USCIB Welcomes Entry Into Force of WTO Trade Facilitation Agreement

Harbor_tradeLandmark pact will reduce customs barriers and costs for U.S. exporters

New York, N.Y., February 22, 2017 – The United States Council for International Business (USCIB) applauded the entry into force today of the landmark World Trade Organization (WTO) Trade Facilitation Agreement (TFA), which will reduce the costs of trading across borders and lead to increased U.S. and foreign exports and jobs. The TFA, approved at the WTO’s 2014 ministerial in Bali, Indonesia, provides enforceable government commitments, which will reduce red tape at the borders, speed movement of goods internationally, reduce costs, increase exports and create jobs.

The WTO has 164 member countries, and its rules require two-thirds of its members to ratify and pass laws making necessary changes in their customs procedures in order for the TFA to go into effect. Today, Chad, Jordan, Oman and Rwanda  submitted their ratification notices to the WTO, achieving the two-thirds threshold.

USCIB Chairman Terry McGraw, chairman emeritus of S&P Global, stated: “It is so important to the American and global economy that these 100-plus countries have committed to streamlining their customs procedures to speed the movement of products and reduce their costs.  We commend WTO Director General Roberto Azevedo for his tireless efforts to make his happen.”

McGraw, who also serves as honorary chairman of the International Chamber of Commerce (ICC), the world business organization, and chaired the President’s Advisory Committee on Trade Negotiations, has been a staunch advocate for the TFA and for multilateral trade liberalization in general.

“The TFA will provide a shot in the arm to U.S. exports and to the multilateral trading system,” said USCIB President and CEO Peter M. Robinson. “Studies estimate that, when implemented, the TFA will cut the average cost of exporting by some 14 percent, delivering a net gain of $1 trillion in global annual GDP and spurring the creation of more than 20 million new jobs for the global economy. What’s more, the TFA demonstrates the continued importance of the WTO and of multilateral efforts to liberalize cross-border trade and investment.”

In addition to promoting the benefits of the TFA, USCIB has worked to secure overseas ratification of the agreement through bilateral meetings with numerous governments. It has also done so via its role as U.S. affiliate of ICC, which mounted a global campaign to secure ratification of the TFA.

ICC Chairman Sunil Bharti Mittal said: “The entry into force of the TFA is a watershed moment for global trade. The reality today is that many small businesses find themselves unable to trade internationally due to complex customs requirements. By cutting unnecessary red tape at borders, the TFA will have a transformational effect on the ability of entrepreneurs in developing countries to access global markets.”

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

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

ICC Welcomes New Court Secretary General and Deputy Secretary General

The International Chamber of Commerce (ICC) has recently announced the appointment of Alexander G. Fessas as secretary general of the ICC International Court of Arbitration (“ICC Court”) and director of ICC Dispute Resolution Services and Ana Serra e Moura as deputy secretary general of the ICC Court. They will succeed Andrea Carlevaris and José Ricardo Feris, respectively, who are returning to private practice at the end of May.

Fessas, a Cypriot national born in Athens, currently serves as managing counsel and is the third most senior member of the ICC Court’s Secretariat. He started his career with ICC working as deputy counsel in the Eastern European team in 2011. He was later promoted to counsel, first in charge of the North American team and later in charge of the Eastern Mediterranean and Middle East team. Before joining ICC, Fessas was an associate at Stelios Koussoulis & Partners, an Athens-based law firm until 2007, and a sole practitioner thereafter.

Moura, in turn, currently serves as counsel in charge of Latin America and the Iberian Peninsula. She joined ICC as deputy counsel of the same team in 2011. Moura is also the project manager of the opening of the ICC Court Secretariat’s office in Sao Paulo, which will be announced shortly. She is admitted to the Portuguese Bar. She obtained her law degree from the Universidade Católica Portuguesa in Lisbon and furthered her studies at the Instituto de Empresa Law School in Madrid. In addition to Portuguese, her native language, she speaks English, Spanish and French. Moura has ample experience in both commercial and investment arbitration, as well as commercial and corporate law.

For additional information on their appointments, please see this ICC Press Release.

