Competitiveness and Innovation Archives

USCIB Delivers Statement on Trade Deficit at Commerce

Published on May 22, 2017
Eva Hampl delivers testimony on behalf of USCIB at U.S. Department of Commerce

As the Trump administration seeks to reorient U.S. trade policy toward bilateral agreements, bilateral trade deficits have been put forward as a marker of the health — or lack thereof — of U.S. commercial relations with a given country. USCIB has taken up this issue in a recent statement to the Department of Commerce, as well as a public testimony that was delivered by USCIB’s Director for Investment, Trade, and Financial Services Eva Hampl on May 18 at the Department of Commerce.

In her testimony, Hampl emphasized USCIB’s view that trade deficits are a product of broader macroeconomic factors, not trade policy, and that the trade balance should not be viewed as a straightforward indicator of a country’s economic health. “While it is useful to address trade barriers that impede access for U.S. goods and services exporters to specific markets, we should not set up bilateral trade balances as the metric of successful trade policies,” she said.

Hampl concluded with 5 USCIB recommendations for the Administration:

  • Examine the trade deficit within the broader set of macroeconomic factors that determine it and include all elements of trade in the analysis, instead of focusing solely on bilateral manufactured goods trade balances.
  • Work with experts around the U.S. Government, international organizations, and academia to get the best data possible to guide the best policy making. We need much better measurements of real trade flows and value added, including in complex global supply chains and in services. We also need better data on FDI flows, both inward and outward.
  • Move aggressively to open foreign markets, and identify and combat foreign trade barriers to increase U.S. exports and improve our trade balance. We support the use of appropriate enforcement tools including the WTO, bilateral and regional trade agreements, U.S. trade laws, and efforts to open those markets and to combat illegal foreign subsidies and dumping into the United States.
  • Accelerate U.S. Government “commercial diplomacy” efforts to support U.S. companies competing to win deals overseas.
  • Reform the U.S. Government’s economic policies, including tax reform, regulatory reform, and energy development, to bolster the competitiveness of our firms, allowing them to win more and bigger deals overseas.

 

USCIB Meets With Secretary of Labor Acosta and Other U.S. Officials at CBP and State

Published on May 18, 2017
L-R: Chair of USCIB Customs Committee, Jerry Cook (Hanesbrands), Acting Commissioner Kevin McAleenan (U.S. Customs and Border Protection) and Peter Robinson (USCIB)

USCIB President and CEO Peter M. Robinson  was in Washington earlier this month for several high-level meetings with key U.S. government officials, including one with the new Secretary of Labor Alexander Acosta. Robinson was joined by USCIB’s Senior Vice President for Policy and Government Affairs Rob Mulligan and USCIB Senior Counsel Ronnie Goldberg. The meeting focused on preparations for the G20 Labor and Employment Ministers meeting in Bad Neuenahr, Germany, as well as the Global Employers Summit and “B20/L20” dinner meeting the day before. Robinson raised the recent recommendations of the B20 Labor and Employment taskforce on which he serves as a Co-Chair.

Acosta and USCIB’s representatives discussed ways to highlight U.S. government and business leadership in Business at OECD’s work on women’s participation in the workforce, as well as the ILO’s work on apprenticeships. “We look forward to working with Secretary Acosta on these and other important issues for our members and invited him to speak to our Corporate Responsibility and Labor Affairs Committee in the fall,” said Robinson. USCIB also teamed up with the Department of Labor to support a social media campaign around the G20 labor ministerial on how governments can do a better job of matching training and skills development with the needs of employers.

Robinson also met with Acting Commissioner of U.S. Customs and Border Protection Kevin McAleenan, who has been nominated by President Trump to serve as commissioner. Robinson was joined by USCIB staff and several member company representatives including the chair of the USCIB Customs Committee, Jerry Cook, who is vice president for government and trade relations at Hanesbrands. “USCIB expressed strong support for the work of CBP and its team, noting USCIB’s longstanding engagement with CBP on customs policy issues as well as the ATA Carnet program—a unique relationship as a business partner covering policy and operations,” said Megan Giblin USCIB’s director for customs and trade facilitation. During the meeting, USCIB member representatives identified various issue areas of concern related to customs valuation, implementation of the WTO Trade Facilitation Agreement, engagement with the work of the World Customs Organization, and continued progress and eventually closure on ACE, forced labor, e-commerce, and more. Acting Commissioner McAleenan said he is committed to working closely with USCIB in pursuing his goals for CBP as well as working with us to address our objectives.

