TTIP: Now More Than Ever, We Need a Common Vision for the Future

USCIB President and CEO Peter M. Robinson
USCIB President and CEO Peter M. Robinson

By Peter M. Robinson, President and CEO, United States Council for International Business (USCIB)

This column was originally published in Echanges Internationaux, the magazine of ICC France, the French national committee of the International Chamber of Commerce.

The past year has been a disappointing one for transatlantic trade policy. More than ever, we must stand up for trade and investment, two keys for economic growth and job creation. Peter M. Robinson, President and CEO of the United States Council for International Business (ICC USA), puts forward some ideas for a common transatlantic business agenda.

Efforts by the United States and the European Union to negotiate a comprehensive, high-standard Transatlantic Trade and Investment Partnership have progressed at a disappointingly slow pace. As we near the end of the Obama administration (and look ahead to a Trump administration that promises a decidedly different approach to trade policy), TTIP has gotten mired in squabbling over a range of challenging issues and is now effectively sidelined.

These are challenging times for global companies and for major business organizations, including the International Chamber of Commerce and its national committees – such as ICC France and USCIB.

Strong, credible voices from business are more important than ever. The U.S., France and Europe more broadly all need more economic growth, more prosperity, more and better jobs. And as we in the ICC family know, one of the best ways to drive that growth is through increased international trade and investment. With that said, I would put forward the following as a common transatlantic business agenda that we can all agree on.

Keep pushing on trade liberalization

The U.S. and EU must keep pressing ahead on the important and challenging issues in TTIP. We cannot let the change of administration in the U.S., internal divisions within the EU, or other distractions deter us or our political leaders from achieving a comprehensive, ambitious, and balanced Transatlantic economic framework. TTIP was, and remains, our preferred option but that pathway seems blocked at least for the time being. It won’t be easy, and it won’t get done as fast as we’d like. But whether TTIP or some other comparable U.S.-EU agreement, it is more important to get a great agreement than to get a quick or easy agreement.

At the same time as we work to cement transatlantic ties, the U.S. and EU also need to keep providing strong leadership for the multilateral trading system, principally through support for and leadership of the World Trade Organization, which desperately needs a strong shot in the arm. The U.S. and Europe must work together to push forward an ambitious multilateral trade agenda for as we approach the WTO ministerial in Argentina in late 2017.

Work together on development

One key element of any WTO agenda needs to be a strong development pillar, designing and implementing creative ways the WTO trade regime can more effectively promote economic growth in the least developed countries, especially in Africa.

Through our “Business for 2030” initiative, USCIB had spearheaded efforts within the ICC network to provide proactive, constructive business participation in the UN Sustainable Development Goals and the 2030 Agenda. We would love to work more closely with ICC France and other leading ICC national committees in Europe on this effort, as we did successfully on the Paris Agreement on Climate Change. Our website www.businessfor2030.org provides additional information on this important effort.

Join forces on global taxation

Business needs clear, predictable, and fair tax regimes in order to plan and execute its operations. Both European and American business need to be more active, and more closely coordinated, in our participation in the G-20 and OECD efforts to reform global taxation. ICC France and USCIB actively engaged in the OECD’s Base Erosion and Profit Shifting (BEPS). We cannot allow the BEPS effort to get hijacked by those with an anti-business agenda.

Keep global organizations “open for business”

Unfortunately, some international organizations in the UN family are becoming hostile to the private sector, seeking to exclude business representatives from key meetings and to impose an anti-business agenda. Leading U.S. and European business groups, and the global ICC network, need to confront that discrimination, while actively supporting and growing the mutually beneficial relationships that do exist after over 70 years of consultative status with various UN agencies.

I have laid out a long and challenging agenda. I very much look forward to working with François Georges and his dynamic team at ICC France in all of these important areas. We have a lot to do, and a lot more that we can do together. Let’s get to work.

Hold the Date: ICC Institute Masterclass for Arbitrators

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

Please save the date 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 information will be circulated when it is available. If you are interested in attending, please email Alexandra Akerly.