 

ICC’s Danilovich Writes in FT on Importance of Services to American Economy

The Financial Times has published a letter to the editor from ICC Secretary General John Danilovich on the importance of services to the American economy. Danilovich, who has served as U.S. ambassador to Brazil and Costa Rica, writes that “tit-for-tat trade responses sparked by new border taxes could come at a considerable cost for the U.S. services sector– and the growing number of Americans whose livelihoods depend on it. When it comes to trade policy, nostalgia is no substitute for the realities of today’s global economy.”

To read Danilovich’s letter in the FT, please visit this link (subscriber log-in is required).

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.

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.

New Compliance Guide for Trade Transactions Published

The International Chamber of Commerce (ICC) Banking Commission, along with partners, the Wolfsberg Group and the Bankers Association for Finance and Trade (BAFT) recently announced the publication of a revised guidance document on Trade Finance Principles. This broader industry edition now addresses the due diligence required by global and regional financial institutions of all sizes in the financing of international trade.

The document was updated to reflect the growing regulatory expectations, as well as the more stringent application of existing regulations faced by the industry today. The collaborative effort will help standardize the practice of financial crimes compliance for trade transactions.

The publication of this document is the culmination of more than two years of work undertaken by the organizations and their members.

“In keeping with the traditional work of the ICC Banking Commission, this guidance on sound financial crimes risk management for the traditional trade products follows in the steps of the UCP, URC etc. in setting standards by which banks should conduct their trade business and to provide a sound basis for the continuation of the finance of international trade by banks, said Olivier Paul, head of policy of the ICC Banking Commission.

You can download the paper here.

USCIB in the News

ICC United Kingdom, which serves as the British national committee of the International Chamber of Commerce, was featured in the Financial Times on January 18 in response to British Prime Minister Theresa May’s speech on the UK’s position on Brexit. The article, reprinted below, is also available on the FT’s website.

We encourage you to share this with others as well as follow ICC UK on Twitter: @iccwboUK


UK BUSINESS MUST MAKE THE CASE FOR TRADE DURING EXIT TALKS

Sir, Signs that the British government will sacrifice access to the single market during Brexit negotiations are indeed worrying. I find the assertion that “many are now becoming increasingly relaxed about a hard Brexit” (January 17) genuinely concerning. The Brexit negotiations will dictate the future of UK-EU trade relationships, jobs and livelihoods for generations to come.

The UK is one of the largest trading economies in the world, so the impacts will be felt far beyond its and the EU’s borders. Whatever happens, we must all come away with a deal that works for all parties. For business, particularly small and medium-sized enterprises, retaining access to the single market is the best option — keeping red tape, costs and disruption to a minimum. Don’t be conned into thinking the numbers are irrelevant: a 2-3 per cent tariff increase can mean the difference between an SME being successful or going bust. For foreign investors, 2-3 per cent can totally change the business case for investing in the UK. More paperwork means someone has to be paid to fill it in — someone has to pay for that. International businesses do not operate in silos.

UK, EU and non-EU businesses are often intertwined through integrated supply chains that move goods, services and finance across borders. Now is not the time to put up barriers or add costs if we want more trade, jobs and investment. We must all work hard to keep borders open — this is not just a UK priority, but also a G20 priority. Negotiations haven’t even started yet. We need to remain cool headed and must not get comfortable with the idea that the UK will leave the single market. Small businesses need the next best alternative with maximum freedom and minimal red tape. UK business isn’t powerless. We must communicate with the government and electorate, we must loudly make the case for trade, and we must not give up.

Chris Southworth Secretary-General, International Chamber of Commerce, London WC1, UK

New Report on Financial Institutions and International Arbitration

L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)
L-R: Edward Turan (Citigroup), Daniel Schimmel (Foley Hoag), Samaa Haridi (Hogan Lovells), Grant Hanessian (Baker & McKenzie), Claudia Salomon (Latham & Watkins)

At the USCIB Arbitration Committee’s January 18 meeting in New York City, the International Chamber of Commerce (ICC) unveiled a new report on “Financial Institutions and International Arbitration” that assesses the banking and finance industry’s experience and perceptions of cross-border alternative dispute resolution.

Established in 1923, ICC’s International Court of Arbitration is the world’s most respected forum for the settlement of cross-border disputes. USCIB, which serves as ICC’s U.S. national committee, provides a forum for input to the development of new ICC rules, procedures and services, and nominates potential arbitrators to the Paris-based ICC Court.

