ICC Archives

USCIB Gathers Stakeholders on Margins of UN Science, Technology, Innovation Forum for SDGs

Published on June 6, 2018
US Ambassador to ECOSOC Kelley Currie gives remarks

As governments and stakeholders gather for the third annual United Nations Multi-stakeholder Forum on Science, Technology and Innovation (STI) for the SDGs in New York June 5-6, USCIB organized a timely breakfast roundtable on the margins of the forum titled, “Together for Impact: Business Innovation for the SDGs” earlier this morning. USCIB partnered with the U.S. Department of State and the International Chamber of Commerce (ICC) to create a productive dialogue between USCIB member companies and relevant UN missions and agencies.

The roundtable – held at Pfizer’s Headquarters in New York – brought together UN Missions, UN Agencies, and USCIB Member companies to discuss opportunities to partner and scale up the deployment of innovation to deliver progress on the SDGs.  Representatives of companies, governments and the UN system began a practical dialogue on operationalizing private sector innovations through conducive enabling regulatory frameworks and inclusive international cooperation.

Monsanto, Ferrero, Pfizer, Novozymes, LexisNexis and CropLife International presented examples of how companies are working with other stakeholders to advance innovative technologies and knowledge-sharing.  Japanese Ambassador and Co-Chair of the STI Forum Toshiya Hoshino gave a government and UN perspective, as did Judith Arrieta, on behalf of Ambassador Juan Sandoval Mendiolea of Mexico, co-chair of STI Forum.  Also attending the meeting were the co-chairs and several members of the UN “10 Member Advisory Group” to the STI Forum, including Vaughan Turekian of the National Academy of Science.

U.S. Ambassador to the UN Economic and Social Council (ECOSOC) Kelley Currie opened the meeting, highlighting the importance of bringing together the private sector, which is increasingly embracing and operationalizing SDG-related innovations – in terms of products, services, ways of producing, and the very means of cooperation itself – and the UN system.  In her keynote speech, she stated that, “there are such good intentions on all sides, and a great deal of achievement and potential to offer.  Three years after 2015, Addis and New York and Paris, those who understand the imperative of stepped up deployment of solutions do need to find ways to advance those opportunities, to bridge what appear to be missed opportunities and take them forward for shared impact and benefit.  Business too has to do more to encourage such a “skin in the game” working relationships, including through public-private partnerships.”

USCIB President and CEO Peter Robinson remarked, “dissemination and deployment of technologies and know-how for the widest possible societal benefits are imperatives that can only be advanced by working together with the US business community.  That is why USCIB called this meeting, for systems thinking and more importantly systems doing,  and to cultivate systemic collaboration and knowledge-sharing.”

USCIB will continue to work with its membership and with governments to ensure that business views and contributions to innovation in its products, initiatives and implementation are heard, welcomed, and taken into account within the international community working cooperatives on sustainable development.

Qatar to Join Global “Merchandise Passport” System

Published on May 18, 2018
The World ATA Carnet Council meeting in Xian, China

Earlier this month, Qatar officially joined the ATA Carnet system, which enables the temporary duty-free, tax-free importation of various types of goods in over 80 countries and customs territories around the world. The Carnet system is overseen by the International Chamber of Commerce and the World Customs Organization. USCIB serves as the U.S. national guaranteeing association for the system.

The official announcement was made by Sheikha Tamadar Al Thani, director of international relations and chamber affairs at Qatar Chamber and ICC-Qatar, during her participation in a World ATA Carnet Council (WATAC) meeting organized by ICC’s World Chambers Federation on May 9 in Xi’an, China. The ATA Carnet system is expected to be implemented in Qatar as of August 1, 2018, but the country will only accept Carnets issued for Exhibitions and Fairs. (Many countries and territories also accept them for Product Samples and for Professional Equipment.)

During her address to the WATAC meeting, which was attended by USCIB President and CEO Peter M. Robinson, Al Thani noted that Qatar’s formal accession to the Carnet system came as a result of lengthy negotiations conducted during the previous sessions with WATAC leadership and council members. She said the ATA Carnet plays an important role towards advancing the cause of free trade as a mechanism of trade facilitation.

