EU Publishes Consultation Report on Investment Protections in U.S.-EU Trade Agreement

4931_image002New York, N.Y., January 13, 2015 – The United States Council for International Business (USCIB) looks forward to a resumption of negotiations on investor protections in the Transatlantic Trade and Investment Partnership (TTIP) following today’s publication of the EU’s final report on the online public consultation on investment protection and investor-state dispute settlement (ISDS) in the U.S.-EU trade agreement. TTIP negotiations were launched in July 2013, but negotiations on the agreement’s investment chapter have been stalled since early 2014.

As an active advocate for strong investment protections, USCIB hopes that with the publication of this report, productive negotiations on an investment chapter in TTIP can resume.

Following a preliminary report providing a statistical overview of responses, this final report provides the opportunity for the EU to resume negotiation of an ambitious investment chapter in TTIP, armed with a wide variety of stakeholder input as guidance. Nearly 150,000 replies to the consultation included specific views on the thirteen questions posed, as well as statements indicating opposition or concern to investment protection, ISDS and TTIP in general. Without providing specific guidance on the contents of an investment chapter in TTIP, the Commission responded to the various views by outlining four areas in which to explore further improvements.

“Foreign direct investment (FDI) is a cornerstone of economic growth and jobs, and an open investment climate requires policies and agreements that are transparent and non-discriminatory,” said USCIB Director for Investment, Trade and Financial Services Eva Hampl.  “ISDS is an essential component of a predictable and fair system that protects investors against the potentially arbitrary actions of host states. It de-politicizes potential disputes by providing a neutral mechanism of legal dispute resolution.”

The Commission launched the consultation in response to public concerns about whether the EU’s proposed approach for TTIP would achieve the right balance between protecting investors and safeguarding the EU’s right and ability to regulate in the public interest.  USCIB submitted comments in support of an ambitious investment chapter including strong investor protection and ISDS representing the views of the U.S. business community.  USCIB also signed a joint statement with other U.S. and EU business associations upon the release of the report.

A high standard investment chapter including ISDS is crucial to a successful TTIP, and both the EU and the U.S. stand to gain significantly from a concluded agreement.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

 

ICC and WCO Secretaries General Meet to Talk Business and Customs

L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).
L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).

International Chamber of Commerce (ICC) Secretary General John Danilovich met with World Customs Organization (WCO) Secretary General Kunio Mikuriya at WCO Headquarters in Brussels earlier this week to discuss ways to strengthen the relationship between the world business community and the WCO to facilitate cross-border trade.

Joined by Norman Shenk, chair of the ICC Commission on Customs and Trade Facilitation and UPS vice president of global customs policy and public affairs, Danilovich highlighted the role of the ICC World Chambers Federation in co-administering the ATA Carnet System and cooperating with the WCO in the area of Certificates of Origin.

ICC also supports the WCO with the Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative to stop counterfeited goods at borders and prevent free trade zones from becoming hotspots for illicit trade and organized crime groups.

Discussions included specific challenges that small- and medium-sized enterprises (SMEs) encounter when trading across borders, customs valuation ceilings for goods known as de minimis, rules of origin and the increasing importance of e-commerce and global value chains.

Thanking Mikuriya for making the customs-business cooperation a priority, Danilovich also reaffirmed ICC’s ongoing support for the WCO’s work on trade facilitation and in particular for the implementation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) that aims to enhance trade flows.

“Given that the agreement deals almost entirely with Customs-related topics, trade ministries, Customs and business must all be involved at country-level to ensure the TFA’s successful implementation,” Danilovich said.

Mikuriya has emphasized on many occasions that Customs and business are natural allies in trade facilitation. Both he and Danilovich will speak at the upcoming Customs and Trade Facilitation Symposium, hosted by ICC and USCIB in Miami from February 22 to 24.

USCIB Letter to President Obama on U.S. Trade Agenda

Ahead of President Obama’s State of the Union address, USCIB sent a letter to the president urging him to highlight the U.S trade agenda and call for passage of Trade Promotion Authority. The letter emphasizes that a strong push from the Administration, Congress and the business community is needed to get TPA over the finish line.

“This year will present opportunities for the U.S. to conclude trade and investment agreements that will ensure that the United States grows its economy, creates jobs and opens markets to U.S. goods and services reaching customers around the world,” wrote USCIB President and CEO Peter Robinson in the letter to President Obama. “TPA would provide a critical boost to achieving these shared goals among U.S. workers, companies and citizens.”

