Competitiveness and Innovation Archives

USCIB Welcomes Senate’s Unanimous Confirmation Vote on USTR Tai

Published on March 18, 2021
Photo: Bill O’Leary/The Washington Post/Bloomberg via Getty Images

Washington, D.C., March 18, 2021—The United States Council for International Business (USCIB) salutes the Senate for its unanimous vote on March 17 to confirm Katherine Tai as the next U.S. Trade Representative (USTR), believing she is a solid choice for this important cabinet-level position, bringing outstanding experience as an attorney-advisor and litigator at USTR, as Chief Trade Counsel for the House of Representatives Ways and Means Trade Subcommittee, and as an attorney in the private sector.

America’s economic growth, jobs and competitiveness, our future, depends to a considerable degree on how well we are able to engage and compete in today’s, and tomorrow’s, global economy. USTR Tai will lead America’s efforts on some very important trade and investment issues including our leadership in the World Trade Organization (WTO), updated and improved rules on digital trade, reducing foreign trade and investment barriers hurting American companies and workers, and effectively enforcing our existing network of trade agreements. Tai’s experience with Congress, as well as her expertise in trade law, the WTO and in Asia and China will serve her, and our country, very well in ​this crucial position.

“USCIB knows and respects Ms.Tai and has worked well with her in her important role at the Ways and Means Committee,” said USCIB President and CEO Peter Robinson. “As an organization committed to open trade and investment flows, as well as high standards of corporate responsibility, all of us at USCIB and our member companies look forward to working with Ms.Tai to advance America’s economic interests and our shared values.”

Citi’s Senior Vice President and Managing Director of Global Government Affairs Rick Johnston, who also c​hairs the USCIB Trade and Investment Committee added, “Ms. Tai is the timely choice for this critical role as USTR at a very important an​d challenging time. Winning unanimous support from the Senate is a rare tribute to her abilities, her experience, and the respect she has earned from all quarters. The right leader at the right time for a very important job.”

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. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

Digital Economy Architects to Keynote at Joint OECD, Business at OECD and USCIB Conference

Published on March 16, 2021

New York, N.Y., March 16, 2021 — For the past year, the COVID-19 pandemic has required us to conduct our lives virtually and has, subsequently, highlighted the relevance of the OECD’s Internet Policy Principles (IPPs). These principles call for a global free flow of information and services, multistakeholder participation, and cooperation to ensure Internet security and privacy. With these issues in mind, USCIB joined with the OECD and Business at OECD (BIAC) to organize a Digital Economy Conference focusing on “A Decade of OECD Internet Principles: Policy-Making in a Data-Driven World.” Key experts, such as MIT’s Daniel Weitzner, Microsoft’s Julie Brill, Deputy Assistant Secretary of Commerce Christopher Hoff, Ambassador David Gross of Wiley, and Sharri Clark from the White House, as well as OECD’s Andrew Wyckoff, among others, will discuss the evolving digital ecosystem, Artificial Intelligence (AI), government access to data, and challenges to both business and policymakers.

“The IPPs, adopted in 2011, have underpinned the OECD’s evolving work on digital economy issues in the past decade,” said USCIB Vice President for ICT Policy Barbara Wanner. “These themes have also been echoed in recent digital economy work of the United Nations, the UN Internet Governance Forum, and other multilateral bodies.”

The May 25 virtual conference, officially the “Joseph H. Alhadeff Digital Economy Conference,” will consider how the IPPs have been reflected in some of the OECD’s ground-breaking digital work – such as development of the AI Principles. Industry experts will also consider how the Principles may be employed to address challenges posed by the rapid pace of digital innovation and related changes to the digital ecosystem.

Registration is now open for this conference. Please contact Erin Breitenbucher to register: ebreitenbucher@uscib.org.

Members of the press and media are also welcome to register and join.

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. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Welcomes Appointment of Mathias Cormann as New Head of OECD

Published on March 15, 2021
Mathias Cormann speaks during a Senate inquiry at Parliament House in Canberra, October 20, 2020. (AAP Image/Lukas Coch)

New York, N.Y., March 15, 2021—The United States Council for International Business (USCIB), which represents many of the world’s leading companies and which serves as the U.S. Member Organization of Business at OECD (BIAC), welcomed the announcement of Mathias Cormann, a former Australian finance minister, as the candidate to be appointed the next OECD Secretary General.

