Global Competition Policy in the Spotlight at Joint ICC/USCIB Meeting

L-R: The FTC’s Bruce Hoffman (center) with (L-R) Jennifer Patterson (Arnold & Porter), Dina Kallay (Ericsson), Eva Hampl (USCIB) and Patrick Hubert (Orrick Rambaud Martel)

On September 5, against the backdrop of fast-changing business and policy practices with respect to antitrust and consumer protection, the USCIB Competition Committee held a joint meeting with the International Chamber of Commerce (ICC) Competition Commission at Arnold & Porter Kaye Scholer LLP’s offices in New York. The meeting took place in conjunction with the 45th Annual Fordham Conference on International Antitrust Law (September 6-7). Participants in the joint ICC/USCIB meeting represented many jurisdictions, including Brazil, France, Germany, Mexico, Poland, the United Kingdom and the United States.

The keynote speaker was Bruce Hoffman, director of the Bureau of Competition at the U.S. Federal Trade Commission (FTC). Hoffman discussed the latest developments of antitrust policy with USCIB members, including for competition policy litigation and enforcement in the U.S., as well as upcoming FTC hearings, beginning next week in Washington, D.C., on the state of competition law and policy.

USCIB Competition Committee Chair Dina Kallay (Ericsson) referred to the FTC’s effort – which will look at the 21st-century landscape for competition, market concentration, consumer data,  vertical mergers and other topics – as “the mother of all hearings.” Kallay and USCIB Competition Committee Vice Chair Jennifer Patterson (Arnold & Porter) led participants through an agenda that included updates on issues including mergers, due process, cartels, the International Competition Network (ICN), and the Multilateral Framework on Procedures, on which USCIB and ICC recently submitted a joint statement.

USCIB, USTR Discuss World Trade Organization Updates

L-R: Rob Mulligan (USCIB), Chris Wilson (USTR)
Meeting was an opportunity to receive WTO updates and to raise questions regarding U.S. government negotiations or initiatives in Geneva.
USTR highlighted areas that the U.S. delegation is working on, such as over-fishing and e-commerce.

 

Members of USCIB’s Trade and Investment Committee sat down with Chris Wilson, deputy chief of mission at USTR’s Geneva office, on August 30 in Washington DC. The meeting was a timely opportunity for USCIB to receive the latest developments at the World Trade Organization (WTO) and to raise questions regarding specific U.S. government negotiations or initiatives underway in Geneva.

Wilson highlighted some of the areas that the U.S. delegation is “actively and constructively” working on with the WTO, such as multilateral negotiations to develop new disciplines with respect to subsidies that contribute to over-fishing and an emerging plurilateral initiative on e-commerce.  Wilson also outlined some of the areas the U.S. sees as needing reform in the WTO, including concerns with the Appellate Body.

“As trade disruptions over the past year have escalated, more USCIB members have raised concerns about the potential impact on the WTO and how business can help move forward reforms at the WTO,” said USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan. “Our discussion with Chris helped clarify U.S. government views and informed us, as well as our members, of possible steps to take.”

 

USCIB Expresses Dismay at Uncertainty Over NAFTA

Washington, D.C., August 31, 2018 – The United States Council for International Business, which represents America’s most successful global companies, released the following statement regarding today’s announcement on modernization of the North American Free Trade Agreement:

USCIB has consistently stated that any NAFTA modernization must include all three countries. We are therefore disappointed to see the Administration notifying Congress of the conclusion of a trade agreement with Mexico that does not include Canada. As we and others in the business community – as well as other stakeholders and many in the Congress – have expressed on numerous occasions, the value of NAFTA is in its trilateral nature. The indication that Canada is an optional participant is extremely discouraging. We urge the Administration to pursue a final, modernized, comprehensive and high-standard NAFTA that includes Mexico as well as Canada, providing new and updated benefits to American businesses and workers.

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of several leading global business bodies, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org

USCIB Statement on Announcement of U.S.-Mexico Trade Deal

Washington, D.C., August 27, 2018 – The United States Council for International Business (USCIB), which represents America’s most successful global companies, released the following statement on the U.S.-Mexico trade deal announced today:

“USCIB is encouraged that the Trump Administration and Mexico have reached an agreement in principle to modernize NAFTA. Updating the 25-year-old agreement has been a priority for the U.S. business community. We look forward to seeing the details of the agreement and if they effectively address our members’ key issues and concerns. In this regard, we are troubled by indications that certain investor protections have been removed or reserved only for specific sectors.

“More broadly, we hope that an agreement on NAFTA signals a redirection of U.S. trade policy – away from confrontation and toward cooperative efforts to open markets abroad. Our members, and the American economy, prosper when we are tearing down barriers to cross-border trade and investment, not erecting new ones.

“We and our members are also very committed to the fundamental structure of NAFTA as a single trilateral agreement. We are looking forward to a completed, comprehensive, trilateral NAFTA modernization that addresses all of our issues and includes Canada.

