Upcoming ICC Arbitration Events

The International Chamber of Commerce Court of Arbitration will be hosting two upcoming events in San Francisco and Washington DC.

ICC Institute Advanced Training on the Conduct of the Proceedings and Case Management

Location: San Francisco, CA

Description: This training is of an advanced level and will focus in depth on how the arbitrator should establish his or her authority over the parties throughout the proceedings, including hearings, and interact with his or her fellow-arbitrators. Attendees are supposed to already master the basics of ICC international commercial arbitration. The training will consist of presentations and interactive discussions using mock case scenarios designed to hone participants’ understanding of critical theoretical concepts while also emphasizing many practical aspects involved in conducting an international arbitration.

To register, please visit the registration website. Early Bird rate is available through March 31.

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

Registration is now open 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 and event details are available on this website.

USCIB’s Shaun Donnelly Educates US Government on BIAC-OECD

Shaun DonnellyThe State Department’s Bureau of Economic and Business (EB) Affairs organized a day-long training session February 15 for sixty U.S. Government officials from nearly twenty U.S. Government agencies on how to be an effective Delegate when representing the U.S. Government at OECD committee meetings and other sessions in Paris.  State invited USCIB Vice President Shaun Donnelly to represent business and broader “stakeholder” groups on a panel that also included representatives from OECD’s Washington Center as well as former OECD Secretariat and U.S. Mission staffers.

Shaun is a former U.S. Ambassador and senior economic policy official at State with long experience in a variety of OECD meetings.  He explained the role of the OECD’s three recognized “stakeholder” organizations, the Business and Industry Advisory Committee (BIAC), Trade Union Advisory Council (TUAC), and OECD Watch representing civil society groups.

Focusing on BIAC, Shaun explained BIAC’s extensive efforts to provide constructive, real-time input from its international business members across the broad swath of OECD’s committee and working groups.  Shaun emphasized USCIBs role as “the single US business voice in the BIAC and OECD process” and reminded the staff from around the USG of USCIB’s ability to connect them with the U.S. private sector and help advance U.S. interests in the OECD.

NAFTA Renegotiation an Opportunity to Modernize 20 Year-Old Agreement

North American Union, NAU concept on a gears, 3D renderingPresident Trump’s promise to rewrite the North American Free Trade Agreement is already rattling some companies and rippling across the Mexican economy. Growth in the country’s GDP is projected to slow to a crawl in 2017, according to the Wall Street Journal. Exports account for a third of the country’s economic activity, and some 80 percent of these go to the U.S.

Depending on how it is handled, renegotiating NAFTA could provide an opportunity to update the agreement, according to USCIB Senior Vice President Rob Mulligan. “There are aspects of NAFTA that could be improved, and provisions that could be added to address important economic changes over the last 20 years,” he observed. “But it would be critical to keep those provisions that have enabled U.S. companies to grow during that time as well.”

Mulligan said USCIB was canvassing several of its committees to see where NAFTA could be improved upon – and what “red lines” exist for companies in terms of rolling back or overturning certain key provisions in the landmark agreement.

NAFTA was the first U.S. trade agreement to include binding rules on labor and environmental protections – although these were included in a side agreement, and they have been incorporated into all U.S. trade agreements negotiated since. In addition, NAFTA included strong investor-state dispute settlement (ISDS) provisions – a key factor in gaining American business support for the agreement in light of a legacy of expropriations in Mexico and elsewhere.

A $127 annual boost to the U.S. economy

Eva Hampl, USCIB’s director of trade, investment and financial services, reports that a well-attended program last week hosted by the Washington International Trade Association included presentations on priorities for NAFTA renegotiation from USCIB member companies and others in the business community. Ralph Carter (FedEx), emphasized that Mexico and Canada are the United States’ second- and third-largest trading partners, and he cited a Peterson Institute study indicating that NAFTA brings the US $127 billion per year in additional income.

Carter said that FedEx wants to help modernize cross-border trade. Consider, he said, that it takes an average of 17 hours and three different drivers for a single truck to cross the U.S.-Mexico border. Or that the “de minimis” threshold for expedited, duty-free entry of goods stands at $800 for the United States, but  only $50 for Mexico and $15 for Canada — creating barriers for “just-in-time” delivery of many components. A more seamless border, Carter emphasized, does not mean a less secure border – both can be achieved through smart reform efforts.

Looking northward, President Trump and Canadian Prime Minister Justin Trudeau today agreed on the broad importance of U.S.-Canada commercial relations. “We recognize our profound shared economic interests, and will work tirelessly to provide growth and jobs for both countries,” the leaders said in a joint statement. “Canada is the most important foreign market for 35 U.S. states, and more than $2 billion in two-way trade flows across our shared border every day. Millions of American and Canadian middle-class jobs, including in the manufacturing sector, depend on our partnership. We affirm the importance of building on this existing strong foundation for trade and investment and further deepening our relationship, with the common goal of strengthening the middle class.”