Phil O’Reilly, chair of Business at OECD, noted that the OECD’s ability to bring solutions to global challenges relies on its effective consultation with the private sector. “Our input has been critical to the success and implementation of major OECD initiatives,” O’Reilly stated. “Our strengthened collaboration will be essential to further increase the OECD’s policy impact in the coming years.”

“Multilateralism matters now, more than ever, and all of us at USCIB look forward to a productive partnership and a collaborative relationship with the new OECD Secretary General,” said USCIB President and CEO Peter Robinson. “USCIB and our members rely on BIAC’s work with the OECD to achieve the right policy responses and guidance. This cooperation will be critical as we all work together towards economic and social recovery from the COVID-19 pandemic.”

Cormann will succeed Ángel Gurría following his 15-year tenure with the Organization. “We thank Mr. Gurría for his strong leadership and look forward to hitting the ground running with Mr. Cormann to show that multilateralism delivers clear benefits for business and societies,” stated Hanni Rosenbaum, executive director of Business at OECD. Rick Johnston, Managing Director, International Government Affairs at Citibank, and a vice chair of Business at OECD, joined Robinson in expressing deep appreciation to Secretary-General Gurria for a long and cooperative relationship over his tenure at OECD.

Cormann will assume the role of Secretary General on June 1, 2021 and, upon assuming his post, will be the first person from the Asia-Pacific region to lead the OECD.

In Statement on International Women’s Day, USCIB Recognizes Setbacks Women Face Due to COVID-19

Published on March 8, 2021

New York, N.Y., March 08, 2021 — On this year’s International Women’s Day, USCIB joins the global community in recognizing the critical contributions of women in responding to, and recovering from, the COVID-19 pandemic — often at the cost of hard-fought gains in equality and economic empowerment. Our task going forward is to ensure that these gains are recovered and that progress continues.

USCIB and its members have long championed the critical role of women’s education, employment and entrepreneurship for their own and their families’ health and well-being, as well as for the health and competitiveness of the societies and economies in which we live and do business. The United Nations report on “The Impact of COVID-19 on Women ” highlights the disproportionate impact that the pandemic has had on women and girls and rightly stresses that we must keep this disparity in mind, as well as be purposeful in championing women as we undertake the task of rebuilding our economies. This shared task confronts governments, business and civil society alike.

Through our engagement in the International Organization of Employers (IOE) and Business at OECD (BIAC), we will continue to work with our business counterparts around the world to address the barriers that continue to confront women and girls and to advance the opportunities that will allow them to thrive and our enterprises to prosper.

Please visit the UN Women’s page for International Women’s Day 2021 “Women in leadership: Achieving an equal future in a COVID-19 world” for statements, stories and updates.

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. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

USCIB Leads Business in UN Discussions on Investor-State Dispute Settlement Reform

Published on February 24, 2021

USCIB Senior Advisor Shaun Donnelly and investment treaty expert Lauren Mandell from USCIB member firm WilmerHale represented USCIB at a virtual Working Group III (WG III) sessions of the UN Commission on International Trade Law (UNCITRAL).  For over three years, WG III has been discussing possible “reforms” of the Investor-State Dispute Settlement (ISDS) arbitration system.  The sessions had delegates and observers participating from around the world and every time zone. 

According to Donnelly, the European Union’s effort to establish a multilateral investment court continued to be the focus of discussions as it has been in the past three years.  Under the EU’s vision, the court would replace traditional ISDS – under which the investor appoints one arbitrator, the state appoints one arbitrator, and the parties jointly appoint the chair of the tribunal – with a “court” consisting of a pool of judges appointed solely by states, assigned to each case on a random basis. 

“The discussion last week focused on technical questions regarding how judges would be selected and appointed, including qualifications, nominations and screening procedures, and terms of office,” said Donnelly.  “However, amidst this technical exercise, numerous states, as well as USCIB and other observer groups, raised larger conceptual questions about the merits of a court. In particular, some states objected to losing their ability to appoint adjudicators in individual cases. Other states raised questions about the cost of establishing and maintaining the court.” 

The WG also started debate on the key issue of adding an appellate body which might review investor-state decisions, whether from an ISDS panel or a new investment court. USCIB actively participated in the discussions and posed many questions regarding the desirability of a court. 

