USCIB Conference Assesses Status of Controversial BEPS Project

L-R: Grace Perez-Navarro (OECD), Carol Doran Klein (USCIB), David Camp (PwC), Pascal Saint-Amans  (OECD)
L-R: Grace Perez-Navarro (OECD), Carol Doran Klein (USCIB), David Camp (PwC), Pascal Saint-Amans (OECD)

This week, USCIB convened the tenth annual OECD International Tax Conference, in Washington, D.C. June 10-11, for a timely discussion of global tax policies and their impact on international trade and investment.  The sold-out event, produced with the OECD and BIAC, has become a huge draw for global companies and those involved in crafting international tax policies.

As the OECD’s Base Erosion and Profit-Shifting (BEPS) project draws to a close, policymakers, business representatives and tax practitioners gathered to take stock of the OECD’s efforts to rewrite global tax rules. The BEPS project’s goal is to craft new rules that tax profits where economic activity is generated, without imposing undue compliance costs on taxpayers.

“As we enter the home stretch in the BEPS exercise, global companies and national tax authorities are naturally thinking about implementation as well as next steps,” said Carol Doran Klein, vice president and international tax counsel with USCIB. “Our conference is more valuable than ever as a resource to learn about and discuss transfer pricing, prospects for U.S. tax reform, and many other topics. The OECD is of course a critical resource in this area.”

Discussions on the first day of the tax conference included sessions on “BEPS: Current State of Play,” “U.S. Tax Reform and BEPS,” “Transfer Pricing in Line with Value Creation,” and a keynote address by former U.S. Congressman David Camp (PwC).

camp_lo-res
Former Congressman David Camp (PwC) stresses the importance of U.S. tax reform at the 2015 OECD International Tax Conference in D.C.

Former Congressman David Camp (PwC) stresses the importance of U.S. tax reform at the 2015 OECD International Tax Conference in D.C.During Camp’s speech, he stressed the need for the United States to reform its tax code, explaining that the U.S.’s high statutory corporate tax rate makes it difficult for American companies to remain competitive, and it incentivizes those companies to reinvest their profits abroad rather than at home. On the BEPS process, Camp noted that concerns about double taxation on cross-border investment continue to be serious issues for the United States. He urged attendees to address these concerns before the BEPS process is over without rushing to a hasty conclusion.

“From a business standpoint, we really must have tax reform,” Camp said.

Read Camp’s full remarks

During the conference, speakers from governments involved in the BEPS negotiations, including Robert Stack, deputy assistant U.S. Treasury secretary for international tax, provided their assessments of the overall success of the project.

“It is clear that the BEPS has been very challenging, we hope the OECD and countries will commit to continue to improve the process and outcomes,” said Bill Sample (Microsoft), chair of USCIB’s Taxation Committee.

Legislators weighing the impact on domestic tax reform

The conference takes place as American policymakers consider how to make U.S. tax law more internationally competitive. On June 10, Rep.  Paul Ryan (R-WI) said in an interview with Bloomberg BNA: “The question is: Can we take a couple of steps in the right direction, particularly with international tax laws and international tax rules? Ours are really anti-competitive. Can we do some things to fix that so we can make American businesses more competitive?”

As the BEPS process comes to a close at the end of this year, the U.S. business community will be looking to its government to make the U.S. tax code more conducive to international trade and investment.

“BEPS is going to change the landscape of international tax. If Congress wants to shape that landscape, they should be paying attention, following the discussions and making their views known. Congress staking out a position soon would be helpful” USCIB’s Klein told CQ News.

On June 10, the Business and Industry Advisory Committee to the OECD released a position paper that identifies the business community’s primary concerns with the BEPS process.

Read BIAC’s Position Paper.

On the second day of the OECD tax conference, participants covered “Interest Deductibility and CFC Rules,” “Permanent Establishments and Profit Attribution to Permanent Establishments,” “Treaty Abuse,” “Dispute Resolution,” looked ahead to “BEPS: Post-2015,” and listened to a keynote address by Sunita Manik of the South African Revenue Service. 

USCIB and BIAC will continue to provide constructive input into the BEPS process as the project reaches its final stages at the end of this year.

View photos from the OECD International Tax Conference (Flickr)

USCIB Statement on ICANN Accountability Represents Business Consensus

USCIB filed comments on the first draft of ICANN’s (Internet Corporation of Assigned Names and Numbers) Cross-Community Working Group (CCWG) on Enhancing ICANN Accountability proposed Accountability Enhancements on Wednesday, June 3. These comments represented an important cross-sectoral and cross-community consensus of USCIB’s member companies.

