ICC Releases Study on the Importance of WTO in Fostering Economic Growth and Development

The International Chamber of Commerce (ICC) has commissioned and released an independent study by Oxford Economics that demonstrates the vital importance of the World Trade Organization (WTO) in fostering global economic growth and development.

The study, titled ‘The Impact on Developing Economies of WTO Dissolution,’ highlights the dire consequences of abandoning the WTO, particularly in developing countries. Dissolution of the WTO would result in a 33 percent drop in developing economies’ merchandise trade, a permanent GDP loss to developing countries exceeding five percent, and acute export losses particularly affecting low-income and middle-income countries. 

USCIB Participates in the First Meeting of the OECD Working Party on Countering Illicit Trade

Business at OECD (BIAC) delegation to the OECD

The first Meeting of the Working Party on Countering Illicit (WP-CIT) Trade took place April 4-5 at OECD headquarters in Paris.

USCIB Anti-Illicit Trade Committee (AITC) Chair David Luna (Luna Global Networks), USCIB Senior Director of Customs and Trade Facilitation Megan Giblin, and several USCIB members participated as part of the Business at OECD (BIAC) Anti-Illicit Trade Expert Group delegation to WP-CIT. This inaugural meeting was a milestone of the OECD work on countering illicit trade since the WP-CIT was elevated within the organization due to its move from the Governance Directorate (GOV) to the Trade and Agriculture Directorate (TAD) at the OECD.

During the meetings, Luna delivered remarks as Chair of BIAC Anti-Illicit Trade Expert Group (AITEG). USCIB member representatives Susan Wilson (Intel), Monica Ramirez (ABinBEV), and Jennifer Lane (Amazon) also provided topic specific remarks on Third Party Litigation Funding (TPLF), trade in illicit alcohol, and existing best practices in the e-commerce space to fight counterfeits and illicit goods, respectively. The USCIB delegation participated actively and joined broader panels on these and other topics.

USCIB’s AITC was established in 2018 to support the work of BIAC and the OECD WP-CIT in this space.

“It was an honor and a privilege to participate in this milestone event of the WP-CIT,” said Giblin.  “The BIAC–OECD public private partnership is an issue of critical interest to BIAC, USCIB, and other BIAC national federations. We look forward to continuing our engagement and collaboration coming out of these recent WP meetings and discussions as we move into 2025, as well as supporting the newly established WP-CIT forum and related work program.”

Giblin also noted there was robust dialogue on TPLF and countering illicit trade across online marketplaces, building on the earlier good work of the informal expert group supported strongly by both BIAC and USCIB. For Giblin, it was a very positive development to learn about the progress related to the OECD Recommendations on enhancing Transparency in Free Trade Zones (FTZ), specifically the commencement of the related FTZ Certification Scheme. This is an important topic for BIAC and USCIB, but also the International Chamber of Commerce (ICC), which works in collaboration with BIAC on this workstream at the OECD.

As stated by Piotr Stryszowski, senior economist at the OECD, there was a great collaborative spirit in the debate with the business community showing their strong endorsement in the work of the WP-CIT (along with an intervention by John W.H. Denton, ICC Secretary General, supporting the OECD’s Free Trade Zones Recommendation).

USCIB is both the US National Committee of ICC and the US National Federation of BIAC.

Strengthening Transatlantic Business Ties: USCIB Engages with ICC Colleagues in Seville 

USCIB’s Jose Arroyo with the group from ICC Europe and ICC Americas

The International Chamber of Commerce (ICC) facilitated a regional meeting between European and American counterparts in Seville, Spain on April 3. This first-ever joint meeting, organized by ICC Spain and hosted by the Seville Chamber of Commerce, reinforced the historical economic ties between Europe and the Americas. The meeting convened representatives from ICC headquarters in Paris as well as ICC national committees from Europe and the Americas, including USCIB Policy Manager for Corporate Responsibility and Labor Affairs Jose Arroyo.  