As a next step, the working group tasked the UNCITRAL Secretariat with drafting legal text to flesh out the design of the court. According to Donnelly, it will be important for USCIB and USCIB member companies to actively monitor this drafting and negotiation process to ensure that the working group fully takes into account investors’ interests. 

USCIB is one of only a few non-governmental organizations representing business that is accredited to participate in the working group discussions.  

“It’s not clear how much real progress was made but there was real debate on some important issues,” Donnelly said. “My colleague Lauren and other expert observers got chances to point out major questions and problems with the EU’s investment court proposal. Increasing numbers of member states also seem to be focusing on the flaws in the EU’s radical proposal which would eliminate investors’ role in selecting arbiters. The U.S. government delegation did an outstanding job. We will continue to work with interested government delegations as well as legal, arbitration and business groups allies. We encourage more USCIB members to get involved with us in this important negotiation.”     

USCIB Informs EU With Comments on Sustainable Corporate Governance

Published on February 10, 2021

As part of the European Green Deal and the European Commission’s (EU) Communication on the (COVID-19) Recovery Plan, the EU has invited stakeholder comments during a public consultation to inform consideration of a possible EU Sustainable Corporate Governance Initiative. USCIB has submitted its comments on February 9, drawing on the expertise of its Committees on Corporate Responsibility and Labor Affairs and Environment.

According to USCIB Senior Vice President for Policy and Global Strategy, Norine Kennedy, the consultation took the form of an online questionnaire, seeking feedback on numerous elements of ESG, and exploring what form an EU-wide framework to promote due diligence, board of directors’ duty of care and stakeholder engagement should take. 

USCIB comments highlighted the fundamental importance of the UN Guiding Principles.  USCIB set out U.S. business concerns about any promulgation of rigid approaches, such as the application of tariffs, sanctions or import restrictions that rightly seek to address human rights or labor rights concerns but – due to their rigidity – inadvertently create a disincentive for long-term supply chain engagement, the use in accordance with the UNGPs of leverage in company supply and value chains, and sustainable remediation.  

“We would welcome an EU approach to these issues that would include sustainability risks, impacts and opportunities into corporate strategy and decisions, as many companies already have,” added Kennedy. “However general principles would be preferable over rigid legal requirements. Flexibility afforded to each company to decide how to include such considerations would be crucial for such general principles to be effective.”

USCIB also encouraged the EU to pursue a fuller holistic dialogue with business and other stakeholders on how to advance sustainable corporate governance in environmental and social areas.

“We support the role business can and should play in respecting human rights” said USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog.  “We strongly encourage the EU to gather business and other stakeholder views through actual dialogue and consultation, with due attention to context, such as ongoing impacts and burdens on companies because of the pandemic’s economic disruption and ongoing constraints, as well as existing business initiatives and systems.”

USCIB will continue to follow and stay in close contact with U.S. government and EU authorities as these deliberations go forward.

USCIB Statement on the WTO’s New Director-General

Published on February 8, 2021
Photo credit: Martial Trezzini/EPA, via Shutterstock

New York, N.Y., February 08, 2021: The United States Council for International Business (USCIB), which represents many of America’s leading global companies, welcomed news ​of the Biden administration’s decision to support Dr. Ngozi Okonjo-Iweala as the new Director-General of the World Trade Organization (WTO). This decision is indicative of a shift in U.S. support for the WTO and its view of the criticality of the multilateral trading system. Further, the decision has been viewed as an affirmation of the U.S. commitment to constructively address substantive and procedural reforms.

Dr. Okonjo-Iweala, who will be the first woman to lead the organization, has shared that she intends to take a more active role as Director-General and to act as a sounding board to try to find common ground among the trade body’s disparate membership. Since the departure of former Director-General Roberto Azevedo in August of 2020 and the prior refusal of the U.S. to support Dr. Okonjo-Iweala, the ​future leadership of the WTO has been uncertain.

“Open trade and global value chains are fundamental drivers for recovery from the current global crisis,” said USCIB Senior Vice President for Innovation, Regulation, and Trade Brian Lowry. “Once formally approved by the WTO General Council, Dr. Okonjo-Iweala will have the opportunity to lead the organization into a new era of increased action and inclusive multilateralism.”

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. As the U.S. affiliate of the International Chamber of Commerce, the International Organization of Employers and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org.