Overall, USCIB members applauded the work of the CCWG in developing accountability mechanisms that will replace the “back stop” function currently provided by the contract between the Commerce Department’s National Telecommunications and Information Administration (NTIA) and ICANN concerning stewardship of the IANA (Internet Assigned Numbers Authority) functions. That contract is set to expire on September 30, 2015, but likely will be extended for a limited period to give the ICANN community additional time needed to thoughtfully develop a sound transition plan. In particular, USCIB supported elements of the draft proposal that would give the ICANN multistakeholder community power to reject a budget or strategic plan as well as recall Board members if deemed necessary. USCIB further urged inclusion of a new Bylaw aimed at preventing government capture or undue ICANN influence on public policies unrelated to ICANN’s core mission.

“A spirit of cooperation prevailed as USCIB members across the ICT sector as well as the contracted and non-contracted houses of ICANN worked hard to reach a consensus ultimately aimed at ‘getting the transition right’,” said Barbara Wanner, USCIB’s vice president for ICT policy.

Read USCIB’s comments.

WSIS Forum: ICTs Necessary for Sustainable Development

WSISDuring the 2015 World Summit on the Information Society (WSIS) Forum in Geneva, convened under the auspices of the United Nations, governments underscored the importance of information and communication technologies (ICTs) as engines for economic growth and as crucial elements of the post-2015 UN Sustainable Development Goals, reports Barbara Wanner, USCIB’s vice president for ICT policy.

Further enriching the forum’s discussions, USCIB member companies such as Intel, Microsoft, Oracle, Verizon, The Walt Disney Company, and Wiley Rein made important contributions to both plenary sessions and workshops on topics as diverse as privacy and security, child online and digital citizenship, empowering women to innovate, and innovation in accessibility technologies.

Government officials, business leaders and members of civil society and the technical community assembled in Geneva from May 25 to 29 for the WSIS stock-taking meetings to review a decade-long progress on promoting the use of Information and Communications Technologies (ICTs) as engines of economic and social development. The forum was hosted by the UN’s International Telecommunications Union (ITU), together with co-organizers UNESCO, UNCTAD and UNDP.

A recurring theme in speakers’ remarks throughout the week was the importance of broadening awareness about the indispensable role played by ICTs in realizing the post-2015 SDGs.

“ICTs are cited in only four of the 17 sustainable development goals,” ITU Secretary General Houlin Zhao noted in launching a special high-level session on May 26, suggesting that this is not a proper reflection of their developmental potential. “ICTs are a catalyst and enabler in development; they support capacity building efforts in areas as diverse as health, gender equality and sustainable farming,” Zhao said.

“This year’s forum, which marks the tenth anniversary of WSIS, was especially important because the UN General Assembly will evaluate its progress and decide its future at a special High-Level Meeting that likely will be held during the week of December 14,” said Wanner. “Virtually all speakers therefore sought to highlight the developmental value of the WSIS process.”

Other themes included the importance of business investment as an impetus for developing new technologies, the need for all stakeholders to be involved Internet governance, renewing the mandate of the Internet Governance Forum as a neutral space for exchanging best practices and capacity-building expertise, and the use of ICTs to empower youth and achieve gender equality.

Addressing a high-level dialogue on gender empowerment, USCIB Member Cheryl Miller (Verizon) described digital gender empowerment as “a community issue, not just a man’s or a woman’s issue.” Miller also shared the success of Verizon’s “Tech Girls” initiative, which brings to the United States young women from Africa and the Middle East to learn coding as well as shadow senior executives at Verizon.

Speaking on the same panel, Paul Mitchell (Microsoft) elaborated on various initiatives Microsoft has undertaken to close the digital gender gap. Digi Girls, for example, teaches High School-aged girls how to do podcasts, create web pages, and so forth. Microsoft recognizes that increasing women in technology and computing has the potential to greatly improve the design of products and services, he said.

On the subject of leveraging ICTs to empower youth, Ellen Blackler (The Walt Disney Company) explored Disney’s investment in entertainment products designed to develop critical thinking skills that the younger generation will need for future success as a productive contributors to the digital economy. Disney recognizes that the Internet “is essential to everything going forward [so that] the biggest risk is that kids will not have the [requisite] digital skills,” she said.

Business plays a central role in harnessing ICTs for economic and social development. USCIB’s ICT Policy Committee Vice Chair Joseph Alhadeff (Oracle), who delivered a policy statement on behalf of ICC-BASIS, highlighted how business investment has served as an important impetus for economic growth and development of technologies benefitting society. For this reason, we must have a policy environment that enables emerging economies to tap the developmental potential of emerging technologies such as cloud computing, Big Data, and the Internet of Things, he urged.