UN General Assembly Grants Observer Status to International Chamber of Commerce in Historic Decision

  • United Nations General Assembly adopts resolution granting Observer Status to world’s largest business association
  • New role for the International Chamber of Commerce first time business given official role in General Assembly in the 71-year history of the UN
  • Landmark move will enhance business engagement on global governance issues—including implementation of the UN’s 2030 Agenda for Sustainable Development

UN_General_Assembly_hallNew York, N.Y., December 13, 2016 – In an unprecedented move, the United Nations General Assembly has today granted Observer Status to the International Chamber of Commerce (ICC) – the world’s largest business organization representing more than six million members in over 100 countries, according to the United States Council for International Business (USCIB), ICC’s American national committee.

The decision – taken by 193 members of the UN General Assembly during its on-going 71st session in New York – is the first time that a business organization has been admitted as an Observer at the UN General Assembly. The list of UN observers is highly restricted and features principally intergovernmental organizations.

The new role for ICC means that business will for the first time have direct voice in the UN system. The decision paves the way for ICC to contribute directly to the work of the General Assembly and reflects the vital role the private sector will play in implementing the UN’s 2030 Agenda for Sustainable Development.

ICC Chairman Sunil Bharti Mittal said: “This is huge recognition of the role that business can play in contributing to a better and peaceful world. There is only one route to meeting the many challenges that face our society – from climate change to mass migration – and that is for governments and civil society to work hand-in-hand with the private sector.

“Granting Observer Status to ICC sends a powerful signal that the UN recognizes business as a vital partner. We stand ready to ensure that the private sector plays a full role in meeting the ambition of the 2030 agenda.”

The resolution to grant observer status to ICC was submitted by France – ICC’s host country – and was supported by 22 other Member States. ICC already works with a wide array of UN specialized agencies and organizations around the world providing business input and expertise on issues from commercial standards through to climate change. ICC was designated as the official business representative in the processes that lead to the creation of the UN’s 2030 Agenda for Sustainable Development – a key factor in the General Assembly’s decision.

ICC Secretary General John Danilovich said: “It’s a great honor for ICC to be granted Observer Status at the UN General Assembly. ICC has a long tradition of close cooperation with the United Nations and today’s decision reflects our sustained efforts to strengthen the relationship between the UN and the private sector.

“Given the complexity of today’s global challenges, it’s vital that business has a clear voice in UN decision making. We look forward to using this unique platform to deploy fully the resources, expertise and knowledge of world business in the work of the General Assembly.”

Danilovich also gave an interview on CNBC regarding ICC’s new status. Click here to watch.

USCIB President and CEO Peter M. Robinson added: “We have strongly supported this effort since its inception and are delighted at the elevation of ICC’s status within the United Nations. This reinforces the unparalleled network USCIB has built to convey U.S. business views to governments and international policy makers. It is part and parcel of our efforts to work more closely with the UN and other intergovernmental bodies in pursuit of shared goals.”

Following today’s UN General Assembly resolution, ICC will take up its position as observer to the General Assembly on January 1, 2017.

About ICC:
The International Chamber of Commerce (ICC) is the world’s largest business organization with a network of over 6.5 million members in more than 130 countries. We work to promote international trade, responsible business conduct and a global approach to regulation through a unique mix of advocacy and standard setting activities—together with market-leading dispute resolution services. Our members include many of the world’s largest companies, SMEs, business associations and local chambers of commerce. Learn more at www.iccwbo.org.

About USCIB:
The United States Council for International Business (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. More at www.uscib.org.

Contacts:
Andrew Wilson, ICC
Tel:  +33 6 70 49 68 74
andrew.wilson@iccwbo.org

Jonathan Huneke, USCIB
Tel: +1 212 703 5043
jhuneke@uscib.org

Berlin Meetings Kick Off Germany’s G20 Host Year

Co-Chair Kathryn Porter, Hilton International; Co-Chair Mthunzie Mdwaba, IOE VP for Africa; Co-Chair Peter Robinson; Chair Gerhard Braun, Vice President of BDA
Co-Chair Kathryn Porter, Hilton International; Co-Chair Mthunzie Mdwaba, IOE VP for Africa; Co-Chair Peter Robinson; Chair Gerhard Braun, Vice President of BDA

On December 1, the first full meeting of B20 members during Germany’s G20 host year was held in Berlin. The B20 brings together private-sector representatives from each of the G20 nations and provides official input and advice to the G20. This year’s G20 Summit will be held July 7-8 in Hamburg. The B20 Summit will take place May 2-3 in Berlin.

