Thevenin Serves as Arbitrator at Annual Vis Moot Practice Session

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

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.

Fighting for American Business: USCIB in the News in 2017

Throughout 2017, USCIB President and CEO Peter M. Robinson, alongside other USCIB leaders and staff, garnered important coverage from the news media on issues critical to USCIB members. Policy issues ranged from NAFTA and the need to enshrine investor protections to the need for reform at the United Nations.

USCIB members and committee leaders, particularly Jerry Cook of Hanesbrands and Tam Nguyen of Bechtel, also made headlines on issues such as customs and trade facilitation and the evolution of corporate sustainability standards, respectively.

“USCIB won important news coverage in a wide variety of areas,” said Jonathan Huneke, USCIB’s vice president for communications and public affairs. “Thanks to outstanding thought leadership from USCIB President Robinson, as well as committee leaders and our staff experts, we were able to consistently punch above our weight, holding our own in a crowded media environment.”

Read the full 2017 media review here. To request an interview with a USCIB expert, contact USCIB Communications.

IGF Discusses Gender, Trade, Digital Security and More

Speakers from L-R: Heshadharani Poornima (India), Barbara Wanner (US Council for International Business), Jennifer Chung (DotAsia), Louise Marie Hurel (Gender Youth/Youth Observatory), Bruna Santos (Gender Youth/Youth Observatory, Brazil)

More than 2,000 stakeholders from business, government, civil society, the technical community, and academia gathered in Geneva, Switzerland December 18-21 for the 12th Internet Governance Forum (IGF). The four-day conference featured wide-ranging discussions under the overarching theme, “Shape Your Digital Future.” USCIB Members joined global business colleagues under the aegis of ICC-BASIS in urging that the IGF continue to serve as a forum for mulitstakeholder discussions about Internet governance issues and as an incubator of ideas and best practices about how to most effectively address opportunities and challenges in the digital ecosystem.

ICT Policy Committee Chair Eric Loeb, senior vice president, international external and regulatory affairs, AT&T, provided the business perspective on Internet governance issues in a special high-level thematic session, “Shaping our Future Digital Global Governance,” which officially opened the IGF. Paying tribute to the late Joseph Alhadeff, former USCIB board member and ICT Policy Committee vice chair, Loeb highlighted how Alhadeff approached Internet governance with collegiality, collaboration and empathy, with an eye to solving immediate problems but not losing sight of where we need to be. “In this spirit, the IGF facilitates working together across respective and varied interests to achieve progress and share issues,” said Loeb told the standing-room-only opening plenary.

USCIB members and USCIB Vice President, ICT Policy Barbara Wanner made important contributions on leading topics of this year’s nearly 200 IGF workshops. Wanner who spoke on the panel, “Navigating Gender and Youth Challenges: Telling Stories about Women, Technology, and Creation,” emphasized the role of both governments and business in ensuring that the digital gender divide is bridged.

“One of the largest barriers to many women and youth in terms of entering the digital system has to do with culture,” said Wanner. “A government cannot simply have on the books policies that ensure equal rights.  They have to follow up and see that the laws are properly implemented and effectively transcend cultural mores that can hold back women of all ages. I have been very inspired by the various initiatives pursued by USCIB members aimed at developing STEM skills and coding by young women to enable their involvement in the digital economy.  Going to the heart of my topic, though, I would say that business also is keenly aware of the importance of enabling generational exchange as a means of bringing more youth and women into the digital ecosystem.”

Additional topics discussed during the IGF included digital trade, artificial intelligence, cybersecurity and the “Internet of Things.” Additionally, the OECD’s Going Digital project was featured in a special session, which enabled USCIB members to reiterate points of support and concern offered by Business at OECD (BIAC) at the November meeting of the Committee on Digital Economy Policy.

ICC Marketing Commission Looks to Bring Sense to Debate Over Children’s Advertising

ICC Marketing & Advertising Commission members met at Microsoft’s San Francisco offices.

Amid a year-long celebration of the 80th anniversary of the International Chamber of Commerce’s landmark global marketing code (formally known as the ICC Consolidated Code of Advertising and Marketing Communications Practice), ICC members gathered in San Francisco on December 4-5 to discuss emerging challenges to the self-regulatory framework exemplified by the ICC Code.