USCIB Calls on WHO to Frame Non-Discriminatory and Pro-Partnership Policy on Non-State Actors

U.S. Health and Human Services Secretary Sylvia Burwell addressed the World Health Assembly in Geneva. WHO Director General Margaret Chan is at right.
U.S. Health and Human Services Secretary Sylvia Burwell addressed the World Health Assembly in Geneva. WHO Director General Margaret Chan is at right.

Governments have decided to postpone action on a controversial proposal to broaden anti-business discrimination and limit participation by   non-state actors in the work of the World Health Organization. On the final day of the 68th World Health Assembly, WHO member states opted to continue discussions of the draft Framework for Engagement of Non-State Actors (FENSA) for another year.

“FENSA proved to be one of the most contentious topics on the WHO’s agenda for this nine-day session,” Norine Kennedy, USCIB’s vice president for international engagement, energy and environment, reported after attending the Geneva assembly. “Despite meetings that carried through the weekend and late into last night, many aspects of the issue are still not resolved as the assembly adjourns today.”

U.S. Health and Human Services Secretary Sylvia Burwell was among the ministers and other dignitaries who addressed the World Health Assembly. “This is an important gathering, because as the world witnessed with the Ebola virus this past year, our planet is too small for nations to operate in isolation when it comes to facing major health challenges,” said Secretary Burwell. “Health threats don’t recognize borders, and we must recognize our need for global solutions.”

Earlier this month, in a joint letter to U.S. cabinet officials, USCIB and other U.S. business groups voiced concerns “about proposals on the table that could unjustifiably restrict the WHO’s ability to engage with the private sector in support of its mission.” Kennedy said the impact on business would touch many industries, and create precedents for anti-business bias in other UN forums. USCIB members and staff, including Helen Medina, USCIB’s vice president for product policy and innovation, were on hand during the World Health Assembly to continue dialogue with government representatives on practical ways to inform WHO deliberations with rigorous technical input and implementation from the private sector.

WHO members agreed to establish an intergovernmental working group on FENSA to continue discussions, with the objective of delivering a conclusion at next year’s World Health Assembly. A first meeting of the working group is tentatively scheduled for October.

Kennedy added that business is still concerned about specific provisions in the current draft FENSA text. These include prejudicial language citing the need to exercise “caution” with respect to certain unnamed industry sectors, overly bureaucratic and complex procedures for both non-state actors and WHO secretariat, and limits on public-private partnerships.

“At a time when the UN Post-2015 Development Agenda and Sustainable Development Goals highlight private-sector engagement on global health challenges, we believe it is possible to address potential conflict of interest and other important concerns consistently and transparently, while also strengthening and encouraging private-sector involvement in the WHO’s important work,” said Kennedy.

Business Groups Recommend WHO Engagement with Private Sector

WHO_hq_full_sizeThe World Health Organization (WHO), the United Nations public health arm, is updating its procedures for working with non-governmental and business interests. USCIB has followed these deliberations for the past year and has offered recommendations that argue for consistent treatment of all constituencies, without discrimination against private sector entities, and that enable public-private partnerships.

The sheer scale of world health challenges requires all stakeholders to be actively involved in addressing public health challenges. However, USCIB and other associations have expressed concern that the some proposals relating to these WHO procedures could further limit the WHO’s ability to fully benefit from the private sector’s practical expertise, resources and research.

On May 14, USCIB and five other business associations signed a letter to U.S. cabinet officials at the Department of State and the Department of Health and Human Services stating concern “about proposals on the table that could unjustifiably restrict the WHO’s ability to engage with the private sector in support of its mission.”

The signatories urged the United States to ensure that the WHO adopts a framework that applies equally to all stakeholders, and that allows the organization to benefit from resources wherever they reside.

“If the WHO adopts a framework that improperly excludes or unjustifiably restricts engagement with the private sector, it will not only endanger the WHO’s own credibility and functioning but also set a damaging precedent that could discourage ongoing public-private partnerships and private sector involvement in other international fora,” the letter stated.

Norine Kennedy, USCIB’s vice president for international engagement, energy and environment, added: “In an era where health crises have become increasingly international, such as the recent Ebola outbreak, the WHO should make full use of its leadership and resources by pursuing global health responses through multi-stakeholder initiatives in which the private sector has a vital role going forward.”