Finally, Robinson also met with Acting Assistant Secretary of State for Economic and Business Affairs Patricia Haslach. A number of member companies again joined the USCIB team for this meeting to discuss a range of concerns with the attitudes of many international organizations towards business engagement and the need for the U.S. government to counter some of the negative trends. USCIB Vice President Norine Kennedy, calling in from the UN climate change meetings in Bonn, noted the mounting effort by NGOs and some governments to exclude business from the climate change talks. Others noted that these efforts are following on from policies adopted at the World Health Organization last year to limit business participation in health-related policy discussions. The discussion also covered recent UN work on access to medicine and World Bank efforts to foster national networks instead of working with the private sector on payment systems. Ambassador Haslach promised to work with USCIB in tackling these issues. “To be effective, it will be critical that the U.S. government is part of the discussions at these international organizations,” noted Robinson.

Industry Appeals to China on Cybersecurity Law

Published on May 15, 2017

With China’s broad cybersecurity law set to take effect next month, USCIB has joined with a range of industry groups from the United States and other countries in appealing for the country to delay its entry into force. Among other things, the new law would give law enforcement enhanced authority to access private data and require data to be stored servers located in China.

In a joint letter, the business groups said they are “deeply concerned that current and pending security-related rules will effectively erect trade barriers along national boundaries that effectively bar participation in your market and affect companies across industry sectors that rely on information technology goods and services to conduct business.”

The letter called on China to ensure that cybersecurity regulations comply with China’s World Trade Organization (WTO) commitments and encourage the adoption of international models that support China’s development as a global hub for technology and services.

Upcoming Arbitration Events: Global YAF

Published on May 15, 2017

International Chamber of Commerce (ICC) Global Young Arbitrators Forum (YAF) Event:

ICC Young Arbitrators Forum (ICC YAF) is organizing its 6th Global Conference in New York City on June 9-10, 2017 with a welcome reception on June 8. The conference will be hosted by Columbia Law School. The event will host preeminent speakers from Latin America, North America, Europe, Middle East and North Africa and Asia.

Additional program details, registration and a detailed agenda are available here.

State Department Briefs USCIB on US National Action Plan

Published on May 12, 2017
Melike Yetken (U.S. Department of State) addresses the USCIB Corporate Responsibility and Labor Affairs Committee

Melike Yetken, a senior advisor for corporate responsibility with the U.S. Department of State, provided an update for approximately 40 USCIB members on May 2 on the U.S. National Action Plan on Responsible Business Conduct (NAP). Yetken’s update was part of USCIB’s bi-annual Corporate Responsibility and Labor Affairs Committee, which took place over two days in Washington, DC. In her update, Yetken discussed the goals of the NAP – to emphasize positive contributions and to mitigate negative aspects and highlight that the U.S. is the only government that has written a NAP on responsible business conduct.

“This first U.S. NAP lays a great foundation,” said USCIB Vice President Gabriella Herzog, who recently came on board to lead USCIB’s practice on corporate responsibility and labor affairs. “This is particularly so since it brings together in one place all of the initiatives in which the entire U.S. government has been engaged for years – and in many instances, leading global efforts, whether on government transparency and anti-corruption or forced labor, child labor and human trafficking.”

USCIB co-hosted the first public consultation on the NAP two years ago and has since advocated alongside its global partners and other major business organizations for the U.S. and other governments to develop these strategic planning tools to implement the State Duty to Protect under Pillar 1 of the UN Guiding Principles on Business and Human Rights. When done well, NAPs can help support businesses in implementing their responsibility to respect human rights in their own operations and those of their business partners.

Committee Chair Laura Rubbo of Disney presided over these meetings, which were hosted at the offices of Foley and Lardner. The meeting spanned various pressing topics such as the OECD Due Diligence Guidance for Responsible Business Conduct, the International Labor Organization’s (ILO) program on decent work in global supply chains, the Customs Tariff Act of 1930 and human rights and mega-sporting events. USCIB members also heard from former USCIB staffer Adam Greene in his capacity as senior advisor for the Bureau for Employers’ Activities at the ILO who gave an exclusive update on the ILO Program on Decent Work in Global Supply Chains.

 

Giblin Speaks on American Bar Association Panel on Customs

Published on May 9, 2017

USCIB’s Director for Customs and Trade Facilitation Megan M. Giblin spoke at the spring meeting of the American Bar Association Section of International Law event last Friday, April 28. The event featured more than 60 panels highlighting different aspects of the theme of the conference – “New Leaders, New Laws: 2017 and Beyond.” Giblin spoke on a panel titled “U.S. Measures to Combat Human Trafficking; Responses in the Corporate World,” along with Alice Kipel of U.S. Customs and Border Protection (CBP), Ken Kennedy of U.S. Immigration and Customs Enforcement and Eric Gottwald of the International Human Rights Forum.  The panel was tied to the topic of forced labor and the provisions of the Trade Facilitation and Trade Enforcement Act (TFTFA) of 2016, which repealed the “consumptive demand” clause in 19 U.S.C. §1307.  The focus was on what happens at the ICE and CBP levels on the issue of forced labor, the work industry is carrying out as members are getting caught up in the import prohibition tied to the issuance of Withhold Release Orders (WROs) by the CBP Commissioner, as well as the matter of submissions made by, for example, Civil Society Organizations seeking action under 19 U.S.C. §1307.