Al Thani further noted that world trade is facing momentous challenges nowadays, with protectionist policies on the rise again and the State of Qatar’s accession to the Council is a testimony to its adherence to free trade, and to its belief in the importance of the free movement of goods and services around the world.

The ATA Carnet is the global gold standard for temporary admissions under the auspices of the World Customs Organization. ATA Carnets are international tools of trade facilitation, which serve as a temporary export-import documentation. The ATA System is in place in over 85 countries and territories, and provides duty-free and tax-free imports on goods that will be re-exported within 12 months.

Please visit the Qatar ATA Carnet page for more info.

Russian Sanctions: How Do They Affect US Business?

Published on May 14, 2018

A roundtable discussion was held at HodgsonRuss LLP in New York on April 26, connecting participants from Washington DC, New York and Europe to discuss the recent sanctions imposed by the U.S. Government on Russia, enforcement trends and how they affect the way the U.S. companies conduct business around the globe. This event was organized by the Committee on Eastern Europe and Committee on International Trade of the International Section of the New York State Bar Association. Distinguished panelists included Charles R. Johnston (Citi), chair of USCIB’s Trade and Investment Committee, Michael Hendrix, OFAC, U.S. Department of Treasury, Hon. Volodymyr Yelchenko, permanent representative of Ukraine to the United Nations and Robert J. Leo, chair of the Committee on International Trade. The discussion was moderated by Serhiy Hoshovsky, chair of the Committee on Eastern Europe. Participation from overseas was moderated by Oleh Beketov, chapter chair in Kiev.

The event was opened by Paul M. Frank, a former chair of the International Section and renown international law attorney who hosted the event at his law firm. Yelchenko provided a comprehensive political context for the Russian sanctions and reminded of the events that led to their initial imposition in 2014. Michael Hendrix, an enforcement officer with OFAC, summarized legal framework for the sanctions and enforcement priorities as well as discussed some recent enforcement actions. Johnston provided a great overview of the sanction regime from the perspective of the U.S. business community, explaining in detail how the sanctions are becoming a new reality and how the U.S. businesses adapt to doing business. He also shared practical experiences of what U.S. companies do to stay compliant. Leo shared a very useful handbook on sanctions and practical tips on what to do when issues arise and how to stay compliant.

“The event provided a unique opportunity for the participants, especially those from the overseas, to ask questions and hear from people who are on the forefront of the sanction policy and enforcement at the US government, business community and legal profession,” said Nancy Thevenin, USCIB’s general counsel. “All panelists and participants agreed that the event was a major success and provided a great platform for sharing views and discussing major issues affecting business and legal community not only in the U.S. but also internationally.”

US and Canada ICC National Arbitration Committees Hold Annual Meeting

Published on April 23, 2018

 

Axel Baum receives award

The co-chairs of USCIB/ICC USA’s and ICC Canada’s Arbitration Expatriate Subcommittees, Charles Kaplan of Orrick and Aren Goldsmith of Cleary Gottlieb Steen & Hamilton LLP organized their annual joint meeting in Paris on April 9th. The meeting was also organized by Andrew McDougall and Kirsten Odynski both of White & Case.

Held at Orrick, the co-chairs opened the meeting and introduced Alexander Fessas, secretary general of the ICC Court, who gave a presentation about recent developments at the ICC Court. Thereafter, Chris Moore of Cleary Gottlieb Steen & Hamilton LLP in London discussed the ICC Practice Note on summary dispositions and its future application. Vasuda Sinha of Freshfields Bruckhaus Deringer’s Paris office ended the substantive segment of the meeting with a presentation comparing the practice of the Canadian, U.S. and Paris national courts in supporting the taking of evidence for use in international arbitrations.

The meeting ended with McDougall providing an update on ICC Canada’s activities, and Grant Hanessian, chair of the USCIB/ICC USA arbitration committee, discussing recent developments with the group.

At that time, Nancy Thevenin, USCIB’s general counsel, presented Axel Baum of Hughes Hubbard & Reed, LLP with a plaque recognizing him for “his many years of leadership of the U.S. arbitration community in Europe and long-standing service on the ICC Arbitration Commission.”