USCIB Gears Up For APEC Meetings in Vietnam

The Asia-Pacific Economic Cooperation (APEC) continues to be a priority forum for USCIB as the region is key to accelerating regional economic integration as well as promoting balanced, inclusive, sustainable, innovative and secure growth. To aid private sector engagement, USCIB works with the U.S. APEC business coalition to meet with APEC officials and participate in APEC meetings throughout the year, culminating in the APEC CEO Summit, a meeting of CEOs and leaders from the APEC economies.

USCIB has compiled its annual priority issues and recommendations paper, which focuses on ICT, chemicals and customs, which can be found here. The paper will also be circulated by NCAPEC at the Executive Roundtable in advance of SOM I.

Megan Giblin, USCIB’s director of customs and trade facilitation will be attending the first APEC Senior Officials Meeting and related meetings (SOM I) in Nha Trang, Viet Nam, held February 18 – March 3. Giblin will participate in the Subcommittee on Customs Procedures meetings, under her role as co-chair for the Customs Virtual Working Group, the APEC Alliance for Supply Chain Connectivity (A2C2) meetings, and several Electronic Commerce Steering Group (ECGS) meetings.

Giblin will also continue advocacy work initiated in APEC 2016 related to WTO TFA. Giblin noted that “TFA implementation efforts, establishing and fostering relationships with Customs officials from APEC economies and identifying linkages to the work underway within the USCIB Customs and Trade Facilitation Committee are critical. USCIB is interested in securing tangible and measured outcomes tied to TFA articles for all member economies during Viet Nam’s host year.”

American Petroleum Institute (API), a USCIB member, will participate in the APEC Chemical Dialogue to continue supporting consistent implementation of the Globally Harmonised System of Classification and Labelling of Chemicals (GHS), which was created by the United Nations, across the Asia Pacific region. API encourages the Chemical Dialogue to build on the GHS capacity building event held at SOM III in Lima, Peru to promote efforts to reduce divergences in implementation of GHS. The Lima workshop ultimately agreed on several outcomes and recommendations for further work within the CD to build understanding of, and address divergences in. These recommendations include capacity building for UN GHS building blocks, capacity building regarding identification and classification of key products, determining best practices between different versions of GHS, and training on how adoption of the GHS in different sectors could result in various outcomes.

Several USCIB members will also be participating in the Electronic Commerce Steering Group (ECSG) and the Data Privacy Subgroup (DPS) meetings at SOM I. At the meetings, there will likely be continued promotion of APEC participation in the Cross-Border Privacy Rules System (CBPR), particularly further discussion about plans by South Korea, Singapore, Vietnam, Chinese Taipei, and other interested APEC economies to join the CBPR. There will be a continued review of the APEC Privacy Framework, aimed at improving and refining the framework, which is over a decade old. Importantly, the ECSG will consider a draft Strategic Plan to be tabled by the U.S. Government. The plan will outline four priorities: (1) promoting cross-border data flows; (2) enhancing SME competitiveness globally; (3) increasing connectivity of APEC economies; and (4) improving infrastructure through advanced technologies.

USCIB looks forward to working with members and NCAPEC at SOM I and throughout the year.

USCIB Partners With Ethical Corporation for Responsible Business Summit

USCIB is proud to partner with the Ethical Corporation in organizing the 5th Responsible Business Summit in NY. The Summit will take place March 27-28 at the Marriott Brooklyn Bridge. The 2017 conference brings the best, the most innovative and most inspiring brands in responsible business to New York. Click here to see the full agenda.

200+ attendees learn how to deliver purpose for commercial success, the environment and stakeholders.

What you will learn:

  • 3 tracks: In 2017, our aim is to ensure you deliver purpose in the most practical way with 90 minute workshops, live polling and over 15 case studies across 3 dedicated tracks: make the business case, influence culture and accelerating progress.
  • CEOs inspire agenda: in our most senior line-up to date, we have the largest number of CEOs, board members and government leaders sharing their responsible business strategy from North America’s most inspiring and innovative brands.
  • 200+ in attendance: If you are looking for one sustainability meeting to attend in 2017, #RBSNY will be sure to give you the most senior networking opportunity possible.

The conference is currently offering a discount of $100 if you register by March 3rd. Click here to register.

 

USCIB Customs Chair Jerry Cook Featured in American Shipper

USCIB’s Customs and Trade Facilitation Committee Chair and Vice President of Government and Trade Relations with Hanesbrands Jerry Cook has recently been featured in American Shipper, publishing a commentary on trade in 2017. Cook writes, “despite predictions that trade will have a diminished future, the reality will likely be much more intense for those managing international supply chains and are responsible for their customs and export compliance.” Cook cites the expectation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) entering into force as well as potential actions to reopen the North American Free Trade Agreement as forces that will promote growth in 2017.