The ICC Marketing and Advertising Commission, chaired by Brent Sanders, associate general counsel with Microsoft, meets twice annually, and this gathering marked the commission’s first visit to the West Coast in several years. Among the guest speakers was Jurgen Van Staden, privacy and public policy manager at Facebook, who addressed the evolving landscape for advertising self-regulation in a fast-evolving digital landscape and encouraged ICC members to ensure that the ICC Code remains fit for purpose.

Top of mind for many participants were new regulatory threats that may impose overly stringent constraints on the marketing of products to children and teenagers. National and global regulatory bodies are increasingly focused on the topic, and many policy responses seek to address “up-aging” (increasing the upper age limit of childhood), limitations on screen time, and privacy and data security, as well as many other concerns.

According to Jonathan Huneke, USCIB’s vice president for communications and public affairs, who attended the ICC meetings, business representatives are seeking to bridge the significant divergence of regulatory practice between the United States, the European Union and other jurisdictions.

“Not surprisingly, national standards for marketing and advertising can vary widely between countries,” he said. “To take one example, the EU’s soon-to-be-implemented General Data Privacy Regulation imposes an absolute right to privacy that may complicate efforts to comply with the U.S. Children’s Online Privacy Protection Act, where restrictions on the use of data is less restrictive for those aged 13 and over. But that’s just the tip of the iceberg when it comes to potential regulatory divergence.

ICC members agreed to develop a toolkit to respond to threatened bans on marketing to children and teens, drawing upon the ICC Code, as well as related ICC guidance on food and beverage marketing, online advertising, and other issues. They will also explore conducting an outreach and educational campaign for policy makers around the world, to raise awareness of self-regulation as an effective means of maintaining high standards of marketing and advertising practice.

Commission members also reviewed proposed changes to the ICC Code in the areas of data-driven and interactive marketing. The next meeting of the ICC Marketing and Advertising Commission will take place in Paris in late June. You can view and download copies of the ICC Code and many other resources on marketing and advertising at ICC’s Codes Centre website.

Read more about USCIB’s Marketing and Advertising Committee here.

USCIB 2017 International Leadership Award Dinner Honors Mastercard CEO and Celebrates SDGs

The 2017 USCIB Award dinner at the United Nations. L-R: Terry McGraw (S&P Global), Ajay Banga (Mastercard and 2017 honoree), Amina Mohammed (United Nations), Peter Robinson (USCIB)

At last night’s USCIB 2017 International Leadership Award Dinner, USCIB members and representatives of the international community turned out to honor Mastercard President and CEO Ajay Banga and celebrate the private sector’s contribution to the United Nations’ Sustainable Development Goals (SDGs). The dinner, which was held at United Nations headquarters in New York, drew over 220 high-level private sector individuals, UN dignitaries as well as press and featured keynote remarks by UN Deputy Secretary General Amina Mohammed.

“Business leaders are ever more eager to work with governments on the 2030 Development Agenda,” said Mohammed, praising the involvement and “sustained momentum” that has been achieved by the private sector to date. While urging the private sector to continue working towards the achievement of the goals by 2030, she also noted, “The UN itself needs to change since it has not yet fulfilled its full potential.”

USCIB President and CEO Peter Robinson, who gave welcoming remarks, highlighted 2017 milestones for the business community in aligning actions with the UN’s 2030 Development Agenda. “This has been a watershed year for American business in terms of focusing its attention on the importance of working effectively with international institutions – not just the UN, but also the G20, OECD, ILO and so many others,” said Robinson. “A key milestone came toward the end of last year, when the International Chamber of Commerce, one of three global business organizations for which USCIB serves as the American affiliate, won top-level Observer Status in the United Nations General Assembly.”

Terry McGraw, chairman of USCIB and chairman emeritus of McGraw Hill (now S&P Financial) echoed Robinson’s sentiments stating, “With elections and changing government leaders and priorities in the United States and literally around the world, it is more important than ever for business to stand up and continue to press forward an agenda that will strengthen important institutions and rules by which we work and trade.” McGraw also specifically acknowledged the role of the UN, noting, “To build a better world, we need institutions like the United Nations to function effectively and harmoniously, representing not just all of their member governments, but all interested stakeholders.”

