Mulligan Attends London ICC Meeting on Brexit, WTO

London USCIB’s Senior Vice President for Policy and Government Affairs, Rob Mulligan, represented USCIB at International Chamber of Commerce (ICC) meetings with the World Trade Organization (WTO) and the British government on March 23 in London. The meeting was organized by ICC’s Trade and Investment Commission and focused on a wide range of global trade issues.  Ian Ascough, deputy director, multilateral trade, Department for International Trade, United Kingdom briefed ICC members on how the Brexit process will impact UK trade work.  He stressed their desire for a free trade agreement with the EU, no border in Ireland, and to be champions of free trade globally.  Ascough also noted that they will seek to secure a UK schedule in the WTO and build up their capability in the WTO. In discussing the implications of Brexit, Mulligan also raised business concerns related to trade, noting that “companies need sufficient transition times coming out of Brexit to address any changes related to customs, value chains, and regulatory requirements.”

Bernard Kuiten, head of external relations, WTO briefed the Commission on planning for the WTO Ministerial which will be held in Argentina this December.  Some areas that could be addressed in the Ministerial if member countries agree would include fisheries subsidies, e-commerce, services facilitation, agriculture, and investment.  The Commission also agreed to a suggestion by Mulligan to prepare a short paper on key ICC trade policy principles.

ILO Endorses Revised MNE Declaration

United FlagsThe International Labor Organization (ILO) held the 329th Session of its Governing Body (GB) from March 9-23 in Geneva. The session’s landmark outcome was an endorsement of the revised Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy (MNE Declaration), which offers guidelines to multinational enterprises, governments, and employers’ and workers’ organizations in such areas as employment, training, conditions of work and life and industrial relations. This guidance is founded substantially on principles contained in international labor conventions and recommendations.

While the original MNE Declaration was adopted forty years ago, the revised version responds to new economic realities across international trade and supply chains, addressing decent work issues, forced labor and guidance on “due diligence” processes, which are consistent with the UN Guiding Principles on Business and Human Rights.

USCIB and its members Coca-Cola, Disney, IBM and Littler Mendelson, among others, worked closely with the International Organization of Employers (IOE) to provide comments to the Tripartite Working Group.

Ed PotterUSCIB international labor counsel and member of the GB, was nominated by USCIB to serve as the U.S. employer representative to the ILO and represent U.S. business in the Working Group. Potter noted, “This is the most extensive update of the MNE Declaration since it was first negotiated in 1977. It is a forward looking tripartite agreement that applies in all countries wherever large or small MNE’s operate or have business relationships.”

“We are grateful to Ed for his tireless work on behalf of business,” said USCIB’s President and CEO Peter Robinson. “Multiple employers expressed their appreciation to me for Ed’s continuous leadership on these issues during the GB last week.”

The revised MNE Declaration can be found here.

Kazakhstan to Begin Accepting “Merchandise Passports”

Baiterek TowerNew York, N.Y., March 21, 2017 – Kazakhstan is set to become the 77th member country to accept ATA Carnets for the temporary, duty-free importation of various types of goods, beginning April 1, according to the United States Council for International Business (USCIB), which administers the ATA system in the United States.

Known as “merchandise passports,” ATA Carnets are international customs documents that allow for the temporary importation of various types of goods, duty-free and tax-free, for up to one year. In most ATA member countries and territories, including Kazakhstan after April 1, Carnets cover import of professional equipment, commercial samples and items for display at exhibitions and fairs. The worldwide ATA Carnet system is overseen by the World Customs Organization and the International Chamber of Commerce (ICC), for which USCIB serves as the American national committee.

“The implementation of the ATA system demonstrates Kazakhstan’s commitment to promoting economic growth and trade facilitation,” stated USCIB President and CEO Peter M. Robinson. “Use of Carnets will make it easier for American and other foreign companies to do business with the country, while enabling Kazakhstan businesses easier access to the U.S. and global markets.”

The Republic of Kazakhstan is the ninth largest country in the world by area and is the world´s largest landlocked nation. ATA membership by the country – long regarded as a priority for other countries in the system – will significantly facilitate trade relations between Kazakhstan businesses and their foreign partners. The Chamber of International Commerce of Kazakhstan has been designated as the official guaranteeing organization for ATA Carnets in the country.

Prior to Kazakhstan, Brazil and Indonesia were the two most recent countries to join the global ATA Carnet system. More than 180,000 Carnets are issued every year worldwide, for goods with a total value of over US$21 billion. The United States is the third-largest user of ATA Carnets, following Germany and Switzerland. The Republic of Georgia is expected to join the ATA system in the near future.