Cook concludes with an optimistic tone writing that “it is an exciting time for the trade community. The standard is changing, and we can seize the opportunity to manage for success. We need to regain control of our future and work to build that future by upgrading the tools we use, as well as the norms by which we operate.”

Click here to read the rest of his commentary on the American Shipper website.

New Report Warns of High Counterfeiting and Piracy Costs

A new report from the International Chamber of Commerce’s BASCAP (Business Action to Stop Counterfeiting and Piracy) initiative and the International Trademark Association (INTA) details the spiraling cost of global intellectual property rights abuses.

The report, titled The Economic Impacts of Counterfeiting and Piracy, estimates that the global economic value of counterfeiting and piracy can reach $2.3 trillion by 2022. Additional costs on social and economic impacts of displaced economic activity, investment and public fiscal losses and criminal enforcement is estimated at $1.9 trillion by 2022.

This report builds on a 2016 report published by the Organization for Economic Cooperation and Development and the European Union Intellectual Property Office, which estimated the value of international trade in counterfeit and pirated products at $461 billion in 2013, approximately 2.5% of all international trade.

“The Frontier report picks up where the OECD/EUIPO left off,” said BASCAP Director Jeffrey Hardy. “Here we have expanded the scope of the work to examine categories of impacts identified and discussed – but not quantified – by the OECD/EUIPO report. Our objective is to capture the full spectrum of economic harm associated with counterfeiting and piracy.”

The report was launched on February 6 in Hong Kong during INTA’s 2017 Anti-counterfeiting Conference.

Read more on the ICC website.

IOE Update: Future of Work Report, IOE Global Employers’ Summit

The Future of Work Report

The International Organization of Employers (IOE) has recently published a report on the Future of Work, which presents perspectives on labor market fluctuations in job creation and transformation, technological change and new skills, changes in business models and ways or working, as well as challenges and opportunities in policy-making.  This Report is one of the IOE work products that will inform the B20 Employment and Education Task Force that is co-chaired by USCIB CEO and President Peter Robinson.

The Report states that “institutions will need to be much more ambitious in providing enhanced access to lifelong learning and educational opportunities. To inform investment decisions on education and skills, as well as to inform individual career choices in an ongoing challenging environment, it will be essential to rely on more real-time, finely-tuned, holistic and dynamic data.”

An Executive Summary is available here.

IOE Global Employers’ Summit

Save the date for the second annual IOE Global Employers’ Summit scheduled to take place on May 17 in Bad Neuenahr, Germany. Please contact Linda Kromjong for additional details.

The Summit is organised back-to-back with the G20 Labor Ministerial on May 18-19 in Bad Neuenahr and will bring together high-level representatives from global companies, international organizations, employers’ organizations and institutions, to explore key areas of interest for business in the G20 process, including the economic implications of Brexit, the 2016 U.S. election result, making global supply chains more sustainable, bringing more women and youth into employment, and much more.

The event will conclude with a joint IOE-BDA-ITUC-TUAC-Deloitte dinner with G20 Labour Ministers, which will allow for an informal exchange with Ministers and key policy actors on policy developments and trends.

USCIB in the News: Joint Letter Seeks Fair Play in India

USCIB has recently been cited in two articles, the Economic Times India and the International Business Times India,  both of which featured a multi-industry letter that was sent to Congress regarding the United States’ role in ensuring fair play in India for American companies. USCIB joined a group of over twenty eminent American business organizations and industry groups, many of which are also USCIB members. The letter stated that “businesses in the U.S. continue to face an evolving array of tariff and non-tariff barriers, both longstanding and new, which impede businesses and manufactures in the United States from competing fairly in India and creating jobs here at home.”

The letter urges the U.S. government, including Congress, to use all available channels to ensure fair play and to support Indian efforts that align with U.S. goals. The letter emphasized the need to actively use existing as well as new platforms and tools to raise and resolve longstanding issues, including the U.S.-India Strategic and Commercial Dialogue, the U.S.-India Trade Policy Forum, and the WTO dispute settlement.

The letter is available here.

Washington Update: December 2016 – January 2017

During the months of December 2016 – January 2017, USCIB Staff met with Everett Eissenstat of the Senate Finance Committee, Elif Eroglu of U.S. CBP, released a U.S. Competitiveness Agenda for 2017, contributed to B20 Task Forces on Trade and Digitalization Policy, participated in BIAC Tax meetings in China, facilitated a Dialogue on U.S.-China Cybersecurity, and much more. Below are summaries of these and other highlights from the activities of USCIB in Washington, D.C. over the last two months. If you have any questions or comments, or want more information on a specific topic, please contact any of the staff members listed at the end of this brief.

