ICC Tackles Transfer Pricing and Customs Valuation

"Transfer Pricing and Customs Valuation" will help simplify regulations and also to clarify rules
“Transfer Pricing and Customs Valuation” will help simplify regulations and also to clarify rules

ICC recently issued a policy statement on “Transfer Pricing and Customs Valuation” aimed at supporting companies that face the challenge of determining the appropriate related party valuation of goods.

These parties are subject to customs and fiscal examinations and thus are bound by differing laws, rules and contradictory interests. ICC believes that these examinations should yield the same value, and that a resolution to the problem is in the interests of all concerned.

The ICC Commission on Taxation has produced many proposals aiming to secure harmonized tax and customs valuation of transactions between related parties in an international context.

These proposals are designed to help simplify regulations for companies and administrations and also to clarify rules for both parties so as to reduce financial impact linked to divergent valuation.

Compliance costs to companies would be reduced if tax and customs administrations were to accept and implement these proposals. The policies could also minimize the risk of penalties resulting from opposing views between customs and tax authorities.

The statement is set to be presented to governments and relevant international organizations shortly.

Staff Contact: Kristin Isabelli

View the statement

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At Rio Meetings, USCIB Represents Business Interests in Global Antitrust

4322_image002As U.S. companies are increasingly subject to foreign regulators and the practices of non-U.S. investigative bodies, it is imperative to ensure adequate dialogue between the private sector and government antitrust enforcers, both in order to keep the lines of communication open and to ensure that industry is aware of the ever-evolving antitrust regulations to which they may be subjected.

To that end, Charlene Flick, USCIB’s director of intellectual property and competition, took part in three key meetings in Rio de Janeiro in April: the International Competition Network (ICN) annual conference, an International Chamber of Commerce Roundtable on Competition Enforcement and Compliance, and “ICN in Brazil: The Changing World of Competition,” sponsored by the International Bar Association.

Founded in 2001, the International Competition Network is an informal, virtual network that seeks to facilitate cooperation between competition law authorities globally.  The Rio Conference focused on enforcement and compliance in competition law, including South American enforcement priorities and the business response, as well as company strategies to improve antitrust compliance.

USCIB now enjoys non-governmental advisor status in the ICN, which will increase our visibility and will allow more of our members to participate in its projects, regional workshops and annual meeting.

While in Brazil, USCIB’s Flick also met with a number of Brazil-based attorneys to discuss the current state of intellectual property protection in Brazil, and how the Brazilian bar views intellectual property law and policy as it relates to the international community.

Staff contact: Justine Badimon

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USCIB Applauds Progress at US-China Strategic & Economic Dialogue

New York, N.Y., May 4, 2012 – The United States Council for International Business (USCIB) hailed progress made on several fronts at the U.S.-China Strategic and Economic Dialogue (S&ED) talks in Beijing this week.  USCIB President and CEO Peter M. Robinson said the two countries had demonstrated a “commitment to strengthen and deepen our business and economic ties,” and applauded in particular plans to negotiate a bilateral investment treaty (BIT).

According to the U.S. Treasury Department, the economic track of this week’s S&ED talks resulted in several important developments for American business, including:

  • agreement to intensify negotiations of a U.S.-China BIT
  • China’s commitment to provide non-discriminatory treatment to all enterprises, including state-owned enterprises (SOEs), in terms of credit, taxation and regulatory policies
  • agreement by China to take part in international talks to develop new rules on export financing, increase transparency in rule-making, and open up new sectors to foreign investment
  • China’s pledge to take steps to join the WTO Government Procurement Agreement.

“Taken together, these commitments could go a long way toward addressing some of the U.S. business community’s major concerns,” Robinson said.  “As an organization that seeks to promote trade, investment and regulatory coherence between the U.S. and the rest of the world, we are especially pleased with the decision to enter into BIT negotiations and address the SOEs issue.  We commend the U.S. and Chinese government for demonstrating their commitment to strengthen and deepen our business and economic ties.”

USCIB has been a leading American business voice urging the two governments to negotiate a strong, comprehensive BIT.  Last month USCIB welcomed the release of a revised U.S. model bilateral investment treaty.  “BITs are important tools to open overseas markets for U.S. companies, and they help drive U.S. exports and jobs in an increasingly competitive global marketplace,” Robinson said at the time.  “We are glad to see the U.S. getting back in the game, to ensure that we don’t fall behind our competitors in terms of investment protections.”

USCIB has also pressed for new international disciplines to ensure competitive neutrality for SOEs vis-à-vis their private-sector counterparts, including in third markets, and is working with the U.S. and other governments to address the issue in the Trans-Pacific Partnership talks and in the OECD.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 the International Chamber of Commerce, 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.  More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP communications, USCIB
(212) 703-5043 or jhuneke@uscib.org

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Citi’s Johnston to Spearhead USCIB’s Trade and Investment Work

Charles R. Johnston
Charles R. Johnston

New York, N.Y., May 1, 2012Charles R. (Rick) Johnston, director and senior vice president for international government affairs with Citi, will take the reins on June 20 as chair of the United States Council for International Business (USCIB) Trade and Investment Committee.  The committee coordinates business advocacy among USCIB’s hundreds of member companies, advises the U.S. government on key trade and investment matters, and drives broader international support for open markets.

