s bottom line.”

USCIB will circulate a comprehensive COP22 report out and seek USCIB members’ recommendations on 2017 USCIB climate advocacy in early December.  Please contact Norine Kennedy to get involved in USCIB’s climate and environment committees.

CLICK to download new BizMEF statements on the role of business in the UN climate talks, implementing the Paris Agreement, national reporting and verification and greenhouse gas markets.

ICC Meeting With Head of UNEP Discusses Private Sector Approaches to Resource Efficiency

The International Chamber of Commerce (ICC) and the UN Environment Programme (UNEP) held a “Sustainable Resource Management: Business Opportunities and Economic Potential” meeting in Paris last week with 120 policymakers, industry leaders, and scientists to discuss the economic potential of resource efficiency and its role in putting the world on a more sustainable development track in line with the Sustainable Development Goals, and recommendations of last year’s UN Environmental Assembly (UNEA).

This was the first major international business meeting with UNEP’s new leader, Erik Solheim, formerly head of the OECD’s Development Assistance Committee. The Sustainable Resource Management meeting was organized as part of UNEP’s on-going dialogue with business on environmental sustainability. In his opening remarks at the event, Solheim emphasized that “practical solutions will happen in business.”

USCIB was represented at the meeting by Mike Michener, CropLife International, who serves as one of two elected business and industry representatives on UNEP’s Major Groups Facilitating Committee (MGFC), along with Norine Kennedy, USCIB’s vice president for energy and environment.

USCIB Welcomes New Staff Members

USCIB welcomes Mia Lauter, who joined USCIB’s Policy Department in New York to work on Environment, Climate Change, Product Policy and Innovation issue areas. She joins another recent hire, Elizabeth Kim, who joined earlier this year to focus on Corporate Responsibility, Labor, APEC, Competition and China.

Additionally, Kira Yevtukhova has succeeded Chris Zoia as Communications Manager after working in USCIB’s Policy Department for over five years. She will be based in USCIB’s Washington office. Chris has taken a new position with the Freedom Fund.

Please join us in welcoming and congratulating Mia, Elizabeth and Kira.

Business Supports Expansion of APEC Privacy Rules

Global Communications. 3D rendering.

Eight major business groups — including USCIB, Japan’s Keidanren and ICC Mexico — released a joint statement calling on all Asia Pacific Economic Cooperation (APEC) economies to expand participation in the APEC Cross-Border Privacy Rules (CBPR) system. An important priority for USCIB, the CBPR is a high-standard and enforceable privacy code of conduct that facilitates cross-border trade and ensures strong privacy protection of personal information. The statement commended the work done by policy makers in promoting the CBPR system, and urged the 21 APEC economies to commit to the system during 2017.

CBPRs are based on the internationally respected APEC Privacy Framework and endorsed by APEC Leaders since 2011. They are an interoperable, enforceable, and high-standard privacy code of conduct that facilitates cross-border trade of goods and services and ensures that strong privacy protection will follow personal information across the Asia-Pacific region. By creating a certification system that bridges the privacy regimes of each participating economy in a cost-effective and scalable way, the CBPRs allow participating companies to focus their time and resources on innovating, serving customers, and pursuing their business objectives.

USCIB President and CEO Peter Robinson attended the annual APEC CEO summit and various side events alongside USCIB Vice President Helen Medina. Robinson featured the joint statement in his meetings with US government officials, as well as other APEC government representatives on the sidelines of the recent APEC Leaders meeting in Lima, Peru. “We applaud the support that APEC Leaders and Ministers have demonstrated towards expanding participation in the CBPRs. We believe this reaffirms both APEC’s recognition of the importance of data flows to trade and investment in the region and its commitment to building bridges between national privacy regulatory regimes. We see great potential for the CBPRs to serve as a platform for a truly global system of interoperable and robust privacy protection,” noted Robinson. USCIB members certified under the CBPR include Apple Inc., Cisco Systems, Hewlett-Packard Enterprise, HP Inc., IBM, and Merck and Co., Inc.

The CBPRs signal to governments in the Asia-Pacific and in other parts of the world that mutual cooperation between like-minded economies can serve as a rational, effective international approach to high-standard privacy and data protection, without requiring data to be stored, managed, or otherwise processed locally or prohibiting data transfers to other markets.

The next meeting of APEC’s Data Privacy Subgroup, which developed the CBPR framework and continues to oversee its implementation, will be held in 2017 in Vietnam. USCIB will work with APEC member economies to support these commitments and raise awareness with officials and stakeholders on the benefits of CBPRs, increasing participation and helping APEC economies set the standard for how to do privacy right globally.

ICC Court of Arbitration Events: Issues for Colorado Businesses and Conference on International Energy Arbitration

ICC Co-Sponsored Luncheon “Key Issues for Colorado Businesses” – November 30 in Denver

ICC’s International Court of Arbitration will be one of several organizations presenting at a luncheon on “Key Issues for Colorado Businesses” in Denver on November 30, 2016. The event is organized by David Wilson, the Rocky Mountain Chair of USCIB’s Arbitration Committee and several local business organizations, including Metro Denver Economic Development Corporation, World Trade Center Denver, the Association of Corporate Counsel, and the CBA International Law Section.