Find out more about the services offered by USCIB to facilitate cross-border trade and investment at www.uscib.org.

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

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.

UN Environment Assembly Focuses on Role of Business

Kennedy at Nairobi UNEP Meetings
Kennedy representing the Business and Industry Major Group at UNEP meetings in Nairobi 

Norine Kennedy, USCIB’s expert on environment and climate change policy and one of two official business focal point representatives for the UN Environment Programme (UNEP), recently attended UN Environment Assembly (UNEA3) preparatory meetings in Nairobi (March 7-10). UNEA represents the world’s highest-level decision-making body on the environment with universal membership of all 193 UN Member States along with non-governmental organizations and the private sector. The meetings in Nairobi began discussions to develop a new framework of of pollution-related issues for potential decisions and pledges at UNEA3; a substantial element of this framework will be the role of business in causing, remediating and minimizing pollution. UNEA3 will take place from December 4-6 in Nairobi.

UNEA3’s theme will be, “Towards a Pollution Free Planet.”  In interventions during last week’s preliminary meetings, government and UNEP officials linked this broad topic with other policy concepts underpinning regulatory efforts, including the circular economy and sustainable consumption.   Several governments also emphasized connections with UN Sustainable Development Goals (SDGs).

“At this early stage, most attention seems to be directed at plastics in the marine environment, whether in the form of micro-plastics and smaller debris,  or as plastic bottles and plastic bags, with the push coming from Nordic countries, the EU and some African countries,” observed Kennedy. “Other issues under the other pollution sub-headings could still be proposed.

Led by UNEP Executive Director, Erik Solheim, and echoed by numerous government representatives, UNEA3 preparations for UNEA3 are placing a strong focus on business and industry as a source of solutions, resources, and actions, yet much needs to be done to afford adequate time and attention to contributions that business has made to addressing environmental challenges.  “In spite of extensive partnership and engagement by business with UNEP over decades, discussions last week frequently seemed to assume that business and industry was not already engaged in environmental and sustainability management,” noted Kennedy.   In her intervention on behalf of Business and Industry, Kennedy reminded governments and UNEP of the business community’s ongoing commitment to environmental stewardship and role in advancing innovative technologies to further all elements of sustainability.

Questions remain about how UNEP will identify and invite important business entities to the table, with an emphasis on geographical and sectoral representation, rather than anecdotal examples and individual CEOs.  USCIB will continue to advocate for U.S. business involvement and representation, working with UNEP and the U.S. Administration.

USCIB Experts Quoted in Journal of Commerce Articles on Trade

container_shipUSCIB experts on trade and customs Rob Mulligan, senior vice president of policy and government affairs, and Megan Giblin, customs and trade facilitation director, were recently quoted in a Journal of Commerce article, “Trump administration unlikely to repudiate new WTO pact.” The article explores the state of bilateral and multinational trade agreements, such as the recent entry into force of the World Trade Organization’s (WTO) Trade Facilitation Agreement (TFA) and the future of the North American Free Trade Agreement.

JOC Special Correspondent Alan M Field wrote that despite the current administration’s aversion to multilateral agreements, it isn’t likely to repudiate the TFA. Field also quoted Mulligan’s views on this matter, “I don’t think that the administration has said much directly related to this agreement, but in some ways, I would expect that the provisions of this agreement are consistent with some of the things they have been saying about trying to open up borders and improve opportunities for U.S. business.”

Giblin agreed, stating that “it is important to recognize some of [the TFA’s] core messages. The TFA is critical to doing business, critical for companies. You’re going to get more transparency and predictability. The time-consuming processes at the border are going to be streamlined. You’re going to see goods moving more rapidly across the border. It’s expected to increase exports significantly.”

The full JOC story is available here, log-in required.

Giblin was also quoted extensively in a separate JOC story, “New WTO accord to speed customs clearance, cut costs” that takes a deeper dive into the TFA’s entry into force. Giblin was quoted on several aspects of the TFA, including the TFA’s value in allowing companies to understand quickly what the rules are and be able to export with assurance, “If everybody is providing the same level of transparency and ability [needed] to appeal decisions, then everyone will know how to operate,” she said. “That will lead to increased exports of products. And that will likely give a boost to the US economy and result in more jobs.”

The JOC story on TFA also quotes International Chamber of Commerce Chairman Sunil Bharti Mittal.

