Only Three More to Go for WTO’s TFA Entry Into Force

The World Trade Organization’s Trade Facilitation Agreement (TFA) is likely to enter into force within the next week. Only three more ratifications are now required to reach the 110-country threshold for the agreement to take effect.

The TFA is critical to business, creating more jobs, transparency and predictability while reducing costs and cutting red tape at borders.

Research has shown that implementation of the WTO TFA could reduce global trading costs, on average, by nearly 14.5 percent and cut trading costs for low income countries by at least an estimated 13 percent; nearly 14 percent for lower – middle income countries and nearly 13 percent for upper -middle income countries. Implementation of the TFA can also create up to 20 million jobs and add over $1 trillion to global trade flows.

On January 20, Nigeria became the 106th country to ratify the WTO TFA. Prior to Nigeria, Mozambique deposited its instrument of ratification at the WTO. Mozambique, was joined by St. Vincent and the Grenadines, which deposited its instrument of ratification at the WTO on January 9, 2017.

USCIB Senior Director for Customs Megan Giblin who has been working on the TFA since 2015 noted that “USCIB’s focus has been primarily on the ratification of U.S. FTA partners as well as APEC economies. Outreach efforts and advocacy will continue.”

Countries who have accepted the Agreement:

Hong Kong China, Singapore, the United States, Mauritius, Malaysia, Japan, Australia, Botswana, Trinidad and Tobago, the Republic of Korea, Nicaragua, Niger, Belize, Switzerland, Chinese Taipei, China, Liechtenstein, Lao PDR, New Zealand, Togo, Thailand, the European Union (on behalf of its 28 member states), the former Yugoslav Republic of Macedonia, Pakistan, Panama, Guyana, Côte d’Ivoire, Grenada, Saint Lucia, Kenya, Myanmar, Norway, Viet Nam, Brunei, Ukraine, Zambia, Lesotho, Georgia, Seychelles, Jamaica, Mali, Cambodia, Paraguay, Turkey, Brazil, Macao China, the United Arab Emirates, Samoa, India, the Russian Federation, Montenegro, Albania, Kazakhstan, Sri Lanka, St. Kitts and Nevis, Madagascar, the Republic of Moldova, El Salvador, Honduras, Mexico, Peru, Saudi Arabia, Bahrain, Bangladesh, the Philippines, Iceland, Chile, Swaziland, Dominica, Mongolia, Gabon, the Kyrgyz Republic, Canada, Ghana, Mozambique, and St. Vincent and the Grenadines.

 

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 

General Electric and McDonald’s Honored With ACE Awards for 2016

McDonald’s Director of Global Government & Public Affairs Sam Tatevosyan and State Department Special Representative for Commercial and Business Affairs Ziad Haidar
McDonald’s Director for Global Government & Public Affairs Sam Tatevosyan alongside Ziad Haidar, State Department special representative for commercial and business affairs

The U.S. Department of State recently held its 18th annual Awards for Corporate Excellence (ACE).  Two leading USCIB member companies, General Electric and McDonald’s, headed the list of six recipients honored for exceptional proactive corporate responsibility programs in specific foreign countries.  Deputy Secretary of State Tony Blinken handed out the awards in an impressive ceremony in the Benjamin Franklin State Dining Room.  Under Secretary for Economic Growth Cathy Novelli and Special Representative for Commercial and Business Affairs Ziad Haidar also participated in the ceremonies.  USCIB Vice President Shaun Donnelly, a former U.S ambassador and State Department official, represented USCIB at the event.

General Electric and McDonald’s were the two winners in the “Inclusive Hiring Practices” category.  GE was honored for co-founding the country’s first all-women business services center, which now employs over 1,000 Saudi and non-Saudi women, servicing a fifth of the company’s worldwide service needs. Mazen Dalati, chief operating officer of GE Saudi Arabia and Bahrain, accepted the award.  GE Chairman and CEO Jeff Immelt also spoke via a video message.

McDonald’s Deutschland was also honored in the “Inclusive Hiring Practices” category.  McDonald’s Deutschland has led by example to support refugees’ integration into Germany’s society and workforce. Since 2015, McDonald’s Deutschland has employed over 900 refugees across the country. The company also provided over 20,000 online German Language learning course licenses to help refugees prepare for the workforce in Germany. Sam Tatevosyan, McDonald’s director of global government and public affairs, accepted the award on behalf of McDonald’s Deutschland and the entire company.

Other winners included Andela (Nigeria) in the “Small and Medium Enterprise” category, Bureo (Chile) and Interface (Philippines) in the “Sustainable Oceans Management “ category, and Freeport McMoran for “Transparent Operations” category for its Cerro Verde copper mine in Peru. U.S.-based companies operating overseas are nominated for these annual awards by the local U.S. ambassadors.  Competition is intense with many deserving nominees ever year.  GE is repeat winner, having been recognized in 2007 for its work in Indonesia.  Previous winners over the past 18 years included USCIB companies such as Coca-Cola (Philippines and Egypt), Intel (Vietnam), Proctor and Gamble (Nigeria and Pakistan), Cisco Systems (Israel and Jordan), Goldman Sachs (Chile), and Chevron (Nigeria).