Ajay Banga (Mastercard) and Eric Roston (Bloomberg News) engage in a fireside chat during the dinner

However the award honoree Banga emphasized that more needs to be done. “More than 2 billion adults around the world don’t have access to formal financial services, and the majority of them are women,” he said. “They have no way to do the things we take for granted – pay a bill, save money for a rainy day, borrow on reasonable terms. They are trapped in a cycle of poverty and faced with systemic barriers to the resources that would allow them change their situations and contribute to the growth and resilience of their communities. The private sector has a major responsibility and role to play in driving financial inclusion and, ultimately, inclusive growth, by bringing investment, innovation and scale to the table.”

The leadership award, which was established in 1980, is presented to a leading CEO, international figure or institution, and recognizes outstanding contributions to global trade, finance and investment, and to improving the global competitive framework in which American business operates. In honoring Banga, USCIB also recognized Mastercard’s leading work in global financial inclusion. Upon accepting the award, Banga was joined by Eric Roston, chief sustainability editor with Bloomberg News, for a “fireside chat” exploring Banga’s thoughts on business leadership and sustainability.

The gala event also served to showcase the private sector’s efforts to align its activities with the SDGs, including via a new video, spotlighting a number of USCIB member companies, for the Business for 2030 web platform launched by USCIB two years ago. Please visit www.Businessfor2030.org to learn more about what companies are doing to achieve the SDGs.

Banga’s other achievements include leadership roles as member of the U.S. President’s Advisory Committee for Trade Policy and Negotiations and as a founding trustee of the U.S. – India Strategic Partnership Forum. He also served as a member of President Barack Obama’s Commission on Enhancing National Cybersecurity. Prior to Mastercard, Banga was chief executive of Citigroup’s Asia Pacific. He began his career at Nestle in India, where he also spent two years with PepsiCo.

Fall/Winter 2017 Issue of International Business Now Live

USCIB’s “International Business” Fall/Winter 2017 issue is now live!

The Fall/Winter 2017 issue features USCIB President and CEO Peter M. Robinson‘s column on “The Global Goals: a blueprint for partnership and action” as well as articles on developments in the UN General Assembly, NAFTA and the World Trade Organization, plus news from our global network–Business at OECD, the International Organization of Employers and the International Chamber of Commerce.

“International Business,” USCIB’s quarterly journal, provides essential insight into major trade and investment topics, a high-level overview of USCIB policy advocacy and services, USCIB member news and updates from our global business network.

Subscribe to USCIB’s International Business Magazine

Subscriptions to “International Business” are available free upon request to representatives of USCIB member organizations. Contact us to subscribe.

Non-members may subscribe to “International Business” and other USCIB print publications at an annual rate of $50 (U.S.) for domestic delivery, or $75 for overseas delivery. Contact us to subscribe. USCIB’s annual report, studies from the United States Council Foundation and related publications are included with your paid subscription.

Our free electronic newsletter, “International Business Weekly,” provides regular updates on USCIB’s major activities and priorities. Click here to view a sample issue. Click here to subscribe.

We welcome outside submissions and inquiries regarding our publications – send them to news@uscib.org.

We welcome advertising in International Business magazine — special discounted rates for USCIB member organizations! Contact Kira Yevtukhova (kyevtukhova@uscib.org) for more information.

Hampl Addresses the Costs of Corruption and Bribery on Panel

USCIB’s Eva Hampl second from left. Photograph courtesy of Washington College of Law

As the OECD celebrated 20 years of the Anti-Bribery Convention last week, USCIB’s Director for Investment, Trade and Financial Services  Eva Hampl took part in a panel at the event “Celebrating the OECD Anti-Bribery Convention at 20, the FCPA at 40 & Addressing the Challenges Ahead”.

Hampl addressed the cost that corruption and bribery present to business and the important role the OECD plays to level the playing field in that regard. Specifically, companies from OECD countries, who have to comply with the OECD Anti-bribery Convention, compete with companies from non-OECD countries that are not subject to the same anti-bribery measures.