The new report, prepared by a special task force of ICC Commission on Arbitration and ADR, and presented by task force co-chair Claudia T. Salomon (Latham & Watkins LLP), addresses the potential benefits of international commercial arbitration in banking and financial matters and some common misperceptions about the process. Arbitration, the report says, with its flexibility and worldwide enforcement, has the potential to become a preferred dispute resolution method for the world’s corporate and investment banks.

Task force member Edward Turan (Citigroup) said that arbitration was especially valued by financial institutions when disputes involved high-value transactions, complex instruments such as derivatives, or were of a highly sensitive or confidential nature. The ICC Commission report concludes with detailed recommendations for tailoring the arbitration process to suit the needs of the banking and finance sectors.

2016: Record number of new cases

The event also featured an update on recent developments by ICC Court President Alexis Mourre. The Court recently announced record figures for new cases filed for administration under ICC rules in 2016. According to preliminary statistics, a total of 966 new cases administered by the Court were filed in 2016 – involving 3,099 parties from 137 countries. Constituting a record year for the Court in its 94-year history, the figures reflect continuing growth of the world’s leading arbitral institution and its ongoing efforts to make ICC dispute resolution services more accessible worldwide.

“These initial findings are welcome testament to our efforts to continually adapt our services to the needs of arbitration users around the world,” said Mourre. “These efforts will continue in 2017 with plans to build further on our global presence in the year ahead.” Click here to read more on ICC’s website.

Changing of the guard at USCIB Arbitration Committee

L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)
L-R: Grant Hanessian (Baker & McKenzie), Peter Robinson (USCIB), Mark Beckett (Cooley)

USCIB President and CEO Peter Robinson provided an overview of recent developments in USCIB’s Arbitration Committee, recognizing a number of subcommittee chairs from around the country. He also extended the organization’s thanks to outgoing Committee Chair Mark Beckett (Cooley LLP) for several years of outstanding leadership and service, and welcomed incoming Chair Grant Hanessian (Baker & McKenzie).

Robinson commented: “Mark Beckett demonstrated tireless and devoted leadership over the past eight years, and presided during a period of transitions including strengthening of the USCIB Arbitration Committee and development of new institutional relationships as a result of the establishment of SICANA, the North American case-management team in New York. We have greatly appreciated his guidance, friendship and integrity. And we are very much looking forward to working with and supporting the vision of Grant Hanessian as the new Committee chair, having greatly enjoyed working with him as vice chair.”

USCIB in the News: Op-ed in The Hill on UN Funding

un_headquarters_lo-resUSCIB President and CEO Peter M. Robinson published a timely op-ed in The Hill addressing recent calls in Congress to withhold or withdraw U.S. funding for the United Nations. The op-ed, reprinted below, is also available on The Hill’s website.

This op-ed comes as President-elect Trump’s top appointees, including his proposed foreign policy team, are on Capitol Hill for Senate confirmation hearings. We encourage you to share the op-ed with your colleagues and others who may be interested.


The Hill

January 11, 2017

Walking away from the UN would harm US economic interests

By Peter M. Robinson, opinion contributor

With President-elect Trump’s key foreign policy nominees facing Senate confirmation hearings this week and next, some lawmakers on Capitol Hill are threatening to withhold or slash U.S. funding for the United Nations.

This would be a bad idea, both for American power and influence, and for our economic interests. It would be especially risky for U.S. companies and workers.

My organization — The United States Council for International Business — has represented American business views to the U.N. and other international organizations for decades.

We know the U.N. sometimes fails to measure up to our expectations, particularly when it and its specialized agencies have provided a platform for anti-business views. Why do we put up with this? Why shouldn’t we just take our chips and go home?

Quite simply, because we know that no country, including the United States, can go it alone. A strong U.S. presence in the U.N. enhances our influence and our overall security.

More than ever, at a time when terrorism, cybersecurity threats, disease pandemics and refugee crises can disrupt our lives, we need the kind of platform for close international cooperation and collective action that the U.N. can provide.

This is especially true for American companies with customers, employees and operations around the world. While we may not agree with everything the U.N. does, it is simply not in our interest to withdraw support.

We in the private sector see an urgent need for the United States to stick up for its economic interests in the U.N.

For instance, in the negotiations that culminated in the 2015 Paris Climate Agreement, the U.S. had to push back hard against proposals to undermine protection for innovation and intellectual property rights, to assign historical liability for loss and damage from natural disasters, and to ban certain technologies or energy options important to U.S. energy security and climate risk reduction.