Table of Contents:

  1. Trade and Investment – Opening Global Markets for Trade and Investment
  1. ICT Policy – Promoting Sound Policies for New Technologies
  1. Tax – Advancing Tax Policies that Promote U.S. Competitiveness
  1. Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices
  1. Corporate Responsibility – Developing Standards and Principles, Increasing Awareness of Positive Business Impact
  1. China – Supporting Policies and Relationships that Enhance U.S.-China Business
  1. Environment – Promoting appropriate environmental protection and energy security integrated with open trade, investment and economic growth.
  1. Membership
  1. Upcoming Events
  1. Staff List

Trade and Investment – Opening Global Markets for Trade and Investment 

  • USCIB Trade and Investment Committee Meets with Everett Eissenstat, Senate Finance: On December 8, 2016, at the Citigroup offices in Washington, D.C., the USCIB Trade and Investment Committee met with Everett Eissenstat, Chief International Trade Counsel for the Senate Finance Committee. Everett provided an off-the-record briefing on his expectations for the Senate trade work in 2017, after which members posed questions on NAFTA, China, the WTO, and the necessity of protecting our gains from existing trade agreements and policies. Before hearing from Everett, members exchanged views on the draft USCIB America Competitiveness Agenda 2017 and suggested several edits to the document. Other topics discussed at the meeting included reports out from the BIAC and OECD Trade and Investment Committee meetings, the ICC Trade Committee meeting in Geneva at the end of September, and the latest draft recommendations from the Germany B20 Trade and Investment Task Force.
  • USCIB American Competitiveness Agenda 2017 Outlines Priorities for New Administration: On January 23, 2017, USCIB released its American Competitiveness Agenda 2017, which stresses the importance of U.S. engagement and leadership in creating and enforcing rules for international trade and investment. Essential to U.S. leadership will be continuing to work with our global partners on trade and investment agreements that will establish a level playing field for U.S. business while ensuring that open trade and investment delivers the widest benefit to the most people here at home. It sets out a Seven-Point Plan to serve as a framework for continuing to open markets and improve U.S. competitiveness.
  • USCIB Meets with Dawn Shackleford, USTR, on WTO and OECD 2017 Work: On January 24, 2017, Rob Mulligan, USCIB Senior Vice President Policy and Government Affairs, Shaun Donnelly, Vice President for Investment and Financial Services, and Eva Hampl, Director for Investment, Trade and Financial Services, met with Dawn Shackleford who has recently taken on the role of Assistant U.S. Trade Representative for WTO and Multilateral Affairs. We discussed likely areas for the WTO to develop in 2017 and what might be expected at the Ministerial in Argentina, including the state of play on digital trade/e-commerce work. We also discussed preparation for the OECD Trade Committee meeting in April including the latest developments on Colombia accession and ongoing member issues with certain Colombia government policies.
  • Several USCIB Members Participate in ICC Brexit Advisory Group: The International Chamber of Commerce (ICC) has established a Brexit Advisory Group under the leadership of ICC UK that will provide an international business perspective to the UK and EU governments as they move forward with the Brexit process. The Advisory Group will include representatives from a wide range of ICC national committees including Rob Mulligan for USCIB and several USCIB member company representatives: Greg Walters (3M), Dorothy Dwoskin (Microsoft), Jeremy Priess (UTC), and David Williams (Deloitte). The initial call of the group was held on January 24, 2017 to reach agreement on the scope and terms of reference for the group.
  • USCIB Participating in CFR Brexit Roundtable: Shaun Donnelly, a former Assistant USTR for Europe with long experience on U.S.-EU issues, participated in a January 18 small informal roundtable at the Council on Foreign Relations on “Brexit”, the UK’s exit from the European Union. A senior British Government official speaking off-the-record, focused on Prime Minister May’s recent speech on Brexit. Participants, including from USTR, debated the challenges and opportunities Brexit may provide the UK, EU and U.S. Governments as well as businesses around the world. More questions than answers at this stage.
