USCIB Delegation Makes Interventions at UN Meetings on Investment Reform

USCIB member Lauren Mandell from Wilmer Hale and USCIB Senior Director Eva Hampl represented the USCIB delegation at the meetings of the UN Commission on International Trade Law (UNCITRAL) Working Group III on Investor-State Dispute Settlement (ISDS) Reform that took place October 5-9. The meeting sought to address a variety of issues crucial to USCIB and its membership.

USCIB participated in the discussions as an observer and made interventions on alternative dispute resolution and mediation, shareholder claims and reflective loss, frivolous claims, as well as treaty interpretation.

“USCIB appreciated the opportunity to make interventions at UNICTRAL,” said Hampl. “As next steps, we are planning a briefing with the U.S. government negotiators in these discussions to take place in November.”

The next meeting of UNCITRAL Working Group III will take place April 12-16, 2021 in New York. UNICTRAL will also hold a Virtual Pre-intersessional Meeting of the working group on November 9.

Diversity in the Workplace Amid Topics at Annual Engaging Business Forum

USCIB co-organized the twelfth annual Engaging Business Forum on Human Rights on October 7, however due to COVID-19 precautions, the usual two-day forum was condensed into a virtual event. Hosted by The Coca-Cola Company every year since 2008, the Forum has gathered hundreds of practitioners to discuss leading issues at the intersection of business and human rights. Despite the virtual nature of the forum, this year was no different in terms of interest and engagement by over 500 leading practitioners.

With opening remarks from The Coca-Cola Company Chairman and CEO James Quincy and a keynote address from the United Nations High Commissioner for Human Rights Michelle Bachelet, as well as the International Labor Organization Director General Guy Ryder, participants were guided through a program that included discussion of the increasingly important role of business in respecting human rights as the world works towards a post-COVID-19 recovery that is sustainable for all. As in years past, USCIB led some of the discussions; USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog contributed her expertise on the panel “Diversity at the Workplace and Beyond – What Now Needs to Happen?”

“Diversity covers a range of factors, including age, gender, sexual orientation, race, ethnicity, religion, culture and disability,” said Herzog. “Our goal today is to explore the connection between diversity and business and human rights, as well as to bring heightened awareness of the critical role companies play in advancing progress.”

Herzog was joined on her panel by President and CEO of the Center for Civil and Human Rights Jill Savitt, Chair of the UN Working Group on Business & Human Rights Anita Ramasastry, Founder and Chair of Omnia Strategy Cherie Blair and Global Chief Diversity Officer, The Coca-Cola Company Lori George Billingsley.

The Forum was co-organized by the International Organization of Employers (IOE), the U.S. Chamber of Commerce and hosted by The Coca-Cola Company.

US Government and USCIB Look Forward to OECD Virtual Ministerial  

OECD member country high-level delegations will meet remotely October 28-29 for three-hour daily sessions of roundtable discussions following the postponement of its annual late-May Ministerial in Paris due to COVID-19. The abbreviated agenda for the Ministerial focuses on global and national recovery from the COVID-19 pandemic, including through trade and investment, sustainability and international cooperation. USCIB is preparing for the Ministerial, including active participation as part of the Business at OECD (BIAC) team in OECD preparatory high-level roundtables over the course of the fall.

Meanwhile, U.S. Government preparations for the Ministerial are being led by the Department of State—Under Secretary of State for Economic Growth, Environment and Energy Keith Krach will likely head U.S. Government participation. Spanish Prime Minister Pedro Sanchez will chair the Ministerial sessions, and OECD Secretary General Angel Gurria will also play a major role in the Ministerial deliberations.

USCIB Vice Presidents and Acting Policy Co-leads Norine Kennedy and Mike Michener consulted on the Ministerial agenda with senior staff at the Department of State and the U.S. Mission to the OECD in Paris on October 13.

“We were able to underline USCIB and international business priorities, emphasizing the role the private sector can play in restoring global economic growth and the contribution of U.S. business to COVID-19 response and recovery in that context,” said Kennedy. “Open, transparent trade and investment regimes advancing rule of law and substantive U.S. business engagement to develop, resource and deploy sustainability and COVID-19 solutions are key to enabling economic recovery.”

BIAC, with strong USCIB leadership, has been actively contributing to preparations for the OECD Virtual Ministerial. USCIB provided substantive input and expertise into the BIAC policy submission to the OECD and for the September 14 consultation for the Ministerial.  Rick Johnston from Citi (who also chairs the USCIB Trade and Investment Committee and serves as a vice chair of the BIAC Board), played a key role in BIAC’s October 7 Board meeting, which reviewed how best to represent the business agenda and priorities for the Ministerial.