Donnelly Co-Authors Op-Ed in The Hill on Commercial Diplomacy

Published on February 3, 2021

USCIB Senior Advisor Shaun Donnelly and his longtime State Department colleague Ambassador (ret.) Tony Wayne recently co-wrote an op-ed in The Hill titled, “Biden’s Trade Policy Needs Effective Commercial Diplomacy.”

Wayne and Donnelly, both retired U.S. ambassadors, ran the State Department’s Economic and Business Bureau in the early 2000s; Wayne served as assistant secretary and Donnelly was his principal deputy assistant secretary.  Their recent op-ed recommends that the new Administration focus on strengthening a government-wide effort to support U.S. companies (and thereby, U.S. workers and localities) to win more business opportunities overseas in order to bolster American revenues, jobs, and global competitiveness across the United States.

According to both, the international competition is fierce, and getting increasingly more fierce every day. “Frankly other governments have upped their games in recent years, so we have some catching up to do,” they argue in the op-ed.

“High-level political support, interagency teamwork, strong Ambassadorial leadership in the field, and in-depth partnership with the U.S. private sector will be essential.”

“Both in our days together at the State Department and now as colleagues in the American Academy of Diplomacy, Ambassador Wayne and I have been working on these important issues of how the U.S. Government can best support U.S. companies and workers, to help them win more deals, contracts and partnerships around the world,” said Donnelly.  “We’ve worked with the Obama and Trump Administrations on these issues and we anticipate engaging actively with the incoming Biden team at key agencies, as well as key players at the White House, on the Hill and beyond.  The U.S. needs to up its game, play stronger offense on international commercial battlefields. I see this work as a natural extension of my earlier work at State and USTR on international economic and trade policy and also of the important work we at USCIB have been doing to support U.S. business.”

Global Business Statement on Safeguarding International Data Flows

Published on January 13, 2021

USCIB joined dozens of global associations in a letter to the EU expressing concern to ongoing developments in the European Union on international data flows. The letter notes that international data flows are an integral pillar of global trade, and any disruption to their free flow constitutes a major challenge to every economic sector.

“The recent developments in the European Union are creating deep uncertainty throughout the world, as the wide geographic variety of co-signatories to this statement demonstrates,” emphasized USCIB Vice President for ICT Policy Barbara Wanner.

In addition, the repercussions of an unduly restrictive approach to data flows, the letter notes it will also hit hard more traditional European industries, as the recent BusinessEurope-led coalition statement underlines.

“We underline the importance of providing certainty for all businesses and their data transfers to third countries,” the letter notes. “Any disruption must be avoided in order to minimise negative economic consequences, particularly in the wake of the global COVID-19 crisis and the economic recovery phase that we will enter in 2021. Crucially, our organizations believe that this can be achieved while respecting European data protection law, if a pragmatic and flexible approach prevails.”

USCIB Warns Against Tariffs on Vietnam at USTR Public Hearing

Published on January 6, 2021

As the U.S. Trade Representative (USTR) conducts its Section 301 investigation on Vietnam’s currency valuation, USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl testified before USTR at a public hearing on December 29, warning USTR that tariffs on Vietnamese goods would be detrimental to both American companies and consumers.

“Putting in place trade penalties, such as additional tariffs against Vietnam, would further work against the supply chain and national security interests of the United States,” said Hampl. “At a time when policymakers, companies, and non-government stakeholders have coalesced around the need for trustworthy and resilient supply chains, Vietnam is strongly positioned to play a leading role in that ecosystem. It is an increasingly important security partner of the United States and possesses strong capabilities in technology manufacturing. Vietnam’s presence in supply chains can serve as a complement to manufacturing in other trustworthy locations in Asia and other regions, including the United States.”

Other agencies represented on the panel included the U.S. Departments of Commerce/International Trade Administration, State, Treasury, Agriculture, and the Small Business Administration (SBA). Hampl received several follow-up questions to her testimony from State Department Foreign Service Officer Carter Wilbur.

According to Hampl, the majority of the witnesses pushed back against the use of tariffs in their comments to address any issues related to currency valuation. In a report released just a week before the hearing, Treasury labeled Vietnam as a currency manipulator. Most of the witnesses during the hearing indicated that whether or not this may be true, tariffs are not the appropriate vehicle to address this issue. Moreover, there should be deference to the Treasury process in resolving any currency related concerns.