  • USCIB Represents Business at EGA Ministerial: Representing the Coalition for Green Trade, Eva Hampl, Director, Investment, Trade and Financial Services was on the ground in Geneva for the final round of negotiations and Ministerial for an Environmental Goods Agreement (EGA), which took place on December 3 and 4, 2016. Leading up to the Ministerial, the Coalition hosted a well-attended reception for negotiators at the World Trade Organization (WTO) on December 1. Hampl, together with other Coalition members, met with various negotiating delegations, as well as repeated meetings with Ambassador Punke and U.S. negotiators throughout the week and the Ministerial. Despite great efforts by U.S. negotiators as well as many other negotiating delegations, the negotiations eventually broke down on Sunday, December 4, resulting in a statement issued by the U.S. and the EU, who were the Ministerial co-chairs. The Coalition issued a press release expressing disappointment with the outcome. Following the Ministerial, USCIB hosted Jennifer Prescott, Assistant USTR for Environment and Natural Resources and Bill McElnea, USTR Director for Environment and Natural Resources, at our offices on December 13, 2016 on behalf of the Coalition to provide a readout of the round and the Ministerial, as well as discuss next steps, particularly in light of the incoming Administration. The Coalition remains active, however no further rounds of negotiations have been scheduled for the EGA at this time.
  • Strengthening USCIB Links with State’s IO Bureau: In the past six weeks USCIB has reached out to the two key offices in the State Department’s Bureau of International Organization Affairs (IO) to strengthen our links with U.S. policy makers on key UN agencies. In early December, a USCIB team of SVP Rob Mulligan, and VPs Norine Kennedy, Shaun Donnelly, and Helen Medina met with leadership of State IO’s Office of Economic and Development Affairs (EI/EDA) which manages U.S. participation in organizations like the World Health Organization (WHO), the International Labor Organization), UNCTAD, and the Rome-based UN Food Agencies FAO and WFP. IO/EDA also coordinates much of the U.S. Government for on the Sustainable Development Goals (SDGs). Some of these organizations seem to work pretty well but WHO is particularly troubling given its distinctly anti-business bias.
  • Mulligan, Donnelly, and Wanner Meet with State Dept. IO/STA Leadership: In mid-January, Rob and Shaun plus USCIB Vice President for ICT Policy Barbara Wanner went back to State to meet with the leadership of IO’S Office of Specialized and Technical Agencies (IO/STA) which coordinates U.S. participation with other international organizations from the International Telecommunications Union (ITU) and Internet Governance Forum to the UN Environment Program (UNEP), UN Framework Convention on Climate Change (UNFCCC), Universal Postal Union (UPU), and World Intellectual Property Organization (WIPO). With our unique status (through the International Chamber of Commerce) in the UN system and long experience with key UN agencies, we at USCIB want to be able to help members solve problems and even use key international organizations to advance important interests. Links with key policy makers at State and in other USG agencies are key tools for those efforts.
  • USCIB Member Companies Honored by State Department: On January 5, 2017, two leading USCIB member companies, General Electric and McDonald’s, were honored with the Department of State’s prestigious Award for Corporate Excellence (ACE) for exceptional proactive corporate responsibility programs overseas. (Then) Deputy Secretary of State Tony Blinken presented GE for an award for “Inclusive Hiring Practices” for co-founding the country’s first all-women business services center, which now employs over 1,000 Saudi and non-Saudi women. McDonald’s Deutschland was honored for its leadership supporting refugees’ integration into Germany’s society and workforce. Since 2015, McDonald’s Deutschland has employed over 900 refugees across the country. The company also provided over 20,000 online German Language learning course licenses to help refugees prepare for the workforce in Germany. USCIB VP Shaun Donnelly, a former U.S. Ambassador and senior State Department economic policy official represented USCIB at the ACE ceremony.