 

New ICC Arbitration Rules and Note

International Law And Human Rights ConceptThe International Chamber of Commerce (ICC) International Court of Arbitration recently adopted new ICC Arbitration Rules and Note, which was approved by the Bureau of the Court on February 22 and went into effect earlier this month. The Note consolidates previously existing notes into one cohesive guidance document.

“The Note is an important step towards the implementation of our new policies to foster the efficiency and the transparency of ICC arbitrations. The possibility for any party to seek the provision of reasons for a wide range of Court decisions is a landmark change as well as a message of accountability to our users,” said President of the Court Alexis Mourre.

The Note also introduces a wide range of additional services that are now available to the parties in ICC cases, such as the recommendation of administrative secretaries, services for the organization of the hearing, the organization of transparent proceedings or the use of sealed offers.

Additional information on the Note can be found here.

Wanner Represents Business at ICANN Meetings in Denmark

Wanner at ICANN Meetings in Copenhagen, Denmark.
Wanner at ICANN Meetings in Copenhagen, Denmark.

USCIB vice president for ICT policy, Barbara Wanner, attended meetings of the Internet Corporation for Assigned Names and Numbers (ICANN) in Copenhagen, Denmark last week, concluding a first of three rounds of meetings scheduled for 2017. Wanner joined 2,400 participants from business, government, civil society, and the technical community for a six-day meeting largely focused on domain name system (DNS) policy issues and inter-stakeholder discussions.

Wanner participated in DNS related meetings in her new capacity as the Business Constituency representative to the Commercial Stakeholder Group, enabling greater input to policy discussions at the executive committee level on behalf of USCIB members.

A noteworthy addition to this meeting – and reflecting heightened global concerns about protections of personal data – was a special “privacy summit,” which featured senior privacy officials from the Council of Europe and EU Article 29 Working Party. “An important result of the “summit” was recognition by the ICANN community of the need for timely, legal analysis of the implications of the EU’s General Data Protection Regulation, which goes into effect May 28, 2018, on the processing of data related to domain name registrations and related contractual obligations of companies that register domain names,” observed Wanner.

USCIB and AFL-CIO Join Forces to Support Key Programs on Labor and Human Rights

CapitolUSCIB and the AFL-CIO recently joined forces in a letter co-signed by USCIB President and CEO Peter Robinson and ALF-CIO President Richard Trumka to the House Committee on Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies and its Senate counterpart to support the Department of Labor’s Bureau of International Labor Affairs (ILAB) and the Department of State’s Bureau of Democracy, Human Rights and Labor (DRL). Robinson and Trumka serve together as members of the President’s Committee on the International Labor Organization.

Separately, USCIB submitted written testimony to the House Committee on Appropriations to continue funding ILAB’s and DRL’s grants and programs. “These department bureaus are essential for ensuring compliance with our current trade law and a level playing field for businesses operating both in the U.S. and globally. The programs and grants of ILAB and DRL are critical to both employers and workers, providing essential support to efforts of U.S. companies and worker organizations to promote worker rights abroad, uphold labor commitments in free trade agreements, eliminate forced labor and child labor, and create an enabling environment for ethical business practices,” said Rob Mulligan, USCIB senior vice president for policy and government affairs.

The joint USCIB AFL-CIO letter is available here.

Washington Conference Looks at OECD’s Role in Fostering Digital Transformation

OECD Deputy Secretary General Doug Franz
OECD Deputy Secretary General Doug Franz

Cross-border trade in digital goods and services has grown 45-fold over the past decade. How can policy makers and the business community work together to ensure that new technologies and digital applications can lead to a more prosperous, productive, inclusive and socially beneficial world? And what lessons can be learned from current discussions and related work within the 35-nation Organization for Economic Cooperation and Development (OECD)?

This was the focus of a conference today in Washington, D.C., “Facilitating Digital Transformation: The OECD’s Role,” organized by the USCIB Foundation, the educational arm of the United States Council for International Business (USCIB), in partnership with the OECD and Business at OECD (BIAC).

In opening keynote remarks, David Redl, chief counsel for communications and technology at the Energy and Commerce Committee, U.S. House of Representatives, compared extending broadband access to the construction of the interstate highway system. “Despite everyone’s best efforts, there are still parts of the United States that lack the infrastructure to meet universal availability and adoption,” he stated. Redl said government spending alone won’t get the job done. “We must also foster investment in U.S. networks, streamline regulation, and improve online trust and security to bring the benefits of the Internet to every American.”