“We at USCIB are encouraged that the OECD is persevering with its Ministerial this year, albeit in an abbreviated virtual format,” said USCIB President and CEO Peter Robinson.  “And we fully support the focus on national and international actions, measures and international cooperation that can drive economic recovery.  The private sector, led by USCIB member companies, can play a vital role in driving that growth and job creation. The BIAC Statement, Strengthening International Coordination to Overcome COVID-19: Business Recommendations for the Recovery, reflects USCIB priorities, highlighting the importance of technology-neutral, all-of-economy measures that balance economic, social and environment considerations as countries enact stimulus measures.”

Hampl Joins BIAC-OECD Discussion on Building Resilient Supply Chains

USCIB joined Business at OECD (BIAC) for a joint meeting on October 7 with the OECD to discuss building resilience in global supply chains to ensure that trade and investment can contribute to a robust, inclusive and sustainable recovery.

BIAC raised some key messages, such as the economic fallout from COVID-19 which has highlighted the need to strengthen supply chain resilience amid significant disruptions and containment measures that were especially stark during the early phase of the pandemic. BIAC added that because OECD work has demonstrated the gains from deepening and expanding international specialization in global value chains, the Organization should provide an important evidence-base on how countries can better prepare for future crises without disrupting global value chains and imposing restrictions at a time where global trade and investment are essential elements for innovation, job creation and getting our economies back on track.

Eva Hampl, who is leading USCIB’s work on trade and investment, participated in the conversation along with several USCIB members including from Apple, DHL, JPMorgan, Walmart and Pfizer.

In her remarks, Hampl noted the critical role of government cooperation as business is working to strengthening supply chains. “Consistency and predictability is critical for business,” said Hampl. “That’s why government cooperation and engagement with business is necessary to find effective solutions. This is where the OECD can provide crucial value by facilitating the conversation between business and governments.

USCIB to Present Proposal at APEC on Fighting IP Crime, Illicit Trade

During this week’s virtual Asia Pacific Economic Cooperation (APEC) meeting of the Intellectual Property Rights Expert Group (IPEG) as part of the third Senior Officials Meeting (SOM) this year, USCIB will be presenting a proposal on October 7 on fighting intellectual property crime and illicit trade in counterfeit and pirated goods. This presentation will be given by USCIB Anti-Illicit Trade Committee (AITC) Chair David Luna of Luna Global Networks and Vice Chair Fernando Peña of DHL.

The proposal presented by Luna and Peña builds on previous groundwork in APEC on fighting illicit trade in various working groups, such as IPEG, the APEC Business Advisory Council, the Sub-Committee on Customs Procedures, and others, as well as scaling current efforts to strengthen international cooperation across economies, sectors and communities to fight illicit trade, including in established Free Trade Zones in the APEC region.

Luna and Pena will also discuss how COVID-19 further mutated criminality and IP infringement across online and e-commerce marketplaces, including through illicit trade, that is putting the health and safety of APEC citizens and communities at risk. Examples of products affected include medicines, personal protective equipment (PPE), medical supplies and fast-moving consumer goods such as food, hand-sanitizers and disinfectants.

“This has resulted in increased trade in illicit goods throughout APEC economies, which has sapped governments of vital tax revenues, inhibiting funding for pandemic response and economic recovery,” added USCIB Director for Customs and Trade Facilitation Megan Giblin. “We must continue to promote APEC’s leadership through public-private partnerships in APEC and across the Asia Pacific region and globally fight illicit trade.”

Hampl Discusses Role of Open Markets, Inclusive Multilateralism in COVID-19 Recovery

USCIB Senior Director for Trade and Financial Services Eva Hampl provided a U.S. business perspective at the Joint Conference on Reviving the Global Economy by Opening Markets and Enhancing Cooperation. The event was co-organized by the China Council for the Promotion of International Trade (CCPIT) and the International Chamber of Commerce (ICC) on September 28.  During her panel, Hampl discussed what USCIB has been focusing on to advance open markets and an economic recovery from the COVID-19 pandemic.