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ICT Policy – Promoting Sound Policies for New Technologies

  • USCIB Members Address Gender Issues, Demand-Side Capacity at Internet Governance Forum (IGF): USCIB members from 21st Century Fox, Amazon, AT&T, BT Americas, Facebook, Google, Microsoft, Oracle, The Walt Disney Company, TMG Legal, VeriSign, Verizon, and Wiley Rein, among others, participated as moderators and panelists in plenary sessions and workshops at the 11th IGF, December 6-9, 2016, Guadalajara, Mexico. USCIB co-organized workshops that addressed (1) bridging the gender digital divide by 2020 and (2) building demand-side capacity to spur Internet deployment. Barbara Wanner moderated the first workshop, which featured USCIB Members Hibah Kamal-Grayson (Google), Carolyn Nguyen (Microsoft), and Jackie Ruff (Verizon). They discussed what their companies are doing to bridge the gender digital divide by improving digital literacy and ICT-related professional opportunities for women. Ellen Blackler, The Walt Disney Company, moderated the second workshop, which looked broadly at efforts by business, civil society, and the creative community to create locally relevant content and considered challenges they face.
  • NTIA Officials Debrief USCIB Members on ICANN 57 and Governmental Advisory Committee (GAC) Developments: On December 13, 2016, Ashley Heineman and Ryan Carroll, both with the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) and U.S. Representatives on ICANN’s Governmental Advisory Committee (GAC), debriefed ICT Policy Committee members on latest developments in ICANN stemming from its 57th annual meeting in Hyderabad, India, November 3-9, 2016. They noted that this was the historical first meeting following the transition of oversight of the Internet Assigned Numbers Authority (IANA) from NTIA to the multistakeholder Internet community. Heineman and Carroll also offered insights into some challenging topics on the GAC agenda, which included the role of the GAC in ICANN’s post-NTIA Empowered Community. The U. S. Government favored an advisory role, but countries such as Brazil and France advocated for more active involvement; there was no consensus and consultations will continue. Chris Wilson (21st Century Fox), who chairs ICANN’s Business Constituency, noted that two of the nine subgroups focused on issues aimed at enhancing ICANN’s accountability to the global stakeholder community are on track to complete their drafts by ICANN 58, March 11-16, 2017.
  • USCIB Participates in Special Briefing by USTR Digital Trade Working Group: On January 12, 2017 USCIB joined other industry groups and member company representatives at a special briefing by USTR to update the business community on the work of the USTR’s Digital Trade Working Group. Deputy USTR Robert Holleyman, who convened the meeting, reviewed the key work of the group since its inception and USTR staff highlighted key activities in APEC, China, G20, WTO and in trade negotiations. Holleyman noted USTR’s request to the U.S. International Trade Commission (ITC) to conduct three investigations that would update the ITC’s two recent reports on digital trade: (1) a description of recent developments in the markets for business-to-business (B2B) and business-to-consumer (B2C) digital technologies and services; (2) a qualitative and (if possible) quantitative analysis of measures in key foreign markets that affect the ability of U.S. firms to develop or supply B2B digital services and products abroad; and (3) a qualitative and (if possible) quantitative analysis of measures in key foreign markets that affect the ability of U.S. firms to develop or supply B2C digital products and services abroad. Holleyman said it would to the incoming Trump Administration to determine how to move this work forward.
  • USCIB Continues to Shape B20 Task Force on Digitalization Policy Recommendations: During December 2016 and January 2017, USCIB members continued to provide important inputs that shaped development of the 1st and 2nd drafts of the B20 Digitalization Taskforce policy paper. The topics around which these recommendations will be developed include: (1) global connectivity; (2) Industry 4.0, which refers to policies aimed at increasing the use of digital technologies to boost innovation, growth, and productivity in manufacturing and related services; and (3) Artificial Intelligence (AI). Importantly, USCIB member inputs helped to broaden the focus of the second topic – Industry 4.0 – to also include the Industrial Internet. In addition, B20 Germany accepted member edits and comments encouraging broader dialogues on how AI can be shaped to maximize its potential at its current nascent stage of development and broad industry deployment, rather than begin with the assumption that AI needs to be regulated. Finally, USCIB members were able to realize important textual changes to potentially problematic privacy-related elements of the 2nd draft.

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Tax – Advancing Tax Policies that Promote U.S. Competitiveness

  • USCIB Tax Leadership Joins BIAC Meetings with Chinese Government: USCIB Tax Committee Chair and BIAC Vice Chair Bill Sample joined BIAC Tax Committee Chair Will Morris and other Business Tax Bureau Members (including USCIB International Tax Counsel and BIAC Vice Chair Carol Doran Klein) in Beijing in January to meet with Chinese government authorities on issues related to implementation of BEPS project guidance. This was BIAC’s fourth trip to China, with the objective to ensure a constructive dialogue on BEPS-related issues and also in the broader context of tax and foreign direct investment.
  • Brian Jenn, U.S. Treasury, meets with USCIB Tax Committee: USCIB held a Tax Committee meeting on January 25, 2016. Brian Jenn, Attorney-Advisor at the U.S. Treasury, presented remarks and answered questions concerning the OECD’s work on profit attribution to PEs, profit splits and the impact of the transition on developing international tax policy at Treasury. Ray Beeman, Washington Council-EY provided an overview on tax reform. The Committee also discussed ongoing work at the UN on the taxation of royalties.

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Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices 