Private Sector Perspective on Food Security Challenges

28 July 2006, Rome - A general view of FAO Headquarters.USCIB and its members participated in bilateral meetings that included close to 60 countries at the United Nations Food and Agriculture Organization (FAO) this week to discuss business priorities on food security, agriculture trade and other nutrition issues. This year’s meeting of the Private Sector Mechanism marked the most diverse industry delegation yet, with participants spanning over 16 countries across five continents, representing the entire agriculture value chain.

The Private Sector Mechanism is a network that coordinates input from business into the UN Committee on World Food Security. This year’s group includes representatives from USCIB members including Monsanto, The Coca-Cola Company, Mead Johnson and the Grocery Manufacturers Association.

“These meetings are great because companies are able to have a real intimate conversations with governments about the programs and/or partnership they have in place to address issues affecting food security and nutrition,” said Helen Medina, USCIB’s vice president for product policy and innovation. “Often government officials are not aware of how the private sector is already engaged. These talks not only inform the policy discussion but also spark ideas on how the private sector can further work with governments in mutually beneficial manner. These dialogues are a crucial to building relationships and trust so that we can work together to combat global hunger and nutrition challenges.”

Industry representatives also discussed possible side events at the UN Committee on Food Security (CFS) to be held in October related to empowering women in agriculture and supply chains and the important linkages between trade and food security.

During the CFS there is an opportunity for a broad cross-section of stakeholders to come together to address the barriers to women’s productive participation in food supply chains and entrepreneurship in an integrated way. The proposed event would convene relevant organizations – including members of the FAO’s Private Sector Mechanism, local country delegates, NGOs, academics, and intergovernmental organizations – in a roundtable discussion focused on “Women, Farmers, Entrepreneurs, Mothers: Solutions at Nexus of Agriculture, Nutrition and Gender.” The goal of this session will be to identify proven solutions, explore collaboration and establish leadership in this field.

In addition, USCIB and other industry groups hope to showcase the benefits of trade and to explain that trade is an important component of the agriculture and food system. Opening up global, regional and national trading opportunities for small- and medium-scale producers will be key to addressing the challenges related to food security and nutrition, particularly in developing countries.

Kim Kit Ow Named to Lead ICC Academy

Kim Kit Ow
Kim Kit Ow

The International Chamber of Commerce (ICC) has named former ICC Regional Director for Asia, Kim Kit Ow, as Managing Director of its recently launched ICC Academy.

With extensive experience both as a practicing lawyer and in-house counsel, Ow will be responsible for overseeing day-to-day operations of the new Academy, established by ICC to deliver market-leading professional education.

“I am thrilled to take up the challenge of leading this pioneering initiative from ICC,” Ow said. “My overarching priority is to ensure effective implementation of the Academy’s strategy so that our important work of bridging the global skills gap and making quality professional education accessible worldwide can begin and be sustained for many years to come.”

Ow holds a law degree from the National University of Singapore and was called to the Singapore Bar. She began her career in a leading Singapore law firm, practicing as a disputes resolution lawyer. Subsequently she moved into the banking and finance sector, working for both private and public bodies including Credit Suisse and the Monetary Authority of Singapore.

In 2009, Ow became regional director, Asia for the ICC International Court of Arbitration and ICC Dispute Resolution Services where she was responsible for promoting ICC’s dispute resolution services.

“Providing quality education on a global scale begins with quality management,” said John Danilovich, ICC Secretary General and ICC Academy Chairman. “With her extensive professional experience and in-depth knowledge of ICC’s unique value proposition, I have no doubt that Ow is the right person to lead this exciting venture and help drive the ICC Academy into the next phase of its development.”

The ICC Academy is headquartered in Singapore where Ow will lead a team of Academy staff liaising closely with ICC headquarters in Paris to develop and distribute ICC Academy products and services worldwide.

Follow the ICC Academy on Twitter @TheICCAcademy

Visit the ICC Academy official website

Staff contact: Eva Hampl 

More on USCIB’s Banking Committee

2015 OECD International Tax Conference: Background Documents

BACKGROUND DOCUMENTS

BEPS Action Plan – Overview

OECD: Addressing BEPS

OECD: Action Plan on BEPS

BIAC Statement of Tax Principles for International Business

BIAC Statement of Tax Best Practices for Engaging with Tax Authorities in Developing Countries

BEPS Discussion Drafts

Current

Past

BEPS 2014 Deliverables

2014 Deliverables

G20 Report on the Impact of BEPS in Low Income Countries

Part 1

Part 2

BEPS Implementation Package February 2015

Action 15

Action 13

Action 5

BIAC and USCIB Comments on BEPS

BIAC

June 2015**
BIAC Comments on the OECD Discussion Draft on BEPS Actions 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs)

