Changes to US Model Tax Treaty “Very, Very Complicated”

taxes-portLast year the U.S. Treasury department announced proposed changes to the U.S. Model Income Tax Treaty, which is the model text used by American officials when they negotiate tax treaties with other countries. According to a press release issued by Treasury in May 2015, “The revisions to the U.S. Model text are intended to ensure that the United States is able to maintain the balance of benefits negotiated under its treaty network as the tax laws of our treaty partners change over time, and to deny treaty benefits to companies that change their tax residence in an inversion transaction.”

USCIB and other business groups have expressed concern that the treaty provisions tilt too far in the direction of denying inappropriate claims of treaty benefits. Although Treasury recently narrowed some of the anti-tax evasion provisions to be more palatable to the U.S. business community, tax practitioners say that the model’s reception will be uncertain, especially among America’s treaty partners.

Speaking to Bloomber BNA, USCIB Vice President for Tax Carol Doran Klein noted that the treaty is complex and will be difficult to negotiate with other nations.

“It’s really, really complicated, which is not surprising,” Klein said. “I do think that some of the novel provisions have been modified, which is better. But it’s going to be really difficult to get this negotiated and also to apply it.”

Uncertainty also remains as to how the proposed changes to the U.S. model tax treaty might impact the OECD’s work on Base-Erosion and Profit-Shifting (BEPS).

USCIB sent a letter to the U.S. Treasury on September 14 expressing concern with proposed U.S. model tax treaty changes, which in part attempt to prevent double non-taxation of income between tax treaty partners. While acknowledging that the treaty provisions address legitimate concerns, USCIB said that the draft provisions “tilt too far in their attempt to prevent inappropriate claims of treaty benefits.”

Obama Signs Customs Bill, Now Focus Shifts to Implementation

Obama_Customs_BillPresident Obama signed the Trade Facilitation and Trade Enforcement Act, commonly referred to as Customs Reauthorization, into law on February 25, just two weeks after the Senate approved the bill. This bipartisan bill is the first true Customs modernization legislation in nearly two decades.

The legislation will strengthen trade enforcement at U.S. ports and borders, and update the organization and management of the U.S. Customs and Border Protection. The bill includes provisions that streamline and facilitate trade, reduce business costs and paperwork burdens, and provide an enforcement mechanism for trade agreements.

“It is timely then for us to be signing this bipartisan customs bill because it’s an important milestone in our trade agenda,” said President Obama at the signing ceremony. “This is an example of smart trade policy in the 21st century.”

USCIB has been a longtime supporter of Customs Reauthorization and has strongly advocated for policies that eliminate trade barriers, harmonize global customs and border procedures, as well as modernize outdate laws. The bill includes the following provisions: increased de minimis; updated returns processes; end of year 2016 ITDS deadline; specified CBP engagement with private sector; avoidance of US WTO compliance matter; improved IPR provisions (i.e., providing unredacted samples to rights holders); drawback simplification; and more!

“We welcome the signing of the Customs bill and thank the Administration and Congress for their hard work on this key bipartisan legislation that meets the needs of business,” said Megan Giblin, USCIB’s director for customs and trade facilitation. “Our focus on this bill’s provisions will now turn to implementation, and we look forward to working with the administration to ensure its success.”

USCIB Heads to Peru for APEC Policy Dialogues

APEC_PERUSupporting six million American jobs and hosting two thirds of the global middle class, the Asia-Pacific region is of great interest to the business community, as global companies are eager to tap the region’s growing markets. The Asia-Pacific Economic Cooperation (APEC) forum – the most influential economic dialogue in the region – continues to be a priority for USCIB members, as it is key to accelerating regional economic integration and promoting balanced, sustainable growth.

To aid private-sector engagement in the dialogue, USCIB works with the U.S. APEC business coalition to give members access to APEC officials and participate in APEC meetings throughout the year, culminating in the APEC CEO Summit, a meeting of CEOs and leaders from the APEC economies.

USCIB is in actively engaged in a number of the APEC working groups related to customs, product policy, and information and communication technologies. Each year, USCIB compiles an APEC priorities and recommendations paper to help direct and coordinate work with our members and APEC officials.

Three of USCIB’s policy team will be attending the upcoming first APEC Senior Officials Meeting (SOM 1) in Lima Peru, which began this past weekend.