  • Committee Members Engage Commerce and USTR on Latin America, Mexico, IT Products: Megan Giblin, USCIB Director for Customs and Trade Facilitation, with members of the Customs Committee, met with representatives from the Department of Commerce, Latin America and Mexico desk and USTR Textiles, Customs, and Mexico desk to discuss the USCIB Customs Committee Mexico Issues paper, which covers a wide array of customs and trade facilitation concerns that members are experiencing. USCIB members also participated in a USTR led meeting on the Expansion of Trade in IT Products and next steps. This meeting was led by USTRs Jim Sanford, and attended by company representatives as well as representatives from other engaged industry associations.
  • Customs and Trade Facilitation Committee Briefed by Elif Eroglu: The Customs & Trade Facilitation Committee welcomed Elif Eroglu, the U.S. delegate to the World Customs Organization (WCO) Technical Committee on Customs Valuation (TCCV) at its January 12, 2017 meeting. Elif gave a debrief of the recent TCCV meeting, outcomes, and open items. These inputs were supplemented by several USCIB Customs Committee members, who represent industry as authorized delegates under the ICC to the WCO TCCV. Following the Committee meeting, in person participants headed to CBP offices for a farewell open house for Maria Luisa Boyce, an appointee, who served as the Senior Advisor for Private Sector Engagement at CBP.
  • Giblin Participates in Q4 COAC Meeting: Megan Giblin attended the Q4 COAC meeting held in Washington, D.C., where amended COAC recommendations originating from the Working Group on Forced Labor were announced. The COAC Working Group on Forced Labor is expected to continue, and CBP is expected to respond to the recommendations approved by the COAC at the next quarterly meeting. Forced Labor remains a priority issue for USCIB, specifically the Customs Committee, CSR and Labor Committees. USCIBs Megan Giblin and Ariel Meyerstein are leading engagement on this topic.
  • USCIB Provides Support in Resolving Member WTO Tariff Issue: Megan Giblin provided technical support necessary to resolve a tariff treatment issue resulting from the U.S.’ first round of World Trade Organization (WTO) Information Technology Agreement (ITA) Expansion Commitments implemented in July 2016. Giblin developed technical facts and arguments, engaged relevant government agencies, and secured a fix for USCIB members in a recent Presidential Proclamation, which restored the duty-free treatment to e-readers with a translation or dictionary function. From July 1, 2016 – December 2, 2016, these e-readers were being subject to a 1.9 percent duty rate vs. a 0 percent general rate of duty. Moreover, not only was the 0 percent general rate of duty restored to these products, but the PP included a means to recover duties paid between July and December 2016. Such a win has a significant impact to a company’s bottom-line. For example, some members have paid in excess of USD $1.5M duties during this timeframe, which they will now be able to recover from U.S. CBP.

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Corporate Responsibility – Developing Standards and Principles, Increasing Awareness of Positive Business Impact

  • Stakeholder Advisory Board Meeting for U.S. National Contact Point: On December 12, 2016, Ariel Meyerstein, USCIB’s Vice President of Labor Standards, Corporate Responsibility and Governance participated in a meeting as a member of the multi-stakeholder Stakeholder Advisory Board to the U.S. National Contact Point (USNCP) for the implementation of the OECD Guidelines for Multinational Enterprises. The SAB includes representatives from companies, unions and academia. The meeting focused on governance and future work of the Stakeholder Advisory Board and the continued development of the National Contact Point system, including the commitment by the U.S. government to submit its NCP to peer-review by fall 2017 in accordance with its commitment in the 2015 G7 Leaders Declaration.
  • Meyerstein Addresses Multi-Stakeholder Discussion on U.S. NAP RBC: At an event on January 12, 2017 titled “The U.S. National Action Plan on Responsible Business Conduct: Reflections on the Way Here and the Road Ahead” USCIB’s Ariel Meyerstein spoke at a multi-stakeholder discussion on the U.S. National Action Plan. The event took place at the Washington College of Law in Washington D.C., and brought together representatives from U.S. government, business, academia, civil society, labor and community stakeholders. The participants reflected on the development of the U.S. NAP as well as its current substance, discussed future implementation processes, and the role of stakeholders in ensuring implementation and accountability. Other speakers included Eric Biel, former Deputy Undersecretary for International Affairs, U.S. Department of Labor, Cathy Feingold, Director, International Department AFL-CIO, and Katie Shay, Legal Counsel at Yahoo!

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China – Supporting Policies and Relationships that Enhance U.S.-China Business

  • USCIB Facilitates Dialogue on US-China Cybersecurity: On December 16, 2016, USCIB facilitated an off-the-record dialogue with U.S. Government officials on the topic of U.S.-China cybersecurity in Washington D.C. 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, moderated by Hampl, which was discussed by Jonathan McHale, Deputy Assistant USTR for Telecommunications and Electronic Commerce Policy, and Christopher Wong, International Trade Specialist, Office of China and Mongolia, Department of Commerce.

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Health – Business Engagement for Balanced International Health and Nutrition Regulations

  • USCIB’s Food & Agriculture Working Group Engages with U.S. Government Representatives on Global Nutrition Issues: On January 12, 2017, USCIB members connected with three U.S. Government representatives from the U.S. Department of Agriculture and the U.S. Department of State: Caitlin Blair (USDA), Elle O’Flaherty (USDA), and John Tuminaro (State Department). The purpose of the meeting was to give USCIB members the opportunity to share their priorities for the Committee on World Food Security (CFS) activities and hear about U.S. government engagement at the CFS. The U.S. government officials agreed to work with USCIB in the future as the U.S. continues to develop its agenda for CFS this year.