OECD Deputy Secretary General Douglas Frantz identified several factors as key to ongoing digital transformation: improved communications infrastructure and services, new and innovative business models, improved consumer trust and privacy protection, effective policy making, and a robust approach to the challenges and opportunities posed by improvements in artificial intelligence (AI). On the latter point, he proposed that the OECD work toward some sort of policy instrument to address AI.

Andrew Wycoff, director of the OECD’s Directorate for Science, Technology and Innovation, outlined the OECD’s work to assess the G20 economies’ uneven progress to date toward enabling the digital transformation. He said the OECD’s upcoming policy recommendations would focus on the importance of boosting investment in digital infrastructure, ensuring competition in the ICT sector and the broader economy, and establishing sufficient trust in the digital economy while also making it truly inclusive.

Jacqueline Ruff, Verizon, gives remarks during panel
Jacqueline Ruff, Verizon, gives remarks during panel

During an industry roundtable on emerging technologies, Jacqueline Ruff, vice president for international public policy and regulatory affairs with Verizon, said public policy will be important to remove barriers to the deployment of fifth-generation wireless technology, while creating a pro-investment environment. “They key to 5G will be smart communities,” she stated.

Other conference panels examined questions of equity and potential negative effects of digital technologies, as well as ways to enhance trust in an increasingly connected world. Organizers said the event would help steer discussion toward practical measures to maximize the benefits of new technologies. Panelists also focused on jobs, as well as education and skills-development challenges and opportunities, posed by digital transformation and the efforts by companies, such as IBM, to create “new collar jobs” enabling a segment of workers in more mature industries to become productive participants in the digital economy.

“Getting policy right for digital innovation is a critical factor for economic competitiveness, for trust and confidence in the digital environment, and ultimately for societal well-being”, said Bernhard Welschke, Secretary General of Business at OECD. “We need to communicate the benefits of digital transformation and Business at OECD will continue to work closely with the OECD on this challenge.”

USCIB President and CEO Peter Robinson stated: “We hope that today’s discussions will enable those who may not participate directly in OECD meetings to learn more about the OECD’s work and its value to the process and substance of crafting sensible, effective policy and regulation. Whether it is in providing frameworks, or in the development of consensus-based guiding principles, the OECD has a lot to offer and think about.”

USCIB, OECD and BIAC Leadership Discuss Trade, Digital Revolution

Rob Mulligan, Senior Vice President, Policy and Government Affairs addresses OECD and USCIB members, alongside USCIB President and CEO Peter Robinson (center) and Rick Johnston, Citi (left)
Rob Mulligan, Senior Vice President, Policy and Government Affairs addresses OECD and USCIB members, alongside USCIB President and CEO Peter Robinson (center) and Rick Johnston, Citi (left)

USCIB hosted leadership from the Organization for Economic Cooperation and Development (OECD) and Business at OECD (BIAC) on March 9 in Washington DC, following a successful joint OECD-BIAC-USCIB Fostering Digital Transformation Conference the day prior. Nearly forty of USCIB’s leadership and members attended the meeting, including USCIB Vice Chair Rick Johnston (Citi) and Vice-Chair of USCIB’s China Committee Tad Ferris.

OECD and Business at OECD officials included OECD’s Deputy Secretary General Doug Frantz, Secretary General of Business at OECD (BIAC) Bernhard Welschke, Senior Policy Director at BIAC Nicole Primmer and Acting Head of the OECD Washington Center Susan Fridy.

This was a timely opportunity for USCIB, OECD and BIAC to have a roundtable discussion on a wide range of issues that are being addressed in the OECD such as tax, cross-border data flows, health, investment, digital trade, the Sustainable Development Goals and the G20. These issues were framed in a larger discussion of the role of business in the current political and economic climate in the U.S., about which Frantz said, “we need help from business to convey that free trade, open borders and anti-corruption guidelines require multilateral engagement. The U.S. and the U.S. business community benefit enormously from the work done at the OECD.”

Doug Franz, Deputy Secretary General OECD addresses USCIB members
Doug Frantz, Deputy Secretary General OECD addresses USCIB members

Frantz also emphasized the role of digital innovation in providing future growth, prosperity and equal distribution of wealth to curtail the negative effects of the digital revolution, noting “taking digital innovation and its breakthroughs and making sure that the breakthroughs are more evenly distributed through training, skills-building and education that is based on deductive reasoning, will cushion the fall for people who are at risk of losing their jobs to the digital revolution.”