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP Communications
+1 212.703.5043 or jhuneke@uscib.org

USCIB Welcomes New CFO: Declan Daly

Declan Daly

Declan Daly joined USCIB in mid-August as Senior Vice President and CFO, succeeding Dave Murphy. Daly also serves in a COO capacity, overseeing ATA Carnet and Trade Services and IT.

Prior to USCIB, Daly was with CSI Sports, an international multimedia company operating in over 40 countries, where he was VP of Finance and Operations. Prior to that, he was CFO of Geptek/GTI, which consists of a Trading Group and an Environmental Service Group, serving various industries through a network of domestic and global suppliers, partners and service providers. Other positions included Director of Finance for the FW Dodge division of McGraw-Hill and Director of Finance and Business Manager for Simon & Schuster.

“We conducted a rigorous search and interview process and met with many qualified candidates to fill this role,” said USCIB President and CEO Peter Robinson. “In addition to his impressive professional experience and credentials, Declan stood out as being a good fit for USCIB’s culture, mission, staff, and management team, and I am confident that he will be an excellent addition to the USCIB organization.”

Daly, a CPA, earned an MBA as well as a BS in Accounting from Fairleigh Dickinson University—which brought him to the U.S. from Ireland on a four-year full Athletic Soccer Scholarship. Declan has continued his interest in the sport by serving as president of a youth soccer league in Glen Rock, New Jersey, where he and his family live.

USCIB Urges Nomination of Ombudsperson for Privacy Shield

U.S.-EU Privacy Shield Framework facilities trans-Atlantic data transfers and is essential to almost every U.S. industry.
Software contributes more than $1 trillion to the U.S. economy and supports more than 10 million U.S. jobs.

 

USCIB joined with BSA, The Software Alliance and other industry leaders in sending a multi-industry letter to U.S. Secretary of State Michael Pompeo on August 20 urging him to put forward a qualified candidate to serve as the Under Secretary for Economic Growth, Energy, and the Environment.

In addition to advocating for open markets and fair trade policies, the Under Secretary plays a critical role as Ombudsperson for the U.S.-EU Privacy Shield Framework, which facilities trans-Atlantic data transfers and is essential to almost every U.S. industry. Businesses must be able to move data freely around the world in order to realize the benefits of software, which contributes more than $1 trillion to the U.S. economy and supports more than 10 million U.S. jobs.

“Through your distinguished leadership, U.S. companies look to the Under Secretary to advocate open markets and fair trade policies and negotiate international agreements with economic impact,” states the letter.

Hampl Urges USTR to Remove Products from China Tariff List

Hampl expressed concern about consequences proposed tariffs are likely to have on sectors vital to the U.S. economy and jobs
The Administration is also considering increasing tariffs to 25 percent.

 

With a new set of proposed tariffs on $200 billion worth of Chinese imports, USCIB has been actively advocating on the effect these tariffs will have on the competitiveness of U.S. companies. USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl provided testimony to the 301 Committee chaired by the Office of the U.S. Trade Representative (USTR) on August 20, expressing concern about the potential unintended consequences these proposed tariffs of 10 percent are likely to have, affecting many sectors vital to the U.S. economy and jobs. The Administration is also considering increasing tariffs to 25 percent.

“If the USTR follows through on the President’s request to increase the level of the proposed tariffs to 25 percent on this broad list of products, the impact to U.S. competitiveness will be severe,” warned Hampl in her testimony. “USCIB strongly urges the Administration to consider the significant negative consequences to U.S. companies and American jobs before taking further action.”

Products that USCIB requested to be removed from the list of goods affected include parts in U.S.-made wind turbines, smart technology, goods using Bluetooth technology, standalone desktop computers, bicycles, patio furniture, electric lamps, travel goods, handbags, and many others. USCIB will submit written comments to USTR with further details on all the products that should be excluded.

“Many of the goods included in this new list are innovative products where the U.S. is an industry leader,” added Hampl. “Particularly for goods that are at the cutting edge of innovation and the future global economy, it is imperative for U.S. companies to remain highly competitive and innovative. Sweeping non-discriminatory tariffs will be very damaging, particularly if they are raised to 25 percent.”

With yet a new set of tariffs on China going into effect on August 23 on $16 billion worth of Chinese imports, USCIB has also been actively advocating that the U.S. Trade Representative’s (USTR) Section 301 exclusion process will remedy some of the potential negative consequences.

 

Remembering Kofi Annan, Who Forged Bonds With Business as UN Secretary General

USCIB President and CEO Peter Robinson with UN Secretary General Kofi Annan at USCIB’s 2003 award gala
  • The “consumate diplomat” made outreach to business a central part of his tenure
  • Annan showcased his inclusive approach in remarks at USCIB’s 2003 award gala

USCIB members and friends around the world were saddened by the passing of former United Nations Secretary General Kofi Annan, who died on August 18 at age 80. Annan’s two terms as head of the UN were marked by intense conflict – but also optimism about the world’s ability to overcome divisions and promote shared goals and values.