Arroyo emphasized the need for more collaborative transatlantic efforts to address key business trends and challenges, as well as opportunities for enhanced cooperation to bolster business development, trade facilitation, responsible business conduct, and economic integration across regions. 

“This meeting provided a valuable platform for strengthening engagement and relationships between USCIB and our European and American counterparts,” said Arroyo. “We recognize the significance of advancing collaboration with our fellow national committees.”  

USCIB’s role in the meeting demonstrated its commitment to deepening its partnership with the ICC Americas Group, while reinforcing the integral commercial relations with European partners. Arroyo emphasized the direct implications of policy developments in Europe on American businesses, emphasizing the need for ongoing dialogue and collaboration to navigate global market dynamics effectively. 

ICC Secretary General John Denton attended the meeting in person and highlighted ICC’s priorities in supporting business growth and addressing challenges across regions. 

“USCIB looks forward to advancing our collaboration with European colleagues and strengthening our ties with the ICC Americas Group in pursuit of shared objectives and mutual benefits,” added Arroyo. 

ICC Statement on Using AI in Advertising and Marketing Communications

The International Chamber of Commerce (ICC) released a statement on the use of Artificial Intelligence (AI) in advertising and marketing communications. ICC’s position on AI will also be reflected in the upcoming 2024 launch of the revised ICC Advertising and Marketing Communications Code (“the ICC Code”). The ICC Code is a globally applicable, self-regulatory framework, developed by experts across all industry sectors worldwide.

The upcoming revised version of the ICC Code will reiterate and clearly address in the scope that marketers’ responsibilities do not change with the use of AI and marketing communications prepared or delivered using AI must meet the same standards as all marketing communications.

ICC states: the ICC Code covers all forms of commercial marketing communications and is media and technology neutral. It applies to all mediums and platforms including social media, mobile, virtual and marketing communications using AI, as well as new technologies that become available in the future. As such, it serves as a practical resource for practitioners developing and delivering marketing communications, including with the assistance of AI, algorithms, and other automated technologies. Marketers should ensure that the ICC Code is followed whether marketing communications are created, modified or delivered solely by humans or with the assistance of AI, whether in whole or in part. When employing such technologies, marketers must remain at the helm and continue to exercise due care and oversight to ensure that marketing communications are legal, decent, honest, truthful, and that data privacy policies are adhered to. Careful oversight should be in place to ensure that marketing communications do not incite or condone any form of discrimination. Marketers are also encouraged to be mindful of diversity and inclusion in advertising and seek to avoid stereotypes and objectification.”

For the full statement, please click here.

 

USCIB Joins ICC Commission Meetings on Customs in Brussels, Hosts USCIB Customs Events in Midwest

L-R: Valerie Picard (ICC), Megan Giblin (USCIB), John Bescec (Microsoft & ICC), Florence Binta Diao-Gueye (ICC)

On November 21, USCIB Senior Director Customs and Trade Facilitation Megan Giblin, alongside USCIB members from IBM and Microsoft, among others, participated in the International Chamber of Commerce (ICC) Global Customs and Trade Facilitation Commission (CTFC) meeting, hosted at the offices of USCIB member, Baker McKenzie, in Brussels.

According to Giblin, participants discussed critical customs-related challenges in cross-border trade. Chair of the ICC Global CTFC (and former USCIB CTFC Vice Chair and active Committee member) John Bescec (Microsoft), World Customs Organization (WCO) Acting Director of Tariff and Trade Affairs Gael Grooby and ICC authorized delegates to WCO technical bodies (HSC and RSC, and Technical Committee on Customs Valuation) provided insights during the plenary session, including recent developments in customs and trade and highlighted updates on the Harmonized System Nomenclature (HS), valuation and origin.

During the afternoon plenary, ICC National Committee (NC) and respective NC company members, including many USCIB members, presented outcomes and next steps to the Commission on four important issues: the green economy, improving Authorized Economic Operator (AEO)/trusted trader programs, pathways for customs valuation in the e-commerce era and the impact of a complex and fast-changing environmental and labor regulatory landscape on business.