Since 15 days after the passage of TFTEA, CBP has not been enforcing the “consumptive demand clause” there have been a series of WROs issued by the CBP Commissioner. All WROs now relate to specific companies in China. The product scope is stevia and its derivatives, peeled garlic as well as a series of chemicals some that can be mined and later manufactured into viscose rayon, for example. No new WROs have been issued since late 2016.

CBP is focused on stopping a specific shipment at time of import, ICE is focused on criminal actions tied to forced labor. What is clear is that the discretions are not the same.

As communicated by then CBP Commissioner Kerlikowski in Congressional testimony in September 2016, we know that there have been shipments stopped by CBP at time of import, which have resulted in either U.S. importers having to re-export the shipments and/or the importers having to provide significant amounts of information to CBP to prove that the specific shipment is clear and free from forced labor. Further, we understand that not only have some shipments been released by CBP for re-export, some shipments have been released for entry into the commerce of the U.S.

The main issue from the customs side is that once a WRO is issued and a there is a submission that links a specific importer, to a specific shipment, to a specific entity listed in a WRO, then U.S. import shipments can and are being detained at the customs border. The shipments are stopped under suspicion that the goods may have had forced labor in their supply chain. “From an industry perspective, there is concern over a shipment being held, transparency over why a shipment has been stopped, timeliness of communications with the importer, brand impact because of a a shipment being detained, not to mention that if information is shared about an importer who’s shipment is stopped there is not always clear communication to parties once an importer has proved  its supply chain is clean and the shipment has been released into the commerce of the U.S.,” said Giblin during her panel. “The regulations are from the 1960’s. Today’s supply chains, global value chains are extremely complex and lots of information must be provided to prove they have a clear supply chain.”

USCIB in the News: Business and the UN Climate Process

Published on May 8, 2017
USCIB Vice President Norine Kennedy and CEO Peter Robinson at COP21 in 2015.

The Financial Times has published a letter to the editor from USCIB Vice President Norine Kennedy on the role of business in the UN climate change talks — please see below. The op-ed is also available on the FT’s website.

Publication of this letter comes as UN members gather in Bonn, Germany for talks leading up to this December’s COP23 summit. A few governments and interest groups have called for new rules aimed at restricting the private sector’s participation in the UN climate process. Kennedy’s letter forcefully rebuts these efforts.

Financial Times

May 4, 2017

Letter

Business takes its climate responsibilities seriously

From Norine Kennedy, New York, NY, US

Sir, Regarding “Developing nations seek to reveal business influence on climate talks” (May 1): the UN is at its best when it opens its doors to all relevant stakeholders. Potential conflicts of interest pertain to all organisations, not just business associations. Business representatives are obliged to abide by all UN rules as a condition of their attendance at UN meetings.

We take this responsibility seriously. Just two years ago, my organisation joined others from around the world in celebrating the Paris Climate Agreement. The political will needed to reach consensus in Paris was spurred in part by support from business. Now, disappointingly, some wish to disinvite the private sector.

Since it is business that will deliver the lion’s share of the investment and innovation needed to confront the climate challenge — a fact recognised in the Paris Agreement — shouldn’t the conversation include business representatives? How else can governments and other stakeholders develop effective policy frameworks to unlock potentially game-changing solutions?

Norine Kennedy
Vice President, Energy and Environment,
United States Council for International Business,
New York, NY, US

B20 Summit Attendees Reaffirm Commitment to Open Trade

Published on May 1, 2017
B20 Chair Jürgen Heraeus hands over the B20 Policy Recommendations to German Chancellor Merkel at the B20 Summit in Berlin

The two-day B20 Summit took place on May 2-3 in Berlin, Germany with the theme “Resilience, Responsibility, Responsiveness – Towards a Future-oriented, Sustainable World Economy.” Approximately 700 representatives from the B20 met for the final summit of the German B20 Presidency. USCIB’s President and CEO Peter M. Robinson was among them in his capacity as Co-Chair of the B20 Employment and Education Taskforce.