In addition, the Trade Benefits America Coalition, of which USCIB is a member, also sent a letter to House and Senate leadership urging Congress to pass bipartisan legislation to modernize TPA early this year.

The Trade Benefits America Coalition includes a wide range of associations and companies that are dedicated to the pursuit of U.S. international trade agreements that benefit American businesses, farmers, workers, and consumers. The Coalition believes that passage of modernized TPA legislation is important to help ensure America continues to benefit from trade.

USCIB Looks Ahead to Int’l Conference on Chemicals Management

Helen Medina (USCIB) speaks at the second meeting of the Open-Ended Working Group of ICCM in Geneva on December 16. (Credit: International Institute for Sustainable Development)
Helen Medina (USCIB) speaks at the second meeting of the Open-Ended Working Group of ICCM in Geneva on December 16. (Credit: International Institute for Sustainable Development)

Central to the modern economy, chemicals are traded widely across borders and are used in the production of thousands of different products, from pharmaceuticals to computer microchips.

The International Conference on Chemicals Management (ICCM) is an inter-governmental ministerial that convenes UN member delegates and stakeholders for discussions on chemicals management. Adopted by the International Conference on Chemicals Management (ICCM) in 2006, the Strategic Approach to International Chemicals Management (SAICM) is a policy framework aimed to foster the safe and sound management of chemicals.

In December, Helen Medina, USCIB’s senior director for product policy and innovation, attended the Second Open-Ended Working Group of ICCM in Geneva to represent American business interests in the lead-up to the next ICCM ministerial, scheduled to take place in late September 2015.

Approximately 335 delegates attended the working group, representing 105 governments, five UN agencies, 12 intergovernmental organizations, and 38 non-governmental and industry organizations. At the meeting USCIB shared its concerns about SAICM’s Chemicals in Products program (CiP), a voluntary initiative designed to give guidance on how to share relevant information on chemicals in products along the supply chain and throughout their life cycle. Industry representatives argued that elements of the CiP draft text were too prescriptive, and that efforts should be made to make the document more attractive to business.

USCIB will continue to monitor work on SAICM and provide regular updates to members. Medina will attend the fourth International Conference on Chemicals Management in September 2015.

What Has Changed in the Climate Change Talks?

If a global climate agreement doesn’t work for business, it won’t work.

USCIB President and CEO Peter Robinson
USCIB President and CEO Peter Robinson

Following another finish in “overtime,” the annual UN climate change conference wrapped up in Lima, Peru on December 13. This was the 20th Conference of the Parties to the UN Framework Convention on Climate Change, or UNFCCC, and one could be forgiven for a sense of déjà vu. After all, we have become accustomed to the inevitable cliff-hanger ending of these annual “COP” meetings, just as we have come to depend on a last-minute compromise.

The Lima meeting’s purpose was to set the stage for the home stretch of negotiations of a long term inclusive climate agreement to be finalized next December in Paris. Yet despite a modest agenda, it proved extremely difficult for member states to agree to even a brief five page outcome document. In my view, this means we should not be too complacent as we look ahead to 2015. Much has changed since the international community negotiated the Kyoto Protocol in 1997, and business has a lot on the line.

Negotiators did make progress in framing commitments to lower greenhouse gas emissions and fund developing countries’ climate efforts. I attended alongside USCIB’s Norine Kennedy and many dozens of USCIB member executives and representatives of our global business network. Our colleagues from the International Chamber of Commerce played an important coordinating role, facilitating private-sector engagement across the board in Lima.

This was my fourth COP, and a major difference I noticed from prior meetings was while governments still face gaps and differences in opinion, positions put forward by business groups are converging in three key areas that are – in USCIB’s view – deal-breakers for the future of the agreement.

Commitments and Transparency

The climate agreement to be signed in Paris must provide a clear framework for international cooperative action, committing all large emitting economies to the measurement, monitoring and reporting of nationally pledged activities to control and reduce greenhouse gas emissions, such as those announced recently by the United States and China.

UN negotiators needed to reach agreement on credible measuring, reporting and verification for all national commitments to ensure transparency and assess progress going forward. In Lima, China and a number of other, largely developing, countries resisted measurement and reporting tools to ensure that countries are living up to their commitments.