Following the ICC Commission meeting, Giblin and USCIB members met with the U.S. attaché to the EU and Belgium to discuss Committee priorities and regional interests.

L-R: Jeff Bensing (USCIB), John Bescec (Microsoft), Megan Giblin (USCIB), Martina Kavanagh (IBM & ICC)

Prior to these meetings in Brussels, USCIB held an in-person CTFC meeting on November 14, hosted by USCIB member Google in Chicago and chaired by USCIB CTFC Chair Michelle Welsh (Google). Meeting topics included Committee priorities for 2024, forced labor, WTO and WCO matters, such sd customs classification, customs valuation, humanitarian shipments/cargo, and Committee priorities for the Asia Pacific Economic Cooperation (APEC).

USCIB also hosted a Global Trade Networking Event in Minneapolis on November 15. USCIB members and colleagues had the opportunity discuss customs and trade topics with other experts in the field during an informal evening of conversation and networking.

Baird Discusses USCIB Priorities With Leaders of WTO and UNCTAD 

L-R: Whitney Baird (USCIB), Ngozi Okonjo-Iweala (WTO), Angela Ellard (WTO) in Geneva

USCIB President and CEO Whitney Baird was in Geneva the week of November 27, meeting with the heads of the World Trade Organization (WTO) and the UN Conference on Trade and Development (UNCTAD) to press membership priorities.  

 

The focus of the meeting with WTO Director General Ngozi Okonjo-Iwealaand Deputy Director General Angela Ellard was industry positions for the upcoming WTO Ministerial Conference (MC13), with Baird underscoring concerns regarding the U.S. retreat from important digital safeguards in the JSI on E-Commerce negotiations, the imperative of a permanent renewal of the moratorium on customs duties on electronic transmissions and staunch opposition to a waiver extension under the WTO Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. USCIB also relayed its history as a leading industry voice in support of the WTO, spearheading business coalition letters urging better U.S. leadership in negotiations.   

 

“USCIB will attend MC13 in February 2024 showcasing our deep commitment to the WTO and a global rules-based trading system,” said Baird. “With some 70 percent of world trade covered under WTO rules, USCIB is a steadfast and staunch advocate for the WTO and its critical role in keeping the global trading system open for business particularly during times of pandemic or geostrategic crisis.” 

 

Baird also expressed her gratitude to the DG for establishing the WTO Director General business advisory group to ensure industry voices are heard. “USCIB truly understands the importance and the power of institutionalized stakeholder engagement as the unique U.S. affiliate to the International Chamber of Commerce (ICC), Business at OECD (BIAC) and the International Organization of Employers (IOE),” added Baird. 

 

Separately, Baird met with UNCTAD Secretary General Rebeca Grynspan to discuss mutual areas of interest regarding foreign direct investment (FDI) and issues related to the Sustainable Development Goals (SDGs). USCIB’s engagement with UNCTAD spans years of active participation at the World Investment Forum Meetings, the leading international meeting on investment matters. 

 

USCIB has been a longstanding, leading voice for the U.S. private sector on international investment policy issues in the multilateral system, promoting FDI and defending investor safeguards in investment agreements as a paramount priority.   

 

“USCIB advocates for inclusive practical multilateralism and welcomes opportunities to engage with UNCTAD in dialogue and through public-private partnerships to learn about the barriers to investments in developing countries,” said Baird.  

 

Baird added, “It is now more important than ever that international organizations like UNCTAD work with business to call for the necessary welcoming environment for FDI in quality projects that help put the SDGs back on track, power sustainable economic growth and shared prosperity. USCIB looks forward to a productive working relationship with the Secretary General and her colleagues at UNCTAD.” 