“This leads to unfair competition and can even create an environment favorable to corrupt practices,” warned Hampl. “U.S. companies of course have to comply with the FCPA, which means they spend a significant amount of resources on developing anti-corruption policies and compliance programs as well as training systems for employees so that they are well-equipped to withstand demands for corruption.”

Other speakers at the event included Stuart Eizenstat, former domestic policy advisor, President Carter & U.S. Ambassador to the EU, Under Secretary of Commerce, Deputy Secretary of Treasury, Drago Kos, chair of the OECD Working Group on Bribery, as well as officials from the Department of Justice and anti-corruption experts from international and policy organizations.

The OECD Anti-bribery Convention is a landmark instrument addressing the bribery of foreign officials. The OECD, with its multi-disciplinary nature, has the capacity to take a coordinated approach to the right against corruption. While we commend the work the OECD has already done in this space, there are several issues where USCIB advocates for further work to be done: (1) Increased adherence to the Convention, particularly b G20 countries; (2) Increased efforts to address the demand side of bribery (i.e. bribe solicitation and extortion by public officials); (3) More measures to facilitate voluntary self-disclosure; and (4) Addressing the growing complexity and costs of complying with multiple anti-bribery regimes by promoting clarity and greater international consistency.

Additionally, Hampl also attended the event No Turning Back: 40 Years of the FCPA and 20 Years of the OECD Anti-Bribery Convention. The agenda included speakers from various U.S. government offices that play an integral part enforcing the FCPA, OECD officials, foreign government officials, representatives from academia and international institutions, as well as the private sector, including General Electric and Citibank. The keynote address to kick off the event was given by Acting Assistant Attorney General Kenneth Blanco.

Business Dialogue at Climate COP Underscores Need for Inclusive Engagement

Continuing a series of Business Dialogues at UN Climate Conference meetings (COPs) in Doha, Warsaw, Lima and Marrakesh, the Major Economies Business Forum on Energy Security and Climate Change (BizMEF) and USCIB organized a successful Business Dialogue on Sunday, November 12 in Siegburg, Germany on the margins of this year’s UN Climate Conference, known as COP23.

BizMEF is a partnership of over 20 major multi-sectoral business organizations – including USCIB – from major economies and international sectoral organizations.

This year’s BizMEF Business Dialogue discussed where business can contribute to national pledge development and review, and how business can be involved in the global review of pre-2020 climate action by countries and business, known as the Talanoa Dialogue, to be administered by Fiji.

USCIB and BizMEF have called for the establishment of a recognized channel for business engagement on these and other elements of the Paris Agreement and UNFCCC.  BizMEF’s 2017 COP23 Issue Papers address business issues and are now available here.

The dialogue featured Fijian Ambassador to the EU Deo Saran. Fiji holds the presidency of this year’s climate negotiations, and will facilitate the Talanoa Dialogue.  Ambassador Saran stated: “We are aiming for a COP that delivers tangible results and inspires a race to the top.  When it comes to climate change action, each of us has a responsibility, including business. We are all in the same canoe.”

USCIB President and CEO Peter Robinson called for an open, inclusive framework for business engagement in the UNFCCC and the Paris Agreement. He welcomed the Talanoa Dialogue as “a way to bring together and consider the diverse national experiences and actions, to understand what has worked well, and identify where changes could be made to promote progress.  It is to be a dialogue, not a zero-sum negotiation. As such it is well suited for inclusion of business know how and experiences.”