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Environment – Promoting appropriate environmental protection and energy security integrated with open trade, investment and economic growth

  • Environment Committee Develops Priority Recommendations on International Environmental Policy for Trump Administration: USCIB’s Environment Committee met at Beveridge & Diamond on December 15, 2016 in Washington D.C. to discuss the potential implications of the New Administration on international environmental policy impacting U.S. companies. The Committee welcomed Sue Biniaz, Senior Legal Advisor for Climate Change, U.S. Department of State Department and the Honorable James Bacchus, Greenberg Traurig and Chair of the ICC Trade and Investment Commission who offered their perspectives and experience on long-term multilateral negotiations. The meeting discussed the future U.S. role in the Paris Climate Agreement, steps to avoid trade barriers while advancing climate policy and opportunities to improve access and accountability in UN bodies for the U.S. private sector. USCIB will finalize its overall messages to the Trump Administration in coming weeks, and develop a list of key near term actions for the Administration’s consideration.
  • SDG Working Group Plans Business Roundtable Meetings on Infrastructure and Innovation, Hears from Lena Gerber of the U.S. Department of State: USCIB’s Sustainable Development Goals (SDG) Working Group will organize two roundtable events to discuss enabling frameworks for infrastructure and innovation as they each relate to the SDGs. These roundtable events will present examples of business action to promote and track infrastructure/innovation investments for the SDGs, and highlight new opportunities for cross-sectoral business partnerships to implement and advance the UN’s 2030 Agenda for Sustainable Development. The roundtable events will be planned to coincide with relevant events where target audiences of government and UN officials will be on hand, for example, the Financing for Development Infrastructure Forum, April 22, 2017 in D.C. and the 2nd UN Science Technology and Innovation Forum on May 15-16, 2017 in New York. USCIB’s SDG Working Group conference call on January 17, 2017 featured a discussion with guest speaker Lena Gerber of the U.S. Department of State who presented U.S. government goals and engagement in SDG meetings in 2017. The call updated members on recent developments in metrics and indicators for the UN SDGs and the 2030 Agenda and identified new opportunities for consultation with the Administration.

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Membership

  • Membership Meetings: The Washington, D.C. membership department and policy staff met with representatives from member companies Viacom, PvH and Pepsi to develop our understanding of their policy priorities for the next year and beyond, and to see how USCIB can better serve their policy needs.
  • New Members: USCIB has recently welcomed Applied Materials and Dechert LLP as new members.

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Upcoming Events:

APEC Electronic Commerce Steering Group, Nha Trang, Vietnam – February 22-25

BIAC and OECD Investment Committees, Paris, France – March 6-8

USCIB Trade and Investment Committee Meeting, Washington, D.C. – March 7

USCIB/BIAC/OECD Digital Economy Conference, “Facilitating Digital Transformation: The Enabling Role of the OECD”, Washington, D.C. – March 8

ICT Policy Committee Meeting and Joint BIAC/USCIB Committee on

 Digital Economy Policy Meeting, Washington, D.C. – March 9

ICANN 58, Copenhagen, Denmark – March 11-16

B20 Joint Taskforce/Cross-Thematic Group Meeting, Paris, France – March 21

ICC Digital Economy Commission (ICC-DEC) Meeting, New Delhi, India – April 4-5

B20 Task Force on Digitalization & G20 ICT Ministerial, Dusseldorf, Germany – April 5-7

BIAC and OECD Trade Committees, Paris, France – April 25-27

B20 Summit, Berlin, Germany – May 2

USCIB/OECD/BIAC 2017 International Tax Conference, Washington, D.C. – June 5-6

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USCIB Policy and Program Staff

Rob Mulligan
Senior Vice President, Policy and Government Affairs
202-682-7375 or rmulligan@uscib.org

Erin Breitenbucher
Senior Policy and Program Associate and Office Manager, Washington
202-682-7465 or ebreitenbucher@uscib.org

Elizabeth Kim
Policy and Program Assistant, New York
212-703-5095 or ekim@uscib.org

Shaun Donnelly
Vice President, Investment and Financial Services
202-682-1221 or sdonnelly@uscib.org

Carol Doran Klein
Vice President and International Tax Counsel
202-682-7376 or cdklein@uscib.org

Megan Giblin
Director, Customs and Trade Facilitation
202-371-9235 or mgiblin@uscib.org

Mia Lauter
Policy and Program Assistant, New York
212-703-5082 or mlauter@uscib.org

Ronnie Goldberg
Senior Counsel
212-703-5057 or rgoldberg@uscib.org

Ariel Meyerstein
Vice President, Labor Affairs, Corporate Responsibility & Corporate Governance
212-703-5056 or ameyerstein@uscib.org

Eva Hampl
Director, Investment, Trade and Financial Services
202-682-0051 or ehampl@uscib.org

Chris Olsen
Policy and Program Assistant, Washington
202-617-3156 or colsen@uscib.org

Alison Hoiem
Senior Director, Member Services
202-682-1291 or ahoiem@uscib.org

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Jonathan Huneke
Vice President, Communications and Public Affairs
212-703-5043 or jhuneke@uscib.org

Kira Yevtukhova
Communications Manager
202-617-3160 or kyevtukhova@uscib.org

Norine Kennedy
Vice President, Strategic International Engagement, Energy and Environment
212-703-5052 or nkennedy@uscib.org

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