Financing and Investment

We need to leverage private investment if we are to have any hope of marshalling the $100 billion in annual financing that UNFCCC parties say is required to ensure adequate resources for climate mitigation and adaptation. Yet governments seem stuck in the same old “aid, not trade” mindset. The UN’s Green Climate Fund, designed to finance developing countries’ efforts to combat climate change, did reach its initial $10 billion capitalization target. But going from $10 billion to $100 billion depends on the mobilization of private investment and innovation.

Negotiators must now work toward a 2015 Paris agreement with measures that enable markets and foster business investment – as well as government aid – aimed at reducing greenhouse gas emissions and adjusting to climate impacts. The UNFCCC should promote innovation through financially efficient and well-targeted support mechanisms to scale up new technologies and strong, protection of intellectual property.

Private-Sector Engagement

If a global climate agreement doesn’t work for business, it won’t work. This was the message my colleagues and I delivered repeatedly in Lima. With so much riding on economy-wide transformational change that will rely on the private sector, the Paris outcomes must anchor the role of business in the UN climate agreement through actions to reduce emissions, pursue efficiency, transform energy systems and build more resilient infrastructure.

We made some progress on this front. Our well-attended BizMEF Lima Dialogue (see photo) won praise for engaging with key governments and other stakeholders in support of securing the private-sector commitment and expertise that can drive meaningful change. Given the wide impact that a UN agreement will have on markets, regulations and national competitiveness, an agreed and recognized structure is needed to provide business expertise and support.

UN negotiators should make space for a business consultative channel as a resource of technical and practical expertise for governments and the UNFCCC process.

So where does this leave us, with one year to go before the big Paris climate summit? The challenge of climate change is real on economic, environmental and social fronts, with opportunities for business in new markets and for the global community to enable climate friendly development and energy access.

Negotiators have a lot of work to do between now and next December. Have they bitten off more than they can chew? I think not, but getting this agreement past the finish line will clearly require pragmatic problem-solving and engagement with the private sector. Business innovates and invests in ways that the public sector can’t, and tapping into that innovation could well be the difference between success and the same old same old in Paris next year.

Peter Robinson’s bio and contact information

Other recent postings from Peter Robinson:

What’s the Rush on Global Tax Reform? (Summer 2014)

Setting the Rules of the Road in Cross-Border Commerce (Spring 2014)

It’s Time to Clap with Both Hands on FDI (Winter 2013-2014)

Making Sure the Business Voice Is Heard in International Agencies (Fall 2013)

OECD Takes New Approach to Measuring Development Assistance

4927_image002Business cares about how finance for development is measured. The OECD (Organization for Economic Cooperate and Development) Development Assistance Committee (DAC) recently agreed to modernize its development finance measurement framework to ensure that it is credible and practicable in today’s global context.

This decision and the actions taken at the DAC’s 2014 High Level Meeting on December 15 and 16 in Paris will enable OECD members to make an important contribution to future monitoring of the financing framework underpinning the United Nations’ forthcoming Sustainable Development Goals.

“Today the world’s leading donors have made a commendable step towards using aid more efficiently and effectively while at the same time catalyzing more private investment into developing countries”, said Thomas de Man, chair of the BIAC (Business and Industry Advisory Committee to the OECD) Development Task Force, at the High Level Meeting of the DAC. “This is a crucial element of the Post-2015 development agenda”, he added.

To date, private-sector instruments such as credit guarantees have not been properly captured in official development statistics. Now new methodologies will be adopted to reveal the budgetary effort involved in using these instruments.

“While many businesses can welcome the modernization of the development finance statistical frameworks, reaching agreement on the details will now be of critical importance”, said de Man. 

The DAC improves global access to reliable statistics on different types of financing into developing countries. This work sheds light on the full range of financial options available to these countries and helps them to plan their development strategies.

In October 2014, BIAC submitted a paper to the DAC presenting private sector views on the mobilization of development finance. It emphasizes the creation of enabling environments for private investment, efficient use of donors’ development finance, and means to incentivize the use of credit guarantees that result in positive impacts on countries’ development. 

Full House ICC Conference Elucidates New EU Rules on Genetic Resources

4926_image002The International Chamber of Commerce (ICC) hosted a conference in Paris on November 24 and 25 which shed light on the new European Union (EU) regulation regarding Access and Benefit-sharing (ABS). ABS refers to the way in which genetic resources such as plant and animal products may be legally accessed, and how users and providers reach agreement on the fair sharing of the benefits that arise from the use of these products.