Action on trade facilitation

Megan Giblin, USCIB’s director for customs and trade facilitation, will participate in the APEC Alliance for Supply Chain Connectivity (A2C2) and the Subcommittee on Customs Procedures meetings, and will identify linkages to the work underway within the USCIB Customs and Trade Facilitation Committee including, but not limited to, e-commerce, single-window efforts, and other aspects that tie directly to WTO TFA implementation.

Giblin was also confirmed last week as the industry Co-Chair to the APEC Subcommittee on Customs Procedures Virtual Working Group (VWG) along with the government of New Zealand. USCIB both helped create the working group and has facilitated its work, co-chairing the group, since its inception. The VWG is comprised of both customs officials and members of the private sector.

Smarter chemicals regulations

Helen Medina, USCIB’s vice president of product policy and Innovation will attend the APEC Chemical Dialogue (CD) meetings to support USCIB’s work and recommendations on a coordinated approach to implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and future GHS capacity building workshops. Medina will also support USCIB’s Customs priorities in the area of Chemical Import Procedures.

USCIB will continue to encourage work within the CD on metals risk assessment, specifically follow-up to the workshop on this topic in 2015 as well as the dissemination of pending OECD metals assessment scientific guidance as joint OECD-APEC guidance for APEC Economies.  Lastly, Medina will meet with the Lima Chamber of Commerce, Peru’s most representative organization promoting Peru’s global economic integration, to share USCIB priorities during the Peru host year and collaborate on areas of mutual interest.

Facilitating cross-border data flows

Barbara Wanner, USCIB’s vice president of ICT policy will participate in the SOM 1 meetings of the Electronic Commerce Steering Group (ECSG), with particular focus on the Data Privacy Subgroup. The meetings will focus on expanding APEC economies’ understanding of and participation in the Cross-Border Privacy Rules system (CBPR). The CBPR system requires firms in participating economies to develop their own internal business rules on cross-border data privacy procedures, complying with the system’s minimum requirements. The meetings will also explore a selection of next-generation privacy issues, such as data portability, open data and privacy, and big data.

Wanner  will also participate in a special workshop, “Building a Dependable Framework for Privacy, Innovation and Cross-Border Data Flows in the Asia-Pacific Region,” which will set the stage for subsequent discussions on APEC CBPR and other privacy issues during the informal and formal ECSG and DPS meetings.

If you would like any further information on the above meetings or issues, please feel free to reach out to our team.

Customs: Megan Giblin, mgiblin@uscib.org
Chemicals: Helen Medina, hmedina@uscib.org
ICT and Data Privacy: Barbara Wanner, bwanner@uscib.org
APEC priorities: Rachel Spence, rspence@uscib.org

Fighting Efforts in the UN to Degrade Intellectual Property Rights

intellectual_propertyOne of the most contentious issues during the United Nations COP21 climate negotiations was the push by NGOs and some countries to frame intellectual property (IP) rights as a barrier to environmental goals. USCIB and other business groups made a strong case for IP frameworks, arguing that innovation is crucial for developing solutions to the world’s climate challenges, and thanks to their efforts IP was not mentioned in the final climate treaty agreed to in Paris last year.

However, significant challenges to IP are proliferating throughout the UN system, and concerns remain about the Paris Agreement’s implementation and subsequent climate negotiations. To help push back against attacks on IP protection, USCIB and five other business associations sent a letter to U.S. Senator Orrin Hatch urging the U.S. government “to safeguard innovation at multilateral institutions.”

The letter notes that there is positive precedent for such an approach by the United States, as several IP experts from the American delegation at COP21 worked together to ensure that the Paris Agreement’s text didn’t mention IP and removed uncertainty that could have discouraged continued investments by U.S. companies in clean technology.

Challenges to IP have also arisen in the recently announced UN High Level Panel (UNHLP) on Access to Medicines, and at other international regulatory institutions such as the World Health Organization (WHO). In both cases, the business community is worried that innovators’ perspective will not be taken into account in the agencies’ policy deliberations. The letter encourages the U.S. to prevent the UNHLP and WHO from “constraining business involvement to the detriment of innovation.”

“U.S. leadership will be essential to managing diverse initiatives across the UN system…to ensure that they do not undermine innovation,” the letter stated. “All relevant U.S. government agencies must be aligned in such efforts.”

Read the full letter.