Baum, who was one of the longest serving U.S. members of the ICC Commission, also served as the first chair of the U.S.’s arbitration expatriate committee and helped start the yearly tradition of the joint meeting. Baum also oversaw the transition of group’s leadership to Kaplan and Goldsmith.

USCIB Member Appointed Chair of ICC Environment Commission

Published on March 12, 2018
Justin Perrettson (Novozymes)

The International Chamber of Commerce (ICC) announced the appointment of USCIB member Justin Perrettson of Novozymes as the new chair of the Commission on Environment and Energy. Perrettson is head of global engagements at Novozymes, the world`s leading bio innovation company, where he leads a series of policy and stakeholder interactions that support its sustainability agenda.  He also has broad international policy experience from consulting, finance and not-for-profit sectors and has served as an active member of the Commission on Environment and Energy over the past seven years.

“We are excited that Justin has been appointed chair of the ICC Environment and Energy Commission,” said Norine Kennedy, who leads USCIB’s work on environment, climate and SDGs. “He has taken USCIB’s work in environment, climate and SDGs to another level in international forums, and we know he’ll bring the same amount of energy, commitment and passion about sustainability to enhancing those synergies working with ICC.”

Perrettson has been instrumental in leading the business voice for the Sustainable Development Goals (SDGs), climate change and public-private partnerships, serving as vice chair of USCIB’s Environment Committee and leading USCIB work on sustainable development as member of its SDG Working Group.

Perrettson will be responsible for leading the Commission on Environment and Energy in a renewed strategic direction and will ensure that ICC is leading responsible business engagement that promotes sustainable, inclusive economic growth in line with the UN Climate Change and Sustainable Development Goals.

Perrettson has said that he is “both delighted and honored to take on this new role within ICC and to work with the world’s largest business organization to drive the global sustainable business agenda forward.”

Perrettson will take over from Kersten Karl Barth, who has led the Commission on Environment and Energy’s work for the past five years.

ICC: New Leadership for World Business Organization

Published on March 12, 2018

International Business HandshakeThe International Chamber of Commerce (ICC) has announced the election of a new secretary general and new first vice chair at its March 12 meeting of the ICC World Council in Tokyo. CEO of the leading Australian law firm Corrs Chambers Westgarth John W.H. Denton has been elected as the next secretary general of ICC.

Denton is a legal expert and adviser on global policy, international trade and investment and infrastructure. Denton, who was unanimously elected, will succeed outgoing ICC Secretary General John Danilovich. Denton previously served on ICC’s Executive Board and, in 2016, became the first Australian to hold the position of first vice chair of the Paris-based organization.

Commenting on his election, Denton added, “I’m deeply honored to have been elected as secretary general of the International Chamber of Commerce. At a time when the dual threat of populism and protectionism still loom large, it’s more vital than ever for business to have a seat at the table in global policy-making. ICC has a unique role to play in ensuring the views and experience of the global private sector are taken into account in key global forums, from the United Nations to the G20. I look forward to working with ICC’s global network in over 100 countries to do just that.”

CEO of Unilever Paul Polman has also been unanimously elected as ICC’s new first vice-chair. Polman will succeed current ICC Chairman Sunil Bharti Mittal on July 1, 2018, who in turn will take the position of honorary chair. Polman is a globally recognized business leader and a pioneer in the field of corporate sustainability having served as a member of the UN Secretary General’s High-Level Panel responsible for formulating the Sustainable Development Goal (SDGs), launched in 2015, and was subsequently appointed as a UN SDG Advocate responsible for promoting the “Global Goals.”

Commenting on these appointments, USCIB President and CEO Peter Robinson said, “USCIB has appreciated the opportunity to work with John Danilovich and Sunil Mittal in recent years and thank them for their service to ICC. We now very much look forward to working closely with John Denton and his team. And of course we welcome the addition of renowned business statesman Paul Polman to ICC’s chairmanship, which will surely elevate the world business organization’s stature on sustainable development and many other topics.”

For more information, please visit ICC’s website.