May 2015:
BIAC Comments on the OECD Discussion Draft on BEPS Action 3: Strengthening CFC Rules

BIAC Comments on the OECD Discussion Draft on Action 11/ Improving the Analysis of BEPS

BIAC Comments on the OECD Discussion Draft on BEPS Actions 8-10: Revisions to Chapter I of the Transfer Pricing Guidelines (including Risk, Recharacterisation and Special Measures)

April 2015
on the OECD Discussion Draft on BEPS Action 12: Mandatory Disclosure Rules

February 2015
BIAC Comments on the OECD Discussion Draft on BEPS Action 10: The Use of Profit Splits in the Context of the Global Value Chains

BIAC Comments on the OECD Discussion Draft on BEPS Action 10: Transfer Pricing Aspects of Commodities Transactions

BIAC Comments on the OECD Discussion Draft on BEPS Action 4: Interest Deductions and Other Financial Payments

January 2015
BIAC Comments on the OECD Discussion Draft on Action 14: Make Dispute Resolution Mechanisms more Effective

BIAC Comments on the OECD Discussion Draft on BEPS Action 10: Proposed Modifications to Chapter VII to the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services

BIAC Comments on the OECD Discussion Draft on BEPS Action 7: Preventing the Artificial Avoidance of Permanent Establishment Status

BIAC Comments on the OECD Discussion Draft on BEPS Action 6: Preventing Treaty Abuse

September 2014
OECD’s Request for Input on BEPS Action 11: Establish methodologies to collect and analyze data on BEPS and the actions to address it

April 2014
BIAC Comments on the OECD Discussion Draft on BEPS Action 1: Tax Challenges of the Digital Economy

BIAC Comments on the OECD Discussion Draft on Transfer Pricing Comparability and Developing Countries

BIAC Comments on the OECD Discussion Draft on BEPS Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

February 2014
BIAC Comments in response to the OECD Discussion Draft addressing Transfer Pricing Documentation and Country by Country Reporting submitted to OECD (Appendix)

October 2013
BIAC letter to Mike Williams and Pascal Saint-Amans on BEPS

April 2013
BIAC Comments on the February 2013 OECD Report on BEPS

 

USCIB

May 2015**
USCIB Comment Letter on the OECD Discussion Draft on BEPS Actions 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs)

April 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 3: Strengthening CFC Rules

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 12: Mandatory Disclosure Rules

February 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 4: Interest Deductions and Other Financial Payments

USCIB Comment Letter on the OECD Discussion Draft on BEPS Actions 8, 9, and 10: Discussion Draft on Revisions to Chapter 1 of the Transfer Pricing Guidelines (Including Risk, Recharacterisation and Special Measures)

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 10: Discussion Draft on the use of Profit Splits in the Context of Global Value Chains

January 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 14: Make Dispute Resolution Mechanisms More Effective

USCIB Comment Letter on the OECD Discussion Draft on Follow Up Work on BEPS Action 6: Preventing Treaty Abuse

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 7: Prevent the Artificial Avoidance of PE Status

December 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 10: Proposed Modifications to Chapter VII of the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services

September 2014
USCIB Comment Letter OECD’s Request for Input on BEPS Action 11: Establish methodologies to collect and analyze data on BEPS and the actions to address it

May 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 2: Neutralise the effects of Hybrid Mismatch Arrangements (Recommendations for Domestic Laws)

April 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 2: Neutralise the Effects of Hybrid Mismatch Arrangements (Treaty Issues)

USCIB Response to the OECD’s Discussion Draft on the Tax Challenges of the Digital Economy (the Discussion Draft)

USCIB Comment Letter on the OECD Discussion Draft on Transfer Pricing Comparability Data and Developing Countries

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

February 2014
USCIB Comments on the OECD Discussion Draft on Transfer Pricing Documentation and Country-by Country Reporting

Panelist Materials

“Cross-Border Tax Problems of Investment Funds” by Kim Blanchard

 

**Not included on USB

www.uscibtax.org

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement

Journal of Commerce – April 28, 2015

The WTO’s Trade Facilitation Agreement, when ratified, will simplify and harmonize the flow of trade information from shippers and other supply chain partners into agencies responsible for monitoring and regulating trade. USCIB’s Kristin Isabelli is quoted.

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement

US Treasury pressures Tony Abbott to drop ‘Google tax’

Australian Financial Review – April 28, 2015

The Obama administration is pressuring the government of Australian Prime Minister Tony Abbott to back away from plans to target American technology multinationals with higher taxes in next month’s federal budget. USCIB’s Carol Doran Klein is quoted.

US Treasury pressures Tony Abbott to drop ‘Google tax’