“We have been active in all available forums to advocate that governments refrain from misusing the COVID-19 pandemic to adopt arbitrary, discriminatory or protectionist policies which only disrupt supply chains and put further strains on the economy – this also includes measures already in place that are now being justified by the pandemic,” said Hampl. “We consistently emphasize the crucial role of open trade and global value chains as fundamental drivers to recover from this global crisis.”

Hampl also discussed longer-term solutions, such as diversifying supply chains, so that global issues, such as a pandemic, do not endanger the reliable supply of necessary goods and services.

According to Hampl, the pandemic has highlighted the transformative power of digital technologies.

“Companies across all sectors stepped up to work closely with governments and other stakeholders to respond to urgent medical, economic and social needs by deploying and driving digital technology solutions,” said Hampl. “Looking ahead, digital technologies have the potential to shape the sustainable recovery from the pandemic. This also includes accelerating the digitization of government services such as licensing, permitting, tax collection and procurement.”

Hampl also emphasized the importance of global cooperation through multilateral institutions and discussed the role of inclusive multilateralism in the context of the COVID-19 outbreak.

“A COVID-19 response must be an ‘all hands on deck’ approach,” she noted. “When USCIB advocates for multilateralism, we mean multilateralism that promotes peace, cooperation and social justice, relies on effective and transparent multilateral bodies, advances collaborative approaches among states, encourages international dialogue and cooperation to design and implement effective policies and, finally, engages business across all sectors and other stakeholders in substantive dialogue and partnerships.

To view the video in English, please click here.

What COVID-19 Has Taught Us About Digital Transformation of the Economy

USCIB released a thought piece with concrete policy recommendations on “What COVID-19 has Taught Us About Digital Transformation of the Economy: Early Lessons Learned,” with a specific focus on the role of digital technologies, including on the issues of infrastructure, connectivity, capacity building and the digital divide, data flows and trust, as well as on the importance of Artificial Intelligence. To download, please click here.


The COVID-19 pandemic has highlighted the transformative power of digital technologies. These cutting-edge technologies not only have enabled real-time information exchanges about the virus, but also have facilitated the provision of critical medical services and government financial support for business and individuals as well as provided a means of continuing commercial and economic activity. The ability to connect online has served as a lifeline to literally millions of global citizens anxious for safe, virtual social engagement and a way to continue their children’s education, among other societal needs.

Responding quickly to the global crisis, companies across all sectors stepped up to work closely with governments and other stakeholders to deploy and drive digital technology solutions in response to these urgent medical, economic, and social needs. Whether it be via AI-powered applications, enhanced broadband connectivity, cloud computing services, data and cybersecurity or other digital technologies, companies in all sectors have been proving how important digital technology is for the health and well-being of all.

Even more important, digital technologies have the potential to shape a sustainable recovery from the pandemic, including accelerating the digitization of such government services as licensing, permitting, tax collection and procurement. Key to realizing this, however, is a policy framework that creates an enabling environment for investment in technology innovation and deployment. Such policies may address economic, social/cultural, technical, and governance issues, all of which are interlinked and cross-cutting. This holistic approach will best enable development of a secure digital infrastructural foundation to realize greater resilience and preparedness in the face of whatever natural or man-made challenge we may face going forward.

As of September 2020, the COVID-19 virus still was far from under control – and was anticipated to remain a challenge well into 2021.  U.S. business regards the following issues as key early lessons from the COVID-19 crisis. These lessons will require the urgent attention of policymakers to address healthcare, employment, education, commercial, and economic development needs in the near-term. Equally important, is imperative that we accelerate policy implementation in order to realize the best chance of a soft landing and solid return to commercial and economic activity when the pandemic eventually has been conquered through rigorous scientific means.

Infrastructure, Connectivity, and Spectrum – Public policies should focus on fostering robust connectivity. The benefits of digital transformation in responding to a global crisis can only be realized if there is adequate broadband infrastructure and spectrum.  In addition, the availability of licensed spectrum for exclusive use and shared use as well as unlicensed use has an important and complementary role in promoting the accessibility of the Internet and its developmental potential. There are many important uses of spectrum, including broadcast and mobile broadband as well as for Wi-Fi.

Policy Recommendation – Governments should incentivize investment in broadband technologies and streamline regulatory policies in order to facilitate broadband deployment, focusing on under-served areas. In addition, effective and technologically neutral management of spectrum – and increasingly scarce resource — must be a priority for policymakers while ensuring the integrity of services offered by existing spectrum license holders.