Post-Brexit Trade: An Opportunity to Set New Standards

Published on March 12, 2018

By Chris Southworth

As the United Kingdom prepares to leave the European Union, the country is at a crossroads. To deliver success means delivering trade deals fast, and the only way to do that is to be more innovative, explains Chris Southworth, the secretary general of ICC UK, USCIB’s partner in the global International Chamber of Commerce network. This was also the topic of a recent ICC UK podcast featuring USCIB’s Rob Mulligan. The views presented here are the author’s own and do not necessarily reflect USCIB policy positions.

ICC UK Secretary General Chris Southworth

The UK government has committed itself to renegotiate its entire stock of trade relationships and bring home the largest number of trade deals ever delivered in a short space of time – the task has no precedent.

The first round of post Brexit deals will be with 88 countries and nine trade blocs, covering non-EU countries with EU deals – almost half the world. The scale and pace at which this task must be delivered presents a unique opportunity to be innovative – it’s the only way the government will deliver on its promises of a “free trade model that works for everyone.”

The government has begun the process of passing legislation to set up a new Trade Remedies Authority, share customs data and maintain an open procurement market, but there is currently no proposal for how the government will deliver so many deals in such a short space of time. The government says that the 60-plus countries with EU deals will roll over on the same trade terms, so no extra consultation is required, but that is highly unlikely according to the experts.

In a rare display of unity, business groups, NGOs, unions and consumer groups all agree that to move forward on trade, the UK needs a more transparent, inclusive and democratic framework to handle trade policy if there is any chance of ensuring trade benefits everyone.

The UK has become one of the most centralized G7 countries, with wide disparities across its regions, a stubborn trade deficit and a history of under-performance on productivity and competitiveness. London now dominates the UK economy, with every other region a long way behind. Brexit presents a golden opportunity for trade to play a central role in boosting regional economies as well as address the frustration and disparity that is all too clear to spot, but only if the mode of engagement changes.

If the government wants to deliver new trade deals at the pace and scale required, fresh thinking and reinvented processes are required – those who generate trade will need to be consulted on what works, not only because it is necessary, but because it is democratic. To deliver a trade model that works for everyone means giving stakeholders a say in the decisions.

The Trade Bill

The Trade Bill – currently under review in Parliament – sets out an initial framework for an independent trade policy: a Trade Remedies Authority, an open procurement market, rolling over terms with countries with third party EU agreements sharing customs data. Controversially, the bill also proposes “Henry VIII” powers giving the government the ability to overrule Parliament.

Being a member of the EU means that the UK has no formal structures or procedures for reviewing treaties, and Parliament does not have to debate, vote on or approve deals. Trade agreements are scrutinized via the usual Parliamentary means such as written questions and answers, internal debates and select committee inquiries.

If government negotiators have any chance of delivering trade deals on the scale and pace required, there needs to be a more structured approach that provides organised forums for the international community, business, unions, NGOs and civil society organisations to engage on the issues and make consensus based decisions.

There is a myth that consultation and transparency slows the decision-making process. But without dialogue there is scope for mistrust to grow, which if unchecked, has more than enough weight to derail trade negotiations – as we saw with the lack of public support for the Transatlantic Trade and Investment Partnership (TTIP). As hard is may be to hear, public services and food standards trumped trade and that is exactly how people expressed their views.

The TTIP negotiations collapsed, losing five to seven years of negotiation with no sign of an opportunity to restart discussions. It was a colossal waste of resources that could have been easily avoided if the engagement process had been better organised and more inclusive from the start.

The Canada-EU trade agreement (CETA) very nearly went the same way. The issues surrounding Wallonia’s role in Belgium that almost derailed CETA could very well apply in a host of UK regions. Good-quality engagement throughout the decision-making process would prevent such scenarios happening in the future and most importantly give people a stake in making trade a success.

Trade policy now influences all walks of life – it’s not possible to separate trade from public policy and it’s imperative to have the public on board if deals need to be done.

International Models

The US trade model is often cited as an option for the UK but it’s not the only country that has a better system of engagement. New Zealand has successfully integrated private sector groups, civil society and the Maori – its indigenous population – into its model for developing trade positions.