Arroyo Represents USCIB at Annual ICC Americas Regional Meeting

The International Chamber of Commerce (ICC) held its annual Regional Consultative Group of the ICC Americas group in the first week of October. Hosted this year by ICC Argentina in Buenos Aires, the three-day event gathered representatives from nearly all countries in the region, including USCIB Policy Manager for Corporate Responsibility and Labor Affairs Jose Arroyo, who represented the U.S.

Jose Arroyo

According to Arroyo, the productive meeting allowed national committees to discuss key business trends and challenges and opportunities for collaboration to strengthen business development, trade facilitation, responsible business conduct, and economic integration in the region.

ICC Secretary General John Denton spoke at the meeting to address core issues relating to support for MSMEs, digitalization and sustainability.

“This meeting was a great opportunity to strengthen the engagement and relationships between USCIB and other countries in North and South America,” said Arroyo. “We look forward to advancing our collaboration with our fellow National Committees.”

 

USCIB Leads Business Delegation and Engages in High-Level Discussions at 2023 WTO Public Forum

USCIB’s Alice Slayton Clark with WTO’s Angela Ellard and USCIB members at the 2023 WTO Public Forum

USCIB was in Geneva last week for the 2023 World Trade Organization (WTO) Public Forum alongside member companies and industry associations. The USCIB delegation advocated for member priorities, such as a high-level outcome and successful conclusion of the JSI on E-Commerce, a permanent moratorium on customs duties on electronic transmissions, opposition to a waiver extension for COVID-19 diagnostics and therapeutics, a third round of negotiations to liberalize tariffs in information techonology products (ITA-3), and elimination of tariff and non-tariff measures on environmental goods and services.  

USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark and Policy and Program Assistant Ashley Harrington led the USCIB delegation, facilitating meetings with WTO officials including WTO Deputy Director General Angela Ellard, Director of the WTO Trade and Environment Division Hoe Lim, issue experts from the U.S. Mission to the WTO and trade officials at the International Organization of Employers (IOE)Members immersed in detailed exchanges on the aforementioend concerns and also explored areas for industry inputs on circularity, environmental goods, climate mitigation, and plastics as part of the Trade and Environmental Sustainability Structured Discussions (TESSD). 

L-R: Ashley Harrington and Alice Slayton Clark

Clark and Harrington activeily pariticipated in multi-association meetings with WTO Director General Ngozi Okonjo-Iweala on WTO reform and key issues being advanced as deliverables for the 13th Ministerial Conference (MC13) in February 2024, as well as with ambassadors from Thailand, Vietnam and Singapore on semiconductor and digital technology concerns. Collaborations culminated in a joint U.S. industry reception at the WTO where scores of officials from WTO missions, policy experts and member companies gathered for an evening of networking and fun. 

Another treat for USCIB members in Geneva was the semi-annual meeting of the International Chamber of Commerce’s (ICC) Trade and Investment Policy Commission, where they were briefed by myriad WTO ambassadors and officials on the outlook for MC13 and interacted with the various ICC national committee representatives from around the globe. This all occured amid the backdrop of the WTO Public Forum, showcasing 134 panel discussion on how trade can contribute to a greener and more sustainable future.   

“USCIB delivered excellent engagement opportunities during these meetings, advocating positions and discussing creative solutions for the top concerns of our members,” said Clark. “We remain a determined voice for business and industry at the WTO and will continue to highlight policy issues that are important to our members and advance industry’s positions in multilateral discussions.” 

Vinblad Delivers Business Statement for Final UNFCCC Global Stocktake Technical Dialogue in Bonn

Policy Manager for Environment and Sustainable Development Agnes Vinblad served as head of the USCIB Delegation at the recent Session of the Subsidiary Bodies (SB-58) to the UN Framework Convention on Climate Change (UNFCCC) in Bonn, Germany, commonly known as the Bonn Climate Change Conference. According to Vinblad, these sessions serve as the most critical preparatory negotiating meeting ahead of Climate COP each year.