USCIB Supports Conclusion of “EU-US Privacy Shield”

us_eu_flags_3New York, N.Y., February 2, 2016 – The United States Council for International Business (USCIB) commends the tireless and concerted efforts of negotiators from the European Union and the United States for achieving agreement on a new framework governing transatlantic data transfers, the “EU-U.S. Privacy Shield.”

“While providing strengthened privacy protections, this agreement will promote legal certainty and consumer confidence for transatlantic data flows, thereby fostering new projects, investments and provision of services that increase economic and societal benefits,” said USCIB President and CEO Peter Robinson.

USCIB supports efforts by all parties involved to finalize and implement the new Privacy Shield in a timely manner. Earlier today, the International Chamber of Commerce (ICC), of which USCIB is the U.S. affiliate, issued a statement in support of the EU-U.S. privacy shield.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network – encompassing ICC, the International Organization of Employers, and the Business and Industry Advisory Committee to the OECD – USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. www.uscib.org.

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

More on USCIB’s ICT Committee

Enabling a Vibrant Digital Economy Is Essential for 21st Century Business

Digital GlobeSeveral years ago in this column, I remarked on the amazing transition from e-commerce to the “Internet economy.” Nowadays, it is clear that the digital economy, for all intents and purposes, is the economy. Very little commerce, both in-country and across borders, could take place without the interconnected networks enabled by the global Internet. Think about how your business would function for even a day without reliable access to modern information and communication technologies (ICTs).

The OECD, which has served as an invaluable forum for discussion of sensible policy approaches to the challenges and opportunities presented by the digital economy, is gearing up for a ministerial meeting this June in Cancun, Mexico. The meeting will explore work undertaken by the OECD Committee for Digital Economy Policy to address the continued evolution of the digital economy in the eight years since a previous 2008 ministerial in Seoul, South Korea. USCIB and our members played an active role at the Seoul ministerial, where I had the privilege of serving as chair of the “business day” events.

The Seoul ministerial acknowledged the essential nature of the Internet as a platform for economic growth, and emphasized the need for all stakeholders to guide its development. Recognizing the vast changes in this area since 2008, the Cancun ministerial will highlight the extent to which the entire economy has become digitized, and explore how this transformation has affected social interactions, business and government operations, laws and regulations, and jobs and skills. Numerous USCIB and other global companies are set to participate.

Privacy and localization concerns

The Cancun ministerial comes against the backdrop of growing unease in some markets over privacy protections for cross-border data transmissions. The European Court of Justice got everyone’s attention recently when it invalidated the European Commission’s 2000 decision concerning the adequacy of the existing transatlantic “safe harbor” framework. In the past 15 years, thousands of U.S. companies have used this framework to ensure that their data practices are in line with European Union privacy rules.

Addressing the 2016 Consumer Electronics Show in January, Federal Trade Commission Chairwoman Edith Ramirez said she was confident that U.S. and EU officials would reach agreement on a new data transfer deal – a so-called Safe Harbor 2.0, which is essential for the global operations of both tech and non-tech companies. As we went to press, however, there was still no agreement, and the clock was ticking loudly toward a January 31 deadline imposed by EU Data Protection Authorities (DPAs). The DPAs indicated that if U.S. and EU negotiators do not conclude Safe Harbor 2.0 by that date, they may launch probes of U.S. tech companies to ensure compliance with European law. Such actions could have a severe chilling effect on transatlantic data flows, with potentially devastating consequences for both the U.S. and EU economies.

A related development is rising support for the forced localization of data centers within a country’s border. As USCIB members have made clear in numerous forums, such requirements diminish the investment appeal of these markets by creating undue burdens for global companies. Localization requirements also threaten ground-breaking ICT advances – with promise of significant economic and societal benefits for these countries – in such areas as cloud computing, use of Big Data and the Internet of Things. Also important (and ironic), data localization measures effectively undermine privacy and security by distracting from efforts to create better protections for individuals and generally making these markets more vulnerable to hackers.

More generally, we are seeing a proliferation of other types of localization barriers, such as local content requirements, discriminatory government procurement practices, technology transfer requirements and other policies and regulations aimed at promoting domestic industry and shielding it from foreign competition.

Wise policy choices needed

A vibrant digital economy holds great promise for individual businesses and the global economy more generally. Many countries realize this, but in their efforts to harness the innovative and developmental potential of an Internet-fueled economy, they are resorting to policies that risk quashing that vibrancy.