Among the many meetings that took place during the summit was an International Chamber of Commerce (ICC) G20 CEO Advisory Group that was facilitated by ICC Germany.  The meeting was chaired by ICC Secretary General John Danilovich.  ICC First Vice-Chairman John Denton also participated in the meeting, which brought together Group members at both Deputy and CEO levels, together with representatives from ICC Argentina, ICC Germany, ICC United Kingdom, and USCIB’s Robinson.

The meeting of the ICC Group was able to benefit from the participation of B20 Germany Sherpa Stormy-Annika Mildner. Mildner provided a detailed briefing of latest B20 activities and lessons learned thanking ICC for its sustained and substantive participation in the B20 task forces and working groups, and said that the summary of B20 recommendations would be presented to Chancellor Angela Merkel and sent to B20 members.  She explained the G20/B20 “compact with Africa” initiative – a partnership between the B20/G20 and 5 African countries (the Ivory Coast, Morocco, Rwanda, Senegal and Tunisia) to improve sustainable private sector development in African countries.

ICC Argentina Chairman Victor Dosoretz gave an update on preparations for the G20/B20 under Argentine presidency in 2018.  He explained that the six main business associations in Argentina – which were all part of ICC Argentina – would work together in an organizing committee for the B20.  Union Industrial Argentina Vice President Daniel Funes de Rioja, outgoing chairman of the International Organization of Employers, had been appointed as B20 Chairman by the Argentine government.  The B20 sherpa had not yet been selected.

The B20 Summit officially got underway with remarks by B20 Chairman Jurgen Heraeus who emphasized that the B20 managed to craft consensual positions on all major issues.  The B20 was united in its belief that trade increases prosperity worldwide, that protectionist policies are misguided and that policies are needed to help people who felt left behind by trade and technological change.

The B20 Task Force on Employment and Education, which is co-chaired by Robinson and which makes recommendations to the G20, promotes open, dynamic and inclusive labor markets, harnessing the potential of technological change through better education and training, and creating a global level playing field and promotion of fair competition for globally operating companies. The task force’s leaders recognize the need to address unemployment, raise labor force participation, improve education and work-force qualification and create framework conditions for quality jobs to ensure sustainable economic and financial development.

“With a high level of unemployment globally, employment and education have become core topics of the G20 and the B20,” said Robinson. “To address employment and training gaps, we [the B20 Employment and Education Taskforce] released a series of recommendations on investing in skills development, implementing commitments such as the ILO G20 training strategy and using technology as a complementary tool to improve access and adaption.” The B20 Taskforce on Employment and Education policy paper can be viewed here.

The G20 Summit will take place from July 7-8 in Hamburg, Germany.

OECD Organizes Industry Meeting Ahead of June Ministerial

Published on May 1, 2017

Ahead of June’s OECD Ministerial, Denmark, which holds the OECD presidency this year, organized a joint Business at OECD (BIAC) and the Trade Union Advisory Committee to the OECD (TUAC) consultation in Copenhagen with OECD member governments. USCIB’s President and CEO Peter Robinson gave remarks at the consultation on the importance of improving openness and competitiveness of economies as well as helping more people and companies of all sizes to participate.

“We are living through a period of rapidly changing technologies and economic policies, especially regarding cross-border trade and investment,” said Robinson. “Economic nationalism and isolationist sentiment are posing challenges to the OECD’s fundamental orientation of greater openness and cooperation. The economic context should focus minds – without a comprehensive competitiveness agenda for OECD countries, there will be less wealth creation and less room to increase living standards.”

Robinson recommended a regular publication of the Better Business Index to help governments understand and improve the key drivers of private sector growth. “We think this is vital so as not to lose sight of – or take for granted – the role of the private sector in creating wealth,” he said. Robinson emphasized the importance of developing a new OECD Strategy for SMEs and sensible policies to ensure sustainable growth of the digital economy.

The OECD meetings took place on the eve of the B20 Summit in Berlin.

USCIB’s Mulligan Weighs in on Asia Trade in Wharton Journal

Published on May 1, 2017

As the Trump administration moves to shift the focus of U.S. trade policy away from larger multilateral pacts and toward bilateral deals, USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan was cited in a Wharton School of the University of Pennsylvania online business journal Knowledge@Wharton in an article titled “Bilateral or Multilateral: Which Trade Partnerships Work Best?”

Mulligan was quoted emphasizing the importance of the Asia-Pacific region for USCIB’s membership, saying, “Our hope is that [the U.S.] will pursue some other approach that will continue to open those markets and ensure that U.S. companies are able to compete and have access in those markets. The multilateral approach, we generally felt, had advantages [in] that you could get many countries at one time… [A] lot of U.S. businesses benefit from the global rules-based trade system.”

The full article can be accessed here.