Without strong U.S. leadership, these initiatives would have carried the day, hampering American jobs and competitiveness.

At their best, the U.N. and similar bodies set global standards and develop rules that allow U.S. businesses to plan and invest.

Recent U.N. initiatives that have helped American business and our economy include agreements that support a fundamentally “hands-off” approach to the global Internet and guidelines laying out the roles and responsibilities of the private sector and governments in upholding human rights.

Moreover, the U.N. has recently developed the 2030 Sustainable Development Goals (SDGs), addressing an array of challenges, from ending global poverty and hunger to ensuring access to energy, for the next decade and beyond.

The SDGs were developed in close partnership with the private sector, which will be responsible for “delivering the goods” in many, if not most, measures of success.

So, is the U.N. perfect? Far from it, but withholding funding or walking away from the U.N. won’t change that.

Like it or not, it is part of the fundamental infrastructure for global economic activity. Like other infrastructure, the U.N. is desperately in need of repair to meet the needs of the 21st century.

If we play our cards right, this can be a century of American-led innovation and entrepreneurship. President-elect Trump’s administration should insist that the U.N. live up to its potential, defending and advancing U.S. interests in the influential world body.

Business will be there to help. Just last month, the U.N. afforded highly-selective Observer Status in the U.N. General Assembly to the International Chamber of Commerce (ICC), the business organization that represents enterprises across the globe in numerous U.N. deliberations.

This is an important sign of progress, indicating that the U.N. recognizes the need to work more effectively with business.

(Full disclosure: My organization serves as ICC’s American chapter and we pushed hard in support of ICC’s application.)

Congress should meet U.S. funding obligations and work with the Trump administration to hold the U.N. accountable to the U.S. and other member governments, as well as to economic stakeholders in the business community.

Strong engagement and leadership in the global body by the United States is an opportunity too important to lose. American security, jobs and economic opportunities are at stake if the U.S. were to indeed walk away.

Peter M. Robinson is president and CEO of the United States Council for International Business. He is an appointee to the President’s Committee on the International Labor Organization and the Secretary of State’s Advisory Committee on Public-Private Partnerships. Robinson holds a master’s degree in international affairs from Columbia University.

The views expressed by contributors are their own and not the views of The Hill.

Registration Open for USCIB’s Arbitration Committee Annual Session

uscib-icc-logoThe USCIB Arbitration Committee will hold its annual session on Wednesday, January 18th in NYC. The luncheon will feature updates from the ICC International Court of Arbitration as well as from the United States Council for International Business. Alexis Mourre and Andrea Carlevaris, president and secretary general of the International Court of Arbitration, respectively, and USCIB President & CEO Peter Robinson will give presentations on recent developments at each institution.

Additional topics to include updates on ICC Court matters and discussion on the launch of the ICC revised Rules of Arbitration.  Amendments to the ICC Rules of Arbitration have been made with the aim of further increasing the efficiency and transparency of ICC arbitrations. The revised rules will apply beginning March 1, 2017. They provide for expedited procedure rules for cases of lower value. The main changes will be discussed, with a strong focus on features of the expedited procedure including substantive and procedural aspects. A PDF copy of the updated rules can be downloaded here .

The ICC Commission on Arbitration & ADR’s will also launch of its new Report: Financial Institutions and International Arbitration.

ICC Commission’s latest Report on Financial Institutions and International Arbitration reflects financial institutions’ perceptions and experience of international arbitration. Arbitration, with its flexibility and worldwide enforcement, has the potential to become the preferred dispute resolution method for the world’s corporate and investment banks. This one-of-a-kind interdisciplinary Report addresses the potential benefits of international commercial arbitration in banking and financial matters and some common misperceptions about the process. It concludes with a series of detailed recommendations for tailoring the arbitration procedure to suit the needs of the banking and finance sectors.

The report offers an analytical survey of arbitration in twelve banking and financial sectors and products spanning all CIB financing, capital markets, asset management and advisory mandate fields. It is the

linchpin of a new approach to dispute risk management in international banking and finance. The Report does not seek to establish rules or guidelines, but provides practical information which will be of assistance to arbitrators, counsel and parties. The program for the launch event will feature presentations given by members of the ICC Commission, Secretariat and the Task Force that produced the report.

 To register, please contact Jessica Berti at jberti@uscib.org