The BizMEF Business Dialogue brought together over 50 participants from among government delegations, business leaders, academics and officials from the UNFCCC and relevant international organizations. High-level speakers at the event included:

  • Tomasz Chruszczow, Poland, SBI chair (Subsidiary Body for Implementation)
  • Marion Ferrat, IPCC Working Group III (Intergovernmental Panel on Climate Change)
  • Yvon Slingenberg, director general for environment, European Commission
  • Ambassador Patrick Suckling, [minister of?] environment, Australia
  • Trigg Talley, head of the Office of Global Change, U.S. Department of State
  • Jun Arima, professor of energy and environmental policy, University of Tokyo

Norine Kennedy, USCIB’s vice president for environment, energy and strategic international engagement, highlighted the growing issue of perceived conflict of interest and proposed sectoral bans at the UNFCCC and elsewhere in the multilateral system.  “We need to move forward, not backward,” she remarked. “If business and industry have contributed to climate change, it should be equally true that we play a significant role in tackling climate change. The reality is that it will not be possible to meet the objectives of the Paris Agreement without the robust and coordinated participation of the global business community in all its diversity.”

USCIB will continue to represent the private sector at COP23, through its conclusion on November 16. USCIB will also host an “on-the-ground” webinar from Bonn for USCIB members on Wednesday, November 15.  For more information on the webinar, please contact Mia Lauter (mlauter@uscib.org).

USCIB Participates in UN Meeting on Proposed Human Rights Treaty

Gabriella Rigg Herzog speaks on behalf of Employers at Human Rights meeting in Geneva

USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog  traveled to Geneva last week to represent Employers at the United Nations Intergovernmental Working Group on transnational corporations and other business entities with respect to human rights (IGWG). Chaired by Ecuador, the meeting followed two IGWG sessions in 2015 and 2016 which entailed general discussions on issues including the scope and applicability of a proposed binding instrument. This third meeting focused on a “Draft Elements” paper which was drafted by the Chair and served as a deliverable from the first two sessions.

As in previous sessions, business and key governments clearly stated their view that a treaty was unnecessary, and could risk distracting time and focus from the established global consensus surrounding the primacy of the UN Guiding Principles on Business and Human Rights (UNGPs) as the authoritative global framework that sets out the roles for governments and business on protecting and respecting human rights, and the need for greater access to justice for victims of alleged corporate-related human rights abuse. Additionally, business and key governments stressed that focusing solely on transnational corporations was not appropriate, and that any future instrument should cover all business entities, in particular, national companies.

Herzog made two interventions during the proceedings, focusing on legal liability and on international cooperation. On legal liability, Herzog underscored that “States have the primary duty to develop strong national institutions, as well as promulgate and effectively enforce domestic laws covering ALL companies within its borders, regardless of whether they participate in global supply chains or not.” Given that, Herzog emphasized the need to “avoid creating a two-tiered compliance system, whereby individuals, communities or workers that suffer business-related alleged harms involving TNCs have greater protections, but the rest get lesser or diluted protections and remediation.”

On international cooperation, Herzog highlighted the power of peer pressure, and existing UN mechanisms that could be leveraged by governments to encourage other governments to fulfil their State duty to protect human rights  – including through the development of National Action Plans in accordance with the UNGPs. “Peer pressure between States can be realized under the existing architecture by better harnessing the Human Rights Council’s Universal Periodic Review process.” said Herzog. “We understand that States are starting to receive more recommendations from other States on the topic of business and human rights. This process could be used to encourage more “national action plans” (NAPs) on business and human rights that take note of the guidance prepared by the UN Working Group.”

According to Herzog, NAPs have not had as much attention in this third session because there is no explicit reference to them in the “elements” paper. “This is a pity,” she said in her intervention. “Taking aside the critique that some existing plans could have included more focus on the third pillar of the UN Guiding Principles, NAPs are a practical and useful tool.”

Herzog also emphasized in her comments that “international cooperation” is a broad topic that expands out beyond the specific discussions of this third session. The international business community is actively involved in a large number of initiatives on how to respond to social, labor and environmental challenges across the world, including the UN 2030 Agenda for Sustainable Development (SDGs). Human rights are a central part, and the SDG agenda explicitly seeks to harness global partnerships and bring together governments, the private sector, civil society, the United Nations system and other actors and mobilize all available resources.

This third meeting concluded with some confusion over next steps, with the Chair expressing the position that its IGWG mandate would continue until a treaty was drafted and agreed. Other key parties, however, believe the Chair needs to seek a renewal of its 3-year mandate next summer from the Human Rights Council in order to proceed with a fourth meeting. USCIB will continue to monitor developments on this issue closely.