Beyond regular public meetings regarding trade policy, the government established a ministerial advisory group to oversee high-level consultations. The group consists of representatives from key export sectors, NGOs, business and minority groups to reflect the overall priorities of New Zealand’s trade agenda, and to provide feedback to the nation’s minister of trade. In short, it’s a more inclusive system.

The scale of the UK challenge provides an opportunity to set a new international benchmark – no country has it completely right. A deal with 27 EU countries, followed by 60-plus countries with EU agreements, and then the rest of the world is a lot of ground to cover in a short space of time – if the UK government is going to return the benefits of Brexit as promised.

In fact, the success or failure of Brexit will hinge on the government’s ability to deliver trade deals – this is central pillar of the Brexit strategy to offset costs incurred from leaving the EU, especially for SMEs. To do that, it means breaking from the past, opening up and building a model of engagement that is more transparent, consensual and democratic in approach – and doing it fast!

Published March 12, 2018

Thevenin Serves as Arbitrator at Annual Vis Moot Practice Session

Published on February 26, 2018

USCIB/ICC USA held it’s 12th Annual Vis Moot Practice Session earlier this month. The practice moots help law school students hone their advocacy skills in preparation for competing in one of the premier events in international arbitration – the Willem V. Vis Moot Competition in Vienna, Austria — which brings together over 300 law schools competing before hundreds of the world’s best international arbitration experts.

The Practice Session was co-organized with the ICC International Court of Arbitration’s North America office, and included eight law schools (Brooklyn, Cardozo, Fordham, Heidelberg University, New York, New York University, Pace University and the University of Bucharest) with over 30 New York-based arbitration professionals serving as mock arbitrators.

This year’s problem involved the sale of bakery goods under the United Nations Convention on the International Sale of Goods and applied the UNICTRAL Rules of Arbitration to the parties’ dispute.

“USCIB/ICC USA is proud to help support this effort to help train tomorrow’s law leaders in international arbitration,” said Nancy M. Thevenin, general counsel of USCIB/ICC USA, who also served as a mock arbitrator at the practice session. “We thank Javier H. Rubinstein of member firm Kirkland & Ellis, LLP, for hosting this event and for serving as a mock arbitrator.  We also thank Seoun “Nikole” Lee, deputy director, Alexandra Akerly, manager, strategy and development; and Mehr Kaur, promotion, officer of the ICC Court in North America for taking on the oars of organizing the practice session this year.”

ICC Academy Launches Free e-Course on Responsible Marketing and Advertising

Published on February 8, 2018
The new ICC Academy e-course builds on decades of expertise in establishing high standards for marketers and ad agencies.

The educational arm of the International Chamber of Commerce (ICC), the ICC Academy, has launched a new e-course based on ICC’s internationally-recognized Marketing and Advertising Code. Entitled “Ethical Marketing and Advertising” (EMA), the e-course is available free of charge, and aims to develop the skills needed to conceptualize, design and deliver responsible marketing communications.

From micro-enterprises to large multinational companies, nearly all businesses use marketing in some form to sell their products or services. However, in a world where good governance and consumer trust are increasingly important, there is a greater expectation from consumers for brands to communicate transparently about their operations and product offering. This interactive e-course serves to encourage ethical marketing solutions as better, more effective forms of advertising.

“We are proud to launch the EMA on the ICC Academy’s digital learning platform,” said Daniel Kok, general manager of the ICC Academy. “We believe that formal training is essential to create high industry standards and practice. Our aim for this e-course is to establish a foundation in marketing for businesses across all markets.”

The EMA builds on decades of expertise and is designed for marketers, advertising agencies, self-regulatory organizations and universities and expands on a program initially developed with the renowned international business school, INSEAD.

“The ICC Code provides globally applicable road signs for marketing practice, which help build confidence in business. This e-course brings the Code guidance to life with the aid of practical industry examples,” said Brent Sanders, assistant general counsel at Microsoft and chair of the ICC Commission on Marketing and Advertising, who also chairs USCIB’s Marketing and Advertising Committee. “We recognize the invaluable contributions of self-regulatory and partner organisations across the globe in developing this interactive course that we believe will reinforce the Code’s effectiveness.”