This year’s sessions of the SBs proved particularly challenging, marked by deep disagreements among Parties regarding the adoption of the agendas for the UNFCCC Subsidiary Body for Implementation (SBI) and Subsidiary Body for Scientific and Technological Advice (SBSTA). According to Vinblad, these disagreements led to especially slow negotiations throughout the first week of the conference, with many Parties consistently calling out the fact that due to there being no adopted agendas, there was no formal mandate to move the negotiations forward.

Despite challenges, Parties eventually reached a compromise and managed to agree on the adoption of agendas on June 14. Being on the ground for the full duration of the negotiations from June 5 – 15, Vinblad emphasized that important progress was still achieved, for example the conclusion of the third and final technical dialogue of the Global Stocktake (GST), technical dialogues on the new finance goal (NCQG) and significant efforts to work towards consensus on the Global Goal on Adaptation (GGA). For USCIB, negotiations on the GST were of special importance.

The first global stocktake of progress made on the goals set out in Paris Agreement will be one of the central mandates to deliver on for the COP-28 Presidency in Dubai later this year. Working closely with the International Chamber of Commerce (ICC), Vinblad delivered the opening statement on behalf of the Business & Industry Constituency (BINGO) during the opening plenary for the third and final GST technical dialogue.

“Business views the global stocktake as a critical process to identify concrete actions that can be meaningfully implemented by Parties, business and other non-Party stakeholders, with a particular focus on measures for governments to undertake with regards to their domestic technical and policy work, with the ambition to agree on stronger NDCs centered on action”, said Vinblad in summarizing her remarks delivered in the Chamber Hall.

According to Vinblad, for the global stocktake to be effective, there will need to be clear outcomes accompanied by policy roadmaps for business on what interventions are needed down on a sectoral level. “This is what we hope to see at the end of this process,” she added.

Arbitration

USCIB Value Add

  • When commercial disputes arise, the dispute resolution services of the International Chamber of Commerce (ICC) can be relied upon to resolve them efficiently and economically.
  • Working with ICC Conferences or SICANA, USCIB’s Arbitration Committee assists in organizing conferences, seminars and corporate roundtables nationwide to educate the public about ICC’s different dispute resolution services.
  • Meet with officials from countries around the world to discuss the ICC’s arbitration system and other dispute resolution services.
  • Identify opportunities for ICC arbitration and/or ADR to be designated as a means of dispute resolution for domain name and other e-commerce disputes and in multilateral and regional instruments, such as the Free Trade Area of the Americas (FTAA) and BITs.
  • Work with the U.S. Department of Commerce to distribute information on the ICC Court to commercial offices in U.S. embassies and consulates.

Magnifying Your Voice with USCIB:

  • Through its affiliation with ICC, USCIB’s Arbitration Committee serves as the primary contact point in the United States for information about the ICC International Court of Arbitration® (the ICC Court) and ICC’s wide range of dispute resolution services.
  • USCIB serves as a contact point for the ICC Court in the United States, nominates Americans to serve as members of the ICC Court and as ICC arbitrators, mediators and experts and acts as a referral source for parties seeking these neutrals or counsel in ICC proceedings.
  • USCIB participates in and nominates its members to serve on the ICC Arbitration Commission and its numerous Task Forces, such as the task forces on Drafting Arbitral Awards, Arbitrating Competition Law Issues, IT in Arbitration, Guidelines for ICC Expertise Proceedings, Criminal Law and Arbitration, Reducing Time and Costs in Complex Arbitration, European Contract Law, and “Amiable Composition and ex aequo et bono” to name a few.
  • Co-sponsor international dispute resolution seminars with international institutions, bar associations, corporate counsel organizations, and potential users of arbitration and other forms of ADR.

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Chair

Peter J.W. Sherwin
Partner
Proskauer

Staff

Jason File
Director of Legal Affairs & General Counsel
212-703-5047 or jfile@uscib.org

Tatianna Sample
Senior Administrative Assistant, Claims
tsample@uscib.org

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