USCIB President and CEO Peter M. Robinson took part in the December 1 event in his capacity as a Co-chair of the B20 Employment and Education Task Force, which met in parallel with all other B20 Task Forces, and for which the IOE serves as Network Partner. The International Chamber of Commerce (ICC), for which USCIB also serves as U.S. affiliate, serves as Network Partner for other B20 Task Forces including Trade and Investment.

Because of the compressed schedule for 2017 – the G20 Summit has generally been held in the fall – Germany is proceeding with an accelerated work plan, and has entered into close cooperation with the B20 in support of a manageable yet ambitious agenda.

The December 1 conference brought together all Task Forces and cross-thematic groups. It gave members of various B20 working groups the opportunity to continue their work on policy proposals, and featured addresses by leading G20 and B20 representatives. The conference was opened by German Minister of Finance Wolfgang Schäuble and B20 Chairman Jürgen Heraeus. Lars-Henrik Röller, Head of the Federal Chancellery’s Economic and Finance Division and G7/G20 Sherpa, also participated. His B20 counterpart, Stormy-Annika Mildner of BDI, played an important organizational role in the conference.

B20 Germany is co-hosted by the Federation of German Industries (BDI), the Confederation of German Employers’ Associations (BDA) and the Association of German Chambers of Commerce and Industry (DIHK)—all three USCIB partners in its global network for Business at OECD/BIAC, International Organization of Employers (IOE), and ATA Carnet, respectively.

The theme of the Conference was “Resilience, Responsibility, Responsiveness—Towards a Future-Oriented, Sustainable World Economy.” The B20 issued a statement calling for open markets and inclusive growth, entitled “Make Trade Work for Everybody. Initiated in response to troubling emotional rhetoric taking place around the world, the statement began with:

“The B20 is deeply concerned about current anti-globalization sentiments, which can be witnessed in many countries around the world. Increasingly, communities are voicing strong opposition to trade liberalization and international investment. We need to take these concerns seriously and support communities during times of change and disruption. At the same time, seemingly easy solutions risk having long-term negative consequences for business, workers, and consumers. We urge governments to resist the temptation to resort to protectionist measures such as trade barriers or investment restrictions”

Click here to read a B20 Statement for Open Markets and Inclusive Growth

G20 Scorecard

At the Berlin meetings, the International Chamber of Commerce (ICC) unveiled the latest edition of ICC G20 Business Scorecard, rating G20 responsiveness to key business policy priorities for growing the global economy, while revealing important missed opportunities G20 nations group to advance international trade and key international policy frameworks.

ICC Secretary General John Danilovich noted that ICC “is encouraged to see that G20 work is becoming increasingly responsive to priority recommendations put forward each year by business that aims to spur economic growth and job creation.”

The 2016 ICC Scorecard examined 25 business priorities developed during the Chinese B20 cycle and rates the G20’s responsiveness across seven policy areas. The overall score of 2.3 out of 3.0 across all seven policy categories marks the highest overall score since ICC began its monitoring. However, despite the positive overall trend, progress is shown to be uneven.

Click here to view the full results of the ICC Scorecard.

ICC Meeting With Head of UNEP Discusses Private Sector Approaches to Resource Efficiency

The International Chamber of Commerce (ICC) and the UN Environment Programme (UNEP) held a “Sustainable Resource Management: Business Opportunities and Economic Potential” meeting in Paris last week with 120 policymakers, industry leaders, and scientists to discuss the economic potential of resource efficiency and its role in putting the world on a more sustainable development track in line with the Sustainable Development Goals, and recommendations of last year’s UN Environmental Assembly (UNEA).

This was the first major international business meeting with UNEP’s new leader, Erik Solheim, formerly head of the OECD’s Development Assistance Committee. The Sustainable Resource Management meeting was organized as part of UNEP’s on-going dialogue with business on environmental sustainability. In his opening remarks at the event, Solheim emphasized that “practical solutions will happen in business.”