The United Nations Convention on Biological Diversity concluded the Nagoya Protocol in 2010, which provides an international framework for establishing national regimes on ABS.

Featuring a panel of high-level speakers representing government agencies and the private sector, ICC’s sold-out event brought together executives and policymakers to discuss how the new regulation affects their daily operations. The two-day conference convened over 120 participants from 16 countries representing a wide variety of sectors including cosmetics, pharmaceuticals, biotechnology, plant and animal breeding, collections and museums, as well as government representatives.

“It is very important to get to know better the new EU regulation as it may affect any professional involved in the manufacturing, development and distribution of genetic resources,” said Alicja Kozlowska, ABS policy officer of the European Commission.“The conference was a unique opportunity to throw some light on the scope of the obligations flowing from the regulation.”

The first day of the event featured an overview of the new EU ABS regulation covering topics such as scope and due diligence requirements under national and international regimes.The second day featured a program of technical workshops on tools to facilitate compliance, as well as commercialization and transactions with customers and licensees inside and outside the EU. Afternoon sessions highlighted industry best practices with panelists who shared their best practices.

ICC played an active role coordinating business participation in the Nagoya Protocol negotiations and continues to coordinate business input in the process of national implementation of the protocol.

 

Alexis Mourre Nominated to Lead ICC’s International Court of Arbitration

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Alexis Mourre

The International Chamber of Commerce (ICC) Executive Board has recommended that Alexis Mourre be appointed to succeed John Beechey as President of the ICC International Court of Arbitration®. Mourre’s presidency will begin on July 1, 2015. The recommendation will be submitted to the ICC World Council for approval at its meeting in Turin, Italy in June 2015.

The International Court of Arbitration® is the world’s leading body for the resolution of international disputes by arbitration. Each year, numerous parties, arbitrators and lawyers from countries of every economic, political and social system are present in ICC arbitrations.

“It is for me a great honor and privilege to have been selected to succeed John Beechey,” said Mourre. “I warmly thank the Selection Committee, the ICC Executive Board and the ICC Chairmanship for their trust. I look forward to building on the successes of the outgoing presidency to continue improving the quality and efficiency of the services provided by the ICC International Court of Arbitration®.”

A vice president of the ICC Court, Mourre is a member of the Paris Bar and the founding partner of Castaldi Mourre & Partners, a leading boutique international arbitration and litigation practice. Mourre’s longstanding links with ICC also include service as a vice president of the ICC Institute of World Business Law.

The USCIB International Bookstore offers titles derived from the acclaimed work of the ICC’s commissions and institutions, including the International Court of Arbitration®.

Annual Award Dinner

USCIB Annual Dinner Banner 2015

 

Event Recap – A Great Night for World Trade

Thanks to everyone who came out to celebrate global trade and investment at our 2014 award gala in honor of World Trade Organization Director General Roberto Azevedo. If you missed the event – or if you were there and want to relive some of the highlights – here are links to some of the key moments and personalities in a great night for trade!

Read the Fall 2014 issue of “International Business,” USCIB’s ad journal for the award dinner.

 

HIGHLIGHTS

Last year was a watershed moment for global trade, as World Trade Organization members concluded a long-awaited global agreement on trade facilitation at their Bali Ministerial. USCIB honored the primary architect of the agreement, WTO Director General Roberto Azevêdo, at our 2014 International Leadership Award Dinner, held for the first time ever in our nation’s capital.

Director General Azevêdo is the first public-sector official to be honored with USCIB’s International Leadership Award, which recognizes outstanding contributions to world trade and investment and for improving the competitive climate for U.S. business. This year’s award gala coincides with a meeting in Washington, D.C. of the International Chamber of Commerce’s Executive Board, chaired by USCIB Chairman Terry McGraw, whose members will be among our special guests at the dinner gala.

The atmosphere was warm and celebratory at the Four Seasons on November 19 as over 240 guests congratulated Azevedo over cocktails and dinner. United States Trade Representative Michael Froman gave special remarks in which he commended USCIB for its support of President Obama’s ambitious trade agenda.

Five other officials joined Ambassador Froman, USCIB President and CEO Peter Robinson, and International Chamber of Commerce (ICC) and USCIB Chairman Terry McGraw in thanking Azevedo for breathing new life into the multilateral trade agenda, including director general of the International Labor Organization (ILO) Guy Ryder, Customs and Border Protection Commissioner Gil Kerlikowske, ICC Secretary General John Danilovich, BIAC (Business and Industry Advisory Committee to the OECD) Secretary General Bernhard Welschke and Rep. Peter Roskam (R-IL).