This program is ideal for anyone who does business internationally and would like to learn more about international dispute resolution in general and ICC arbitration in particular. Topics will include:
• Why companies should consider providing for international arbitration in international contracts;
• Key points to include in contracts that provide for international arbitration—for example, to help save time and costs and to ensure that the arbitral award is enforceable;
• Unique features of ICC arbitration and the latest news from the ICC Court;
• Avoiding common mistakes in international arbitration.

CLE Credit is available and the cost to attend is $15. Registration is open until November 25.

4th ITA-IEL-ICC Joint Conference on International Energy Arbitration – January 12-13 in Houston

This fourth annual conference presented by the ICC International Court of Arbitration, the Institute for Transnational Arbitration and the Institute for Energy Law will address the current key influences on international arbitration in the energy sector today. Register by December 16 to take advantage of the discounted early bird rate. See detailed conference program and information on how to register.

Sponsorship Opportunities are still available for the conference! Benefits of sponsorship include exposure to thousands of constituents of the ICC, ITA and IEL, exclusive event sponsorships, complimentary registrations and the opportunity to display promotional materials at the conference.

Will COP22 Mark the Beginning or the End of the Paris Climate Agreement?

Norine Kennedy at COP22
USCIB Vice President Norine Kennedy at COP22 in Marrakesh

The first part of the UN climate talks that wrapped up last week in Marrakesh, Morocco coincided with the U.S. presidential election. According to Norine Kennedy, USCIB’s vice president for energy and environment, who was in Marrakesh for the duration, Donald Trump’s election as the next U.S. president delivered a jolt to negotiators, who suddenly were faced with the prospect of a possible U.S. pullout from the historic Paris Climate Agreement agreed last December. But negotiators rallied around the agreement, which entered into force earlier this month, presenting a challenge to the new U.S. administration come January 20.

As COP22 – the 22nd Conference of Parties to the UN Framework Convention on Climate Change – was coming to a close, Kennedy presented on business perspectives on implementing the Paris Agreement and the role of business in nationally determined contributions (NDCs) at an official COP22 side-event on November 18. The side-event was organized by the Major Economies Business Forum (BizMEF), of which USCIB is a member. Kennedy participated on a panel with other experts and representatives from the U.S. Chamber of Commerce, the Turkish business association Tüsiad, the Austrian Federal Economic Chamber, Confederation of Swedish Enterprise, Japan’s business group Keidanren, and the Global CCS Institute.

USCIB actively works with the Major Economies Business Forum (BizMEF), developing global business recommendations on the top-line issues that matter to U.S. business. Just one week prior to the official COP22 side-event, USCIB, through BizMEF, partnered with Morocco’s preeminent business group, General Confederation of Moroccan Enterprises (CGEM) to hold a Business Dialogue with government and UNFCCC secretariat representatives. This Dialogue brought together over seventy participants from business, governments, and UN agencies and was a crucial platform for Kennedy to present USCIB’s report on NDC’s.

Kennedy has represented USCIB and its members in UN climate deliberations since 1993. The common thread for USCIB, she said, has always been the importance of U.S. business as solution providers and the need to have U.S. economic interests represented and furthered in international decision-making on climate change. “The climate challenge is itself a long-term phenomenon that impacts regulations and energy access in all countries where U.S. companies operate, and which will also offer new market and innovation opportunities for U.S. business,” she said. USCIB intends to provide continuity and thought leadership on climate policy in the broader context of sustainability, to the administration of President-elect Trump and to future administrations. “We intend to help U.S. government decision makers and the UN system to develop policy frameworks that best address climate change while also facilitating cross-border trade, investment and innovation by U.S. companies,” noted Kennedy.

The Paris Agreement is not a finished product – the broad outlines and goals are indeed established, but key details on a number of critical issues to business, such as the role of various national and regional carbon markets, the tracking and updating of national pledges, and how technology innovation and potential liability for climate-related damages might be tackled are still works in progress. There is still an essential role for U.S. business to stay in touch with our government delegation to offer views and suggestions on thorny issues, and provide examples and other relevant information on business initiatives.

The next two years will bring multiple fast-moving – by UN standards – decision-making deliberations across a number of key issues, and USCIB will continue to track those that most directly impact our members. USCIB will focus on ways to carve out a clear role for business input and representation in the process. Kennedy emphasized: “We consider it fundamental, at both the national and international levels, for policy makers to consult with business on the economic and environmental aspects of climate policies. There is no doubt that the Paris Agreement will affect every business sector, across all types of commercial activity, in both the near and the long terms. So preserving and improving the UN system’s accountability and transparency, and creating new opportunities for the private sector to contribute, this is USCIB’s bottom line.”

CLICK to download new BizMEF statements on the role of business in the UN climate talks, implementing the Paris Agreement, national reporting and verification and greenhouse gas markets.