“We are very excited that Rick Johnston has agreed to lead USCIB’s trade and investment policy work,” said USCIB President and CEO Peter M. Robinson.  “He brings strong leadership and a truly global perspective.  We look forward to working closely with him to advance our strong pro-trade, pro-investment agenda on behalf of the American business community with U.S. and foreign policymakers, utilizing USCIB’s unique relationships with the International Chamber of Commerce, the Business and Industry Advisory Committee to the OECD and the International Organization of Employers.”

Responsible for Citi’s relationships with governments and political figures in over 100 countries, Johnston is an internationally recognized expert in global trade and investment, and has advised both U.S. and foreign government leaders as well as major multinational corporations on a broad array of commercial and strategic transnational issues.  In addition to his service as international trade counsel to the U.S. Senate Finance Committee and adviser to the U.S. International Trade Commission, Johnston has been an adjunct professor on international trade at the George Washington University law school, and has written extensively on trade and investment.

“I look forward to continuing and expanding USCIB’s leadership on trade and investment issues,” Johnston stated.  “With the recent release of a new model U.S. bilateral investment treaty, we will work with the U.S. government to further engage China, India and others in meaningful discussions to expand market access and secure greater protections for American companies.  We will also press for efforts to move forward on trade liberalization through the Trans-Pacific Partnership negotiations and through new approaches in the WTO.”

The Citi executive said he wants USCIB to address emerging trade and investment priorities for its membership, which includes top U.S. global firms, such as increased understanding of global value chains, creating a level playing field with state-owned enterprises and combating growing forced localization requirements.

Johnston will take over as committee chair from R. Scott Miller, director of national government affairs with The Procter & Gamble Company, who will be retiring at the end of June.  He will be supported by Rob Mulligan, senior vice president and head of USCIB’s Washington, D.C. office, among others.  “We have benefited tremendously from Scott Miller’s informed, intelligent and capable leadership over the past several years,” USCIB’s Robinson said.  “Backed by a number of key staff additions that have enhanced our capacity, Scott has done a lot to push our work on open markets to the next level.”

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 the International Chamber of Commerce, 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.  More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP communications, USCIB
(212) 703-5043 or jhuneke@uscib.org

More on USCIB’s Trade and Investment Committee

New ICC Foreign Investment Guidelines Define Investor and Government Roles

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Doha, Qatar and New York, N.Y., April 21, 2012 – The International Chamber of Commerce (ICC) has issued updated Guidelines for International Investment to address new challenges of the international investment environment and to further promote investment as a driver of economic growth, according to ICC’s U.S. affiliate, the United States Council for International Business (USCIB).

These revised guidelines – addressed to members of the global business community, government officials and other stakeholders – were launched at the World Investment Forum, organized by the United Nations Conference on Trade and Development (UNCTAD) in Doha, Qatar today.

While the value of cross-border direct investment has grown substantially in the past decade, international investors have reason to be concerned about the impact of recent developments and policies on the free flow of international investment.

“Investment underpins economic growth and has shared value for companies and governments alike,” said Peter Brabeck-Letmathe, chairman of Nestle. “It allows companies to establish themselves in global markets and creates ties between domestic and foreign companies, allowing them to expand their activities and create new jobs.”

The aim of the ICC guidelines is to facilitate cross-border investment for investors and governments, as well as to harness the vast potential of cross-border investment for stimulating balanced global growth. Trade and investment have the potential to reinvigorate the global economy during the present economic crisis, particularly by driving sustainable growth in developing countries.

“The nature of investment has evolved geographically, with developing economies accounting for more investment inflows and outflows,” said James Bacchus, co-chair of Greenberg Traurig’s global practice group, who chaired the drafting group for the revised ICC guidelines.

There has been a sharp increase, since the original guidelines were drafted in 1972, in international investment inflows to, and outflows from, developing and transition economies. In 2010, these accounted for 52 percent of the total investment inflows and 29 percent of total investment outflows.

Global inward investment flows now approach $1.2 trillion (U.S.), and sales of affiliates worldwide are just under $30 trillion, far in excess of world trade flows. There are also more than 2,800 bilateral investment treaties among the nations of the world.

The ICC guidelines revision took place under the aegis of ICC’s Commission on Trade and Investment, chaired by Geoff Gamble, director of international government affairs with DuPont and chair of USCIB’s Trade and Investment Committee.  Stephen Canner, a senior advisor with USCIB, also played a leading role in the revision.

The revision comes on the heels of last week’s joint statement by the U.S. and the European Union on shared principles for international investment, which USCIB applauded as “a high-level, concise endorsement of the key role of international investment in the global economy.”

More information on the revision of the ICC Guidelines for International Investment is available on ICC’s website (www.iccwbo.org).  The full text of the guidelines is available on USCIB’s website at www.uscib.org/docs/2012_04_21_icc_investment_guidelines.pdf.

About the International Chamber of Commerce

The International Chamber of Commerce (ICC) is the world business organization, a representative body that speaks with authority on behalf of enterprises from all sectors in every part of the world.  A world network of national committees keeps the ICC International Secretariat in Paris informed about national and regional business priorities