The audience at last week’s ceremony included U.S. government officials, foreign ambassadors, the business community and the media.  The ceremony was webcast around the world by the Department of State. More details on the Department of State’s ACE awards program, the ceremony, and this year’s winners can be found here.

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.

BIAC Holds Business Day to Discuss OECD Role at G20 and B20

biac_business_daySenior business leaders from BIAC’s global membership and key OECD representatives met on December 8 at the OECD in Paris to discuss OECD’s Contributions to the G20 and the B20. The high-level panel addressed the G20 and the German Presidency and was framed by panels addressing policy topics in Employment and Education, Responsible Business Conduct/Anti-Bribery, Trade and Investment, Digital Economy, and Energy, Climate and Resource Efficiency. The day was rounded off by remarks from Frédéric Sanchez, president of France’s business association, MEDEF, and CEO of Fives.

 

USCIB was represented by Jonathan Huneke, USCIB’s vice president for communications and public affairs, and BIAC Vice Chair and USCIB Board Member Rick Johnston.

 

For more information on BIAC’s Business Day, please visit their website.

USCIB Facilitates Dialogue on US-China Cybersecurity

USCIB’s Eva Hampl (center) and Barbara Wanner alongside Tad Ferris, Foley and Lardner (right)

USCIB facilitated an off-the-record dialogue with U.S. Government officials on the topic of U.S.-China cybersecurity last week in Washington DC. The meeting brought together officials from the White House, FBI, Department of Homeland Security, Department of Commerce, and USTR. After brief introductions by Tad Ferris, partner at Foley & Lardner LLP and chair of USCIB’s China Committee, Barbara Wanner, USCIB’s vice president of ICT policy and Eva Hampl, USCIB’s director, investment, trade and financial services, the group received a strategic overview of the U.S.-China cybersecurity relationship from Christopher DeRusha, senior cybersecurity advisor, Office of the Federal Chief Information Officer.

Discussions focused on the issue of cybersecurity from the perspective of different agencies. One of these perspectives was highlighted in a panel on trade-related aspects of the U.S.-China cybersecurity relationship, which was discussed by Jonathan McHale, deputy assistant USTR for Telecommunications and Electronic Commerce Policy, Office of the U.S. Trade Representative and Christopher Wong, international trade specialist, Office of China and Mongolia, Department of Commerce.

Another panel addressed progress on law enforcement cooperation and international cooperation against third party threats.  This was discussed by Amit Kacchia-Patel, unit chief, Federal Bureau of Investigation and Jordana Siegel, director, international affairs, Department of Homeland Security.

Hampl_Cybersecurity_Mtg12162016
USCIB’s Eva Hampl moderates panel at U.S.-China Cybersecurity Meeting

“Cybersecurity is an issue of growing concern for USCIB members, which is reflected in our submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade, as well as our annual Statement on China’s Compliance with its WTO Commitments” said Hampl.

USCIB also recently signed on to a multi-association letter on China’s draft Cybersecurity Law and related pending cybersecurity regulations and measures.

Click here to read USCIB’s submission of Priority Issues for the U.S.-China Joint Commission on Commerce and Trade (JCCT)

Click here to read USCIB’s Statement on China’s Compliance with its WTO Commitments

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

ICC Marketing Commission Takes Action on Several Fronts

On December 5 in New York, USCIB helped host a semi-annual meeting of the International Chamber of Commerce (ICC) Commission on Marketing and Advertising. It was, in the words of one member, among the most productive the commission has held in recent memory, with approval of several key statements on global marketing practices and regulatory challenges.

For eight decades, ICC has played a critical role in developing cross-border standards for marketing and advertising. The Consolidated ICC Code of Advertising and Marketing Communication Practice is the gold standard for self-regulation of the industry. Since its introduction in 1937, it has served as the foundation and cornerstone for the codes of most self-regulatory systems around the world.

The ICC commission is chaired by Brent Sanders (Microsoft), who also chairs USCIB’s Marketing and Advertising Committee. We will circulate reports on individual initiatives in the days and weeks to come, but here is an overview of the meeting’s major outcomes, as reported by USCIB Vice President Jonathan Huneke:

  • A new ICC Statement of Code Interpretation/Reference Guide on Advertising to Children has been approved by the ICC Executive Board.
  • Members are nearing completion of a new ICC Guide for Responsible Mobile Marketing Communications.
  • Work is beginning on expanded ICC guidelines on online behavioral advertising, to address issues related to mobile such as location data.
  • Members endorsed a draft ICC paper on labelling and packaging measures impacting on brand assets, developed jointly with the ICC Commission on Intellectual Property. Following approval by the ICC Executive Board, the document will be disseminated for advocacy purposes by affected industries in specific countries.
  • The commission is gearing up for a full revision of the Consolidated ICC Code in conjunction with its 80th anniversary (in 2017) as well as ICC’s centennial celebrations in 2019.