Capacity Building and Bridging the Digital Divide – The COVID-19 crisis highlighted the gap between the digital “haves” and “have nots,” the latter group suffering most acutely from the virus access to healthcare and medical resources. In a 2017 report, the International Telecommunication Union (ITU) found that while more than 7 billion people now have access to voice services, more than 70 per cent of those living in the least developed countries (LDCs) still cannot afford a basic Internet connection, and less than half the people in the world regularly use the Internet.

Policy Recommendation – In order to proactively safeguard against the devastating effects of future crises, the global community must join in building digital and connectivity capacity in developing countries as well as enabling the necessary digital skills, especially for marginalized communities, to fully utilize internet connectivity.

Closing the E-Government Utilization Gap – Related to the above, the pandemic also exposed significant gaps in the ability of our governments to pivot online quickly to provide services.  Government services simply have not digitized fast enough or taken full advantage of the availability of broadband to improve their customer service, capacity, resiliency, adaptability, transparency, and security. Not only is the physical infrastructure lacking, but the rules for provisioning virtual services and teleworking for government employees remain unclear as well.  Given the demonstrated capacity and capability of our networks, governments are suffering from a utilization diffusion lag, which particularly harms marginalized and vulnerable communities.

Policy Recommendation – Governments should take aggressive steps to address their technology utilization gaps and leverage the capacity and capability of networks to conduct government business and offer online citizen services. In doing so, governments should ensure data and cybersecurity are prioritized to protect government and citizen information and harness the benefits of cloud computing for operational efficiency. To speed the rebuilding of the economy, governments should prioritize the digitization of the licensing and permitting process, such as in construction, to provide rapid stimulus to a global economy slowed by COVID-19. Governments also should leverage public-private partnerships and invest in the development, deployment, and procurement of digital services for the benefit of their citizens.

Data Flows and Trust – U.S. business embraces the view that the free flow of data and information is critical for economic development and addressing societal needs. The pandemic underscored the imperative for medical professionals around the world to share data in real-time critical to containing and mitigating the virus. That could not happen if a country’s policies hampered data flows. At the same time, however, U.S. business realizes that the medical, economic and other societal benefits enabled by data flows will only be embraced by consumers, businesses, and governments who trust the online environment. Users must feel confident that the privacy of their personal data will be respected and that their online systems are secure.

Policy Recommendation – Business believes that trust in the online environment is best achieved through risk-based and globally interoperable approaches to privacy and security protections. These conditions will ensure that data free flows with trust, an approach endorsed by the G20 countries in 2019.

Data and Cybersecurity – The importance of data and cybersecurity to the accelerated digital transformation brought on by the pandemic should not be understated.  As business and government networks have become more decentralized with remote work, new data and cybersecurity risks and vulnerabilities have emerged. Organizational leaders have needed to ensure they are extending the same security capabilities and best practices in their enterprise networks to all at-home network environments, leveraging cloud-delivered security technologies to do so rapidly and at scale. The pandemic has reshaped many global governments’ understanding of critical infrastructure and “essential” services, to better recognize the complex and interdependent nature of modern supply chains and that data and cybersecurity are essential to business continuity. 

Policy Recommendation – Governments should recognize the criticality of cybersecurity to continuity of essential services across all critical infrastructure sectors; help educate businesses and citizens about data and cybersecurity risk management and their respective responsibilities related to secure remote networking; incentivize the use of cloud-delivered security to enable secure remote workforces and schools at scale; and promote greater voluntary sharing of cyberthreat information and online safety best practices.

E-Commerce and Delivery of Essential Goods and Services – While the COVID-19 crisis accelerated digital transformation in general, the accelerated progress was especially evident with respect to the online sale and provision of goods and services. E-commerce driven by large companies and SMEs alike helped to ensure economic continuity especially during the early stages of the COVID-19 pandemic.

Policy Recommendation – Policies should be reviewed and updated, if necessary, to ensure that they do not impede expeditious online provision of goods and services, including public sector services.

Importance of Artificial Intelligence (AI) – The pandemic highlighted how AI could be used to control the impacts of the virus as well as aid mitigation. For example, Amazon Web Services (AWS) launched the AWS Diagnostic Development Initiative, committing $20 million to accelerate diagnostic research, innovation, and development to speed collective understanding and detection of COVID-19 and other innovate diagnostic solutions to mitigate future infectious disease outbreaks.  More broadly, U.S. business recognizes the potential of AI to address economic, societal, and environmental inequalities. AI and other virtual/augmented reality technologies will continue to evolve and develop in ways that will facilitate mitigation of future crises.