Comprising six lessons, the two-hour interactive e-course:

  • covers ICC Code basics
  • provides an overview of the importance of responsible advertising
  • explains responsible marketing principles relating to customers, society and competitors, and
  • delivers insights on digital marketing and advertising.

Each section of the course incorporates video examples, structured learning, self-assessments, a virtual coach and valuable case studies to fully understand the principles at the heart of global advertising codes, which are applicable across every industry.

“The ICC Code provides direction for legal and honest marketing communications – qualities that are critical for marketers to build consumer trust and brand loyalty,” said Raelene Martin, policy manager at ICC . “This e-course demonstrates, in practical terms, how the Code’s principles and provisions can be applied in everyday practice when developing marketing campaigns. We are confident that this e-course will be a key resource to help marketers employ today’s and tomorrow’s most innovative techniques to market their products and services.”

Professionals hoping to demonstrate their commitment to the practice of ICC Code on responsible Marketing and Advertising are invited to take the EMA certification exam for a nominal fee.

Click here to learn more about the ICC Academy’s brand-new EMA e-course.

USCIB attends Business “Talanoa Dialogue” to Advance Climate Policy Implementation

Published on February 6, 2018
Tomasz Chruszczow, Climate Champion, Poland makes remarks

The International Chamber of Commerce (ICC) convened a business workshop under the UNFCCC Talanoa Dialogue process last week. The day-long meeting at ICC Headquarters in Paris brought business leaders together with influential government representatives leading the UNFCCC negotiations to discuss where business can contribute and strengthen implementation of national and international climate policy.

The Talanoa Dialogue, previously referred to as the Facilitative Dialogue, aims to overview collaborative action by governments, business and others to move the global climate agenda. A year-long process of discussions, consultations, events and expert inputs that will culminate at the 24th Conference of Parties in Poland, the Talanoa Dialogue is the first time business and other stakeholder inputs are to be mainstreamed into the UNFCCC deliberations.  ICC serves as the United Nations Framework Convention on Climate Change (UNFCCC) Focal Point for business and industry, and has represented global business in the UN climate deliberations since 1993.

Tomasz Chruszczow,  climate champion, Poland, opened the meeting with a plea for business involvement, stating, “Business creates jobs, makes investment decisions. We need business to solve the challenges ahead in the transition towards a low-carbon economy.”  Phil Kucharski, ICC’s chief operating officer announced that ICC would make an organization-wide commitment to both the Paris Agreement and to inform the Talanoa Dialogue.

The Talanoa Dialogue is a process led by Fiji to invite and gather information, examples and discussion on 3 questions relating to the UNFCCC, Paris Agreement and the need for additional greenhouse gas reductions, resilience, funding and technology cooperation:

-Where are We?

-Where are We Going?

-How Do we Get There?

“While the Talanoa questions appear very basic, business will re-frame them to be relevant to private sector investment and implementation, and then bring forward value-added information and recommendations in response,” stated Norine Kennedy, who leads USCIB’s work on climate change, energy and the environment. Other USCIB members attending this workshop included Nick Campbell, Arkema and Justin Perrettson, Novozymes.

The discussion tackled concerns with assertions made by anti-business interests about “conflict of interest” as a justification to ban certain business sectors from observing the UNFCCC deliberations. Elina Bardram, head of Unit for International Climate Negotiations, European Commission stated that since the challenges involved in catalyzing climate action are daunting “for technical negotiators alone to tackle, so we need real world expertise – from business & other non-parties – included in the process.”

Other speakers included Deo Saran, Fiji’s ambassador to Belgium and permanent representative to the European Union and Brigitte Collet, France’s ambassador for Climate Change Negotiations, Renewable Energy & Climate Risk Prevention.

USCIB recently submitted recommendations to the UNFCCC on the importance of substantive business involvement in the UNFCCC going forward. USCIB will work closely with ICC in future Talanoa Dialogue meetings, and will consult its members as it prepares USCIB contributions to the Talanoa Dialogue scoping exercise en route to the next UNFCCC Conference of Parties in Katowice, Poland in December.