During last year’s review of the decade-old World Summit on the Information Society (WSIS), an initiative launched under UN auspices, we also heard calls from some countries for a stronger government role in governance of the Internet. Such an approach would undermine the bottom-up, multi-stakeholder approach to Internet governance. When governments work together with other stakeholders, we can realize significant progress in raising capacity, knowledge, and understanding of digital economy issues. Policymaking invariably is improved when representatives of business, the technical community, and civil society inform such discussions; such inclusion also helps to lower the risk of unintended consequences.

The upcoming OECD ministerial provides the perfect opportunity for the business community to tell lawmakers which policies best realize the promise of Internet-enabled development and innovation. USCIB seeks a ministerial outcome that recognizes the importance of private-sector investment and “light touch” regulation that preserves the Internet’s interoperability. We would also like to see the OECD highlight how emerging technologies facilitate economic development and address societal needs. And collaboration between all stakeholders is a must in order to expand inclusion in the digital economy.

USCIB addresses these issues at a global level through our unique role as U.S. affiliate of the International Chamber of Commerce (ICC) and of BIAC, the Business and Industry Advisory Committee to the OECD. We are lucky to have strong member support and leadership from individuals such as Eric Loeb (AT&T) and Joseph Alhadeff (Oracle), chair and vice chair, respectively, of our ICT Policy Committee. (Alhadeff also chairs the corresponding committees at ICC and BIAC.)

I am confident that USCIB and our members will have robust representation in Cancun. And I am equally confident that policymakers will recognize the Internet’s role as a platform for innovation, social inclusion and economic development. With your continued strong support, USCIB and our members can continue to drive industry leadership in this critical area; ICTs are essential for doing business in the 21st century.

Delay in Country-by-Country Reporting Rules Incites Backlash

Bloomberg BNA

“The decision to delay IRS rules implementing country-by-country reporting requirements from the OECD is stoking fears of increased administrative complexity for the upcoming year…The OECD’s language “implies that there ought to be some sort of allowance for a country to get their legislation in order, but it doesn’t explicitly say that,” said Carol Doran Klein, vice president for tax at the U.S. Council for International Business. “It’s confusing, and people would like to have certainty.””

Read the full Bloomberg BNA article.

We’ve All Got to Work Together on Global Health Challenges

USCIB is pleased to launch this Health and Nutrition Blog, which will include our priorities, activities, and updates related to global nutrition and health policy in major United Nations, World Health Organization, and OECD processes. We look forward working with our members and all stakeholders as they address global health challenges as we aspire to to a healthier 2016 for all! 

By Helen Medina

nutrition_globeAs in years past, January 1st is the time that many Americans make New Year’s resolutions. Often those are associated with a pledge to live a healthier lifestyle. One can experience the result of this undertaking in overcrowded  gyms, jam-packed yoga classes and in the media with advice on how to keep those resolutions. Health and wellness is top-of-mind for many of us, and especially with policymakers. While each of us may be experiencing different challenges to achieve our own optimum well-being, there is no dispute that health is important for all.

Many countries lose approximately two to three percent of their GDP due to under-nutrition, and worldwide, non-communicable diseases account for 60 percent (35 million) of global deaths.

In fact, the United Nation’s Sustainable Development Goals reflect the importance of nutrition and health, with targets listed at the top as goals 2 and 3 respectively. Goal 2 aims to address the challenges the world faces as the population continues to grow. More effort and innovation are needed to increase agricultural production, improve the global supply chain, decrease food losses and waste and ensure that all who are suffering from hunger and malnutrition have access to nutritious food. Goals 3 is “ensure healthy lives and promoting well-being for all at all ages.” The associated targets aim to reduce the rate of global maternal mortality, end preventable deaths of newborns, reduce by one third premature mortality from non-communicable diseases and end certain epidemics.

The Access to Nutrition Index indicates that 805 million people globally suffer from hunger and more than two billion people suffer from micronutrient deficiencies. The economic costs of under-nutrition are high, as many countries lose approximately two to three percent of their GDP due to under-nutrition. In Africa and Asia, the cost can be as high as 11 percent of GDP.

According to the World Health Organization, non-communicable diseases (NCD) make the largest contribution to mortality both globally and in the majority of low- and middle-income countries . Worldwide, NCDs account for 60 percent (35 million) of global deaths. The largest burden – 80 percent (28 million) – occurs in low- to middle-income countries, making NCDs a major cause of poverty and an urgent development issue. They will be the leading global cause of disability by 2030.