Policy Recommendation – Business believes that existing regulations are sufficient for many AI applications and that any new requirements should be carefully considered in consultation with stakeholders to ensure they are narrowly tailored to address specific concerns as they arise. It is essential that all stakeholders work together to shape the development of AI to foster trust and broaden deployment so we are poised to use it effectively in addressing future crises.

USCIB Submits Comments to USTR on China’s Compliance With WTO

USCIB submitted comments on China’s compliance with WTO commitments on September 17. The comments were in response to the U.S. Trade Representative’s (USTR) request for input. In its comments, USCIB welcomed the “Phase One” trade agreement between the United States and China, as well as China’s actions to date to implement its commitments under that agreement. According to USCIB, if fully implemented, the agreement will help address a host of policies and practices maintained by China that undermine the ability of U.S. businesses to operate, including unfair and discriminatory governmental practices.

USCIB also noted that U.S. tariffs and Chinese retaliatory tariffs imposed as a result of the U.S. Section 301 investigation into China’s forced technology transfer, intellectual property, and innovation policies have been disruptive to U.S. business.

“While the Phase One deal partially addresses some of these tariffs, more must be done to restore the ability of U.S. business to compete effectively in the global marketplace,” said Eva Hampl, who leads USCIB’s policy work on China. “As described in this submission, many issues affecting business remain a concern in China. Accordingly, high-level bilateral dialogue between the United States and China continues to be of the utmost importance.”

USCIB urges both countries to utilize, in addition to the World Trade Organization (WTO), the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations. Plurilateral dialogues that include U.S.-friendly jurisdictions such as the European Union, Canada or Australia should also be considered.

“USCIB and its members understand and appreciate that U.S.-China economic relations are complex and multifaceted, and that American business holds a direct and important stake in this relationship and in its success,” added Hampl. “As the world’s largest economy, China’s practices and policies have a significant impact on its trading partners, and engagement with China can be challenging.”

Due to the COVID-19 pandemic, there will not be a public hearing this year. USCIB’s submission is public and can also be found on www.regulations.gov under Docket Number USTR-2020-0033.

 

ILO Reaches Ratification on Worst Forms of Child Labor

USCIB applauds the recent universal ratification by the International Labor Organization’s (ILO) Convention on the Worst Forms of Child Labour. All 187 Member States of the ILO supported ratification. The Convention forms the basis for international action to eliminate child labor; its application assists governments globally in developing and adopting effective national laws and policies to eliminate child labor practices. The ILO works with employers, trade unions and governments globally to develop and adopt these standards as part of its unique tripartite approach to work issues.

Child labor has dropped forty percent between 2000 and 2016, but progress has slowed in recent years, particularly among children aged five to eleven and in some geographic locations. Additionally, the COVID-19 pandemic presents an additional risk to progress, potentially leading to the first increase in child labor for the first time in twenty years.

The United States, through the strenuous efforts of the Bureau of International Labor Affairs (ILAB) at the U.S. Department of Labor (DOL), was an early and prolific supporter in the global efforts to eliminate child labor. DOL funding and collaboration has been central to the ILO’s work through the International Program on the Elimination of Child Labor, which has supported over 100 countries in their efforts to eliminate child labor, especially the worst forms.

ILO Director-General Guy Ryder held a virtual ceremony on August 4 to mark the occasion.

USCIB Submits Comments on USMCA Labor Chapter to US Trade Representative

Following the entry into force of the United States-Mexico-Canada Agreement (USMCA) on July 1, the United States Trade Representative (USTR) has requested comments on the procedures for submissions alleging violations under the Labor Chapter. USCIB and its members have been vocal supporters of the inclusion of a Labor Chapter in the USMCA and its Annex which would increase protections for workers abroad, promote business continuity and encourage efficiency.

On August 14, USCIB submitted comments to USTR and  the Interagency Labor Committee for Monitoring and Enforcement (Interagency Labor Committee) with recommendations, such as allowing USCIB to participate and provide information to the Committee as labor unions are invited to do. USCIB is the national employer body recognized by the International Labor Organization (ILO).

The comments also called for greater elaboration of specific procedural provisions. “The interests of all stakeholders should be considered when carrying out labor-related mandates and due process needs to be safeguarded,” said USCIB Vice President for Corporate Responsibility Gabriella Rigg Herzog. “We look forward to lending USCIB’s unique expertise in our continued work with USTR