USCIB was represented at the meeting by Mike Michener, CropLife International, who serves as one of two elected business and industry representatives on UNEP’s Major Groups Facilitating Committee (MGFC), along with Norine Kennedy, USCIB’s vice president for energy and environment.

ICC Court of Arbitration Events: Issues for Colorado Businesses and Conference on International Energy Arbitration

ICC Co-Sponsored Luncheon “Key Issues for Colorado Businesses” – November 30 in Denver

ICC’s International Court of Arbitration will be one of several organizations presenting at a luncheon on “Key Issues for Colorado Businesses” in Denver on November 30, 2016. The event is organized by David Wilson, the Rocky Mountain Chair of USCIB’s Arbitration Committee and several local business organizations, including Metro Denver Economic Development Corporation, World Trade Center Denver, the Association of Corporate Counsel, and the CBA International Law Section.

This program is ideal for anyone who does business internationally and would like to learn more about international dispute resolution in general and ICC arbitration in particular. Topics will include:
• Why companies should consider providing for international arbitration in international contracts;
• Key points to include in contracts that provide for international arbitration—for example, to help save time and costs and to ensure that the arbitral award is enforceable;
• Unique features of ICC arbitration and the latest news from the ICC Court;
• Avoiding common mistakes in international arbitration.

CLE Credit is available and the cost to attend is $15. Registration is open until November 25.

4th ITA-IEL-ICC Joint Conference on International Energy Arbitration – January 12-13 in Houston

This fourth annual conference presented by the ICC International Court of Arbitration, the Institute for Transnational Arbitration and the Institute for Energy Law will address the current key influences on international arbitration in the energy sector today. Register by December 16 to take advantage of the discounted early bird rate. See detailed conference program and information on how to register.

Sponsorship Opportunities are still available for the conference! Benefits of sponsorship include exposure to thousands of constituents of the ICC, ITA and IEL, exclusive event sponsorships, complimentary registrations and the opportunity to display promotional materials at the conference.

Business Urges Governments to Advance National Human Rights Action Plans

USCIB Vice President Ariel Meyerstein (2nd from left) and IOE Secretary General Linda Kromjong (far right) at the UN Forum on Business and Human Rights
USCIB Vice President Ariel Meyerstein (2nd from left) and IOE Secretary General Linda Kromjong (far right) at the UN Forum on Business and Human Rights

As the world’s largest annual gathering on business and human rights gets underway in Geneva this week, the private sector is calling on governments to heighten efforts to develop and implement national action plans.

Bringing together over 2,000 participants – including government, business, civil society and academia – the 2016 UN Forum on Business and Human Rights is a major opportunity to assess progress in relation to the United Nations’ Guiding Principles (UNGP) on Business and Human Rights, and other current business-related human rights issues.

Endorsed by the UN Human Rights Council in 2011, the Guiding Principles comprise 31 principles and commentary based on three pillars, implementing the UN’s “protect, respect and remedy” framework. They are a blueprint for what governments and companies need to do to put in place appropriate policies to respect human rights.

With only eight countries having implemented national action plans, USCIB and its global business partners are seeking to mobilize their national representatives to call on their respective governments to develop a national plan in order to align national laws with global standards.

In a joint statement, USCIB and other business groups issued a four-point paper stating that:

  • Business supports the UN Framework and Guiding Principles and wishes to see States implement the State Duty to Protect human rights
  • States should see NAPs as the opportunity to exercise leadership to build genuine commitment and
    capacity to achieve tangible progress in standards, business behaviour and change for rights-holders
  • States should engage with the business community to learn from their experiences in dealing with
    human rights commitments, and
  • State should use the NAPs as an opportunity for collective action.

Speaking during a forum panel on human rights and investment treaties, ICC Senior Policy Manager Viviane Schiavi underscored the world business organization’s pivotal role in promoting business implementation of the UN Guiding Principles, and highlighted how the newly launched 2012 ICC Guidelines for International Investment call on investing companies to respect the human rights of those affected by their activities, consistent with the UN Guiding Principles on Business and Human Rights. Read more on ICC’s website.