USCIB understands the scale and complexity of these global challenges. Together with our members, we are actively following and participating in international discussions on nutrition because we believe that no one organization, industry or government can make a material difference completely on its own. Instead, we must bring forward and catalyze partnerships that connect across business, government and civil society. Working together is key to addressing today’s health challenges. As innovators, goods and service providers and employers, companies are only as strong as the communities that they work in and serve, and they are committed to offering solutions and actions.

USCIB Welcomes Expansion of WTO’s Information Technology Agreement

world map on interfaceNew York, N.Y., December 16, 2015 – The United States Council for International Business (USCIB) welcomed today’s long-awaited expansion of the WTO’s Information Technology Agreement (ITA), a deal that eliminates tariffs on a wide array of information technology products and services. ITA was finalized at the WTO ministerial meeting in Nairobi, Kenya, and once implemented the agreement is expected to inject $190 billion into the global economy.

“This market-opening agreement holds vast potential to boost U.S. exports and lower the costs of doing business for companies of all sizes,” said USCIB President and CEO Peter Robinson. “All businesses use ICTs, and dropping barriers on high tech products will contribute to global growth, jobs and sustainable development.”

The WTO estimates that ITA expansion will cut tariffs on over $1 trillion in annual global sales of high-tech products, of which $180 billion come from the Unites States. In addition to boosting American technology exports, the ITA is expected to support up to 60,000 new U.S. jobs.

The original 1996 ITA helped cement the growth of electronic commerce and the digital economy by freeing up trade in many IT goods and services. Today’s agreement expands the number of IT goods covered by ITA; it is the first major tariff-elimination deal at the WTO in 18 years.

Robinson added: “We applaud the determination displayed by U.S. Trade Representative Michael Froman and his team for securing the expansion of this agreement.”

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world. With a unique global network, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

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

More on USCIB’s Trade and Investment Committee

More on USCIB’s Information, Communications and Technology Committee

WSIS+10: Advance SDGs for Secure and Vibrant Digital Economy in Africa

L-R: Moctar Yedaly (African Union), John Danilovich (ICC) and Joseph Alhadeff (Oracle)
L-R: Moctar Yedaly (African Union), John Danilovich (ICC) and Joseph Alhadeff (Oracle)

The International Chamber of Commerce (ICC) Business Action to Support the Information Society (BASIS) initiative, the Africa ICT Alliance (AfICTA) and the African Union (AU) joined forces to provide an integrated view of the lessons learned from the implementation of the United Nations (UN) millennium development goals (MDGs) and the good practices imperative for enabling the sustainable development goals (SDGs).

The review took place at a side event hosted during the World Summit on the Information Society (WSIS) +10 high level review meeting at UN Headquarters in New York. Under the theme “Digital economy and sustainable development”, the luncheon event highlighted the value of information communication technologies (ICTs) and the Internet in the underpinning infrastructure for economic and social progress and providing tools for programmes in sectors such as health, finance and education. Panelists from business and the governments of Egypt, Nigeria and South Africa shared perspectives on how to ensure the Internet continues to be a platform for growth and a critical enabler of sustainable development.

Co-moderators of the session Joseph Alhadeff (Oracle) chair of the ICC’s Commission on the Digital Economy and of USCIB’s ICT Committee, and Moctar Yedaly of the African Union, invited participants to discuss how progress towards the SDGs could be made, reflecting on the myriad ways in which ICTs have already helped to advance several MDGs in Africa.

Hlengiwe Buhle Mkhize, deputy minister of telecommunications and postal service, South Africa, who took part in the event, said: “If we really want to bring a new agenda of how the use of ICTs helps us to step up our efforts, to equalize and create a sustainable society, we have to deepen our conversations as partners and as to what responsibilities we bear, and how we measure the commitments.”

wsiis1_sourceChaired by ICC Secretary General John Danilovich, the event also featured Adebayo Shittu, minister of communications, Nigeria, Nermine El Saadany, under secretary for international relations division, Ministry of Communications and Information Technology, Egypt and ICC BASIS members Jimson Olufuye, chairman, Africa ICT Alliance (AfICTA).

The interactive discussion focused on the development of a secure and vibrant digital economy in Africa that would help the region better integrate into the global digital economy. Egyptian small business owner and ICC BASIS Officer Hossam El-Gamal said: “We need competitiveness, transparency, security and openness to encourage investment and bring the next billion online.”

For more information about the side event ‘Digital economy and sustainable development’ please click here