“Kofi Annan was a consummate diplomat and global statesman,” said USCIB President and CEO Peter M. Robinson. “We can honor his legacy by continuing to strive toward the goals he championed so passionately: peace, collective security, economic and social development, and a commitment to ensure that all oars are in the water, moving together toward a common future.”

Overlooked in some accounts of Annan’s legacy was recognition for his work in establishing strong bonds with the private sector, in support of the UN as an institution and in driving the world toward ambitious goals for economic and social betterment. He championed the Millennium Development Goals, and he urged the UN – which carried a legacy of sometimes severe criticism of the private sector – to work more closely with business.

Annan put these sentiments on display when he spoke at USCIB’s International Leadership Award Dinner in 2003, which honored Charles O. Holliday, Jr., then the chairman and CEO of DuPont, who used the occasion to make a strong pitch for business support of the UN Global Compact, Annan’s initiative to secure private-sector support to advance international human rights, environmental protection and related goals.

Speaking just a few months after the United States and its coalition partners invaded Iraq without a mandate from the UN Security Council, the secretary general declared that the UN was at “a fork in the road, with one path leading toward true revitalization and effectiveness, the other toward disappointment and despair.”

Annan urged the business community to stay engaged as the UN undertakes to reinvigorate its efforts to promote peace and stability around the world. “It would be unthinkable for the private sector not to be closely involved, both in policy-making discussions here at headquarters, and in projects on the ground,” he said.

Ellen Blackler of Disney Named to Chair USCIB’s ICT Policy Committee

Ellen Blackler, The Walt Disney Company

New York, N.Y., August 20, 2018 – The United States Council for International Business (USCIB), which represents American business in numerous global policy forums, has appointed Ellen Blackler, vice president of global public policy with The Walt Disney Company, as chair of its Information, Communications and Technology (ICT) Committee. As chair, Blackler will spearhead the organization’s development and delivery of business views on information technology and internet policy matters worldwide, working with companies and organizations from across USCIB’s diverse membership.

“Ellen Blackler brings in-depth knowledge of critical issues in international ICT policy and cross-border business,” said USCIB President and CEO Peter M. Robinson. “She has played a key role in forging consensus across industries to advance business views in the UN, the OECD and other important multilateral forums. Under Ellen’s stewardship of our ICT Committee, and with the ongoing support of USCIB Vice President Barbara Wanner, we look forward to fostering an even more active and constructive role for the private sector in global ICT policy discussions.”

Blackler manages public policy issues for Disney on a range of issues related to internet policy, human rights, privacy, and children and the media. Prior to joining Disney, Blackler worked for AT&T, where she oversaw policy development on privacy, broadband deployment and universal service, access to ICT for people with disabilities, health care and tax-related issues. Blackler previously served on the staff of the Federal Communications Commission, where she led the team drafting the FCC’s annual reports on the availability of broadband service, among other responsibilities, and in the New York State government.

USCIB’s ICT Committee advocates for policies characterized by free and fair competition, minimal government intervention and free information flows that ensure the continued growth of information and communication technologies in a range of strategic forums, including the UN, OECD, APEC and ICANN. In particular, it leverages USCIB’s overseas network of business groups, including the International Chamber of Commerce and Business at OECD, to secure strong industry representation and input to major multilateral discussions of ICT issues.

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, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP Communications, USCIB
+1 212.703.5043 or jhuneke@uscib.org

Donnelly Talks Trade and Diplomacy (and Soybeans) in Podcast Interview

Shaun Donnelly
The “American Diplomat” series seeks to give listeners greater appreciation of the work done by American diplomats and public servants.
Host Peter Romero leads Donnelly through an informal discussion of the nuts and bolts of trade negotiations.

 

USCIB Vice President Shaun Donnelly is featured in a recent interview on the podcast “American Diplomat” demystifying trade policy and negotiations for listeners outside the beltway. The “American Diplomat” series is supported by the American Academy of Diplomacy, which counts among its members both Donnelly and USCIB Vice Chair Thomas Niles, longtime U.S. diplomats who each achieved the ranks of ambassador and assistant secretary. It seeks to give listeners around the country greater appreciation of the work done by American diplomats and public servants – in this case trade negotiators – to advance America’s, and Americans’, interests.

In the podcast interview, host Peter Romero (a retired U.S. ambassador and assistant secretary of state for the Western Hemisphere) leads Shaun through an informal discussion of the nuts and bolts of trade negotiations, with soybeans arising often as an example how any specific products factor into broad trade policy.

Donnelly claims to have enjoyed the discussion. “Over the years, I’ve done a fair number of speeches, panels and interviews trying to help build public understanding and support for an aggressive, pro-engagement, pro-growth trade policy, and have not always succeeded,” he noted with a self-deprecating chuckle. “I found this more informal, extended conversation format with Peter and his colleague Laura Bennett allowed more opportunity to get behind the sound bite, the bumper sticker and the talking point. Trade remains a complex, controversial and politicized topic these days. All of us who believe in open trade and investment policies need to keep reaching out to help build public understanding and support for common sense trade policies. I hope this sort of podcasts can make a modest contribution to the public discourse on trade.”