Despite Clampdown, High-Seas Piracy Still a Threat

piracyKidnapping and hostage-taking persists off the coasts of West Africa and South East Asia, despite a 20-year low in piracy on the world’s seas, according to new figures from the International Chamber of Commerce‘s International Maritime Bureau (IMB).

IMB’s latest global piracy report shows that pirates armed with guns or knives took 110 seafarers hostage in the first nine months of 2016, and kidnapped 49 crew for ransom. Nigeria, a growing hotspot for violent piracy and armed robbery, accounts for 26 percent of all captures, followed by Indonesia, Malaysia, Guinea and Ivory Coast.

But with just 42 attacks worldwide this quarter, maritime piracy is at its lowest since 1996. IMB’s Piracy Reporting Center has recorded 141 incidents so far this year, a 25 percent drop from the same period in 2015. A total of 111 vessels were boarded, five were hijacked, 10 were fired at, and a further 15 attacks were thwarted.

Read more on ICC’s website.

ICC Digital Economy Commission Adds New Leaders

business people handshaking

The International Chamber of Commerce’s (ICC) Commission on Digital Economy has announced the appointment of three new vice chairs, extending regional and sector representation of its current leaders. The appointments enrich the diversity of the leadership by bringing engineering and communications savvy to existing legal expertise, according to ICC.

The three new leaders are:

Virat Bhatia
Chairman of the Federation of Indian Chambers of Commerce and Industry (FICCI) ICT and Digital Economy Committee and President, IEA, AT&T, South Asia Region

Bhatia recently joined the commission after years of actively contributing to ICC’s Business Action to Support the Information Society (BASIS) initiative. In this role he represented ICC views at the United Nation’s Commission on Science and Technology for Development and at the Internet Governance Forum (IGF), where he serves on the Multistakeholder Advisory Group. Bhatia is leading current ICC work on Information and communication technologies in relation to the sustainable development goals (SDGs).

Carolyn Nguyen
Director of Telecommunications and Internet Governance group at Microsoft Corporation

Nguyen joins the commission following active engagement in ICC BASIS, representing members during the UN General Assembly 10-year review of the World Summit on the Information Society (WSIS+10), and promoting ICC work on cybersecurity at the 2015 IGF in Brazil.

Christoph Steck
Director of Public Policy and Internet for Telefonica

Mr Steck has served the commission as a task force co-Chair, most recently leading work on regulatory modernisation. In addition, Mr Steck and Telefonica helped support ICC Brazil’s outreach to local companies and ICC BASIS engagement leading up to the IGF 2015 in Joao Pessoa, Brazil.
New talent

Commenting on these appointments, Commission Chair Joseph Alhadeff, (Oracle) said: “Virat, Carolyn and Christoph each have a record of engagement to ICC policy development and advocacy, so I am confident members will be well served by this expansion and bolstering of the commission leadership. They also share our vision to expand participation and extend sector and geographic representation to ensure the commission itself is inclusive, and that its output is both impactful and of the utmost relevance.”

The ICC Commission on the Digital Economy develops policy positions on topics spanning the Internet and telecoms, privacy and data protection, security and digital trade. It undertakes this work on behalf of users, providers and operators of information technology. USCIB interfaces with the ICC commission through our Information, Communications and Technology Committee.

US Small Business Speaks Up for Global Trade

tradematters_world_technologyInternational trade has gotten a bad rap in the U.S. electoral campaign and elsewhere around the world. Pushing back against the misconceptions around global trade is a key focus of the #TradeMatters campaign from the International Chamber of Commerce. A key feature of the campaign are testimonials from entrepreneurs and small business owners around the world explaining why trade matters to them, and how governments could make cross-border trade easier for small business.

World Technology Corporation, a New York-based exporter of environmentally friendly technologies, was recently featured in the campaign. Peter Tierney, the company’s managing director, said in his contribution to the campaign: “Exporting has helped our company stabilize its sales and provided a financial cushion during the last recession. People say what we do – exporting – is risky. We believe that not exporting in today’s global economy is a much riskier position to take.”

You can view World Technology’s posting on the ICC website here.