For information on our 2015 award gala, including sponsorship opportunities, please contact Abby Shapiro (ashapiro@uscib.org).

 

With many thanks to our sponsors for their generous support.

Leadership Partners:

Chevron Corporation

McGraw Hill Financial [now S&P Global]

PricewaterhouseCoopers International Limited

Roanoke Insurance Group, Inc.

Dinner Partners:

Deloitte Touche Tohmatsu Limited

Philip Morris International

Program Partners:

21st Century Fox

AT&T

Boomerang Carnets

Citigroup Inc.

The Coca-Cola Company

DuPont

ExxonMobil Corporation

McDonald’s Corporation

Oracle Corporation

Verizon Communications

Supporting Organization:

DISCUS

Recipients of the International Leadership Award

Established in 1980, USCIB’s International Leadership Award recognizes vision, international success and excellence in leadership in individuals and organizations that have made significant contributions to improving the global framework in which business operates.

2018Paul Polmon
Chief Executive Officer
Unilever
2017Ajay Banga
President and CEO
Mastercard
2015Randall L. Stephenson
Chairman and CEO
AT&T Inc.
2014Roberto Azevêdo
Director General
World Trade Organization
2013Frederick W. Smith
Chairman and CEO
FedEx Corporation
2012BIAC, the Business and Industry Advisory Committee to the OECD
2011Andrew N. Liveris
Chairman and CEO
The Dow Chemical Company
2010George Buckley
Chairman, President and CEO
3M Company
2009The International Chamber of Commerce
2008Muhtar Kent
President and Chief Executive Officer
The Coca-Cola Company
2007H. Fisk Johnson, Ph.D.
Chairman and Chief Executive Officer
S. C. Johnson & Sons, Inc.
2006Harold McGraw III
Chairman, President and Chief Executive Officer
The McGraw-Hill Companies
2005Lee R. Raymond
Chairman and Chief Executive Officer
Exxon Mobil Corporation
2004Jean-René Fourtou
Chairman and Chief Executive Officer
Vivendi Universal
2003Charles O. Holliday, Jr.
Chairman and Chief Executive Officer
DuPont
2002Richard D. McCormick
President
International Chamber of Commerce
2001Philip M. Condit
Chairman and Chief Executive Officer
The Boeing Company
2000George David
Chairman and Chief Executive Officer
United Technologies Corporation
1999Michael R. Bonsignore
Chief Executive Officer
Honeywell International Inc.
1998Abraham Katz
President
United States Council for International Business
1997Joseph T. Gorman
Chairman and Chief Executive Officer
TRW Inc.
1996Alex Trotman
Chairman and Chief Executive Officer
Ford Motor Company
1995Jerry R. Junkins
Chairman and Chief Executive Officer
Texas Instruments Incorporated
1994Lawrence A. Bossidy
Chairman and Chief Executive Officer
AlliedSignal Inc.
1993Dexter F. Baker
Chairman of the Board’s Executive Committee
Air Products and Chemicals, Inc.
1992Frank Popoff
Chairman and Chief Executive Officer
The Dow Chemical Company
1991Kay R. Whitmore
Chairman and Chief Executive Officer
Eastman Kodak Company
1990John S. Reed
Chairman and Chief Executive Officer
Citicorp/Citibank
1989John F. Akers
Chairman and Chief Executive Officer
IBM Corporation
1988David M. Roderick
Chairman and Chief Executive Officer
USX Corporation
1987Edson W. Spencer
Chairman of the Board
Honeywell, Inc.
1986James D. Robinson III
Chairman and Chief Executive Officer
American Express Company
1985John A. Young
President and Chief Executive Officer
Hewlett-Packard Company
1984Edmund T. Pratt, Jr.
Chairman and Chief Executive Officer
Pfizer Inc
1983David Rockefeller
Chairman and Chief Executive Officer
The Chase Manhattan Bank
1982Lee L. Morgan
Chairman and Chief Executive Officer
Caterpillar Tractor Co.
1981Irving S. Shapiro
Chairman and Chief Executive Officer
E.I. du Pont de Nemours and Company
1980Reginald H. Jones
Chairman and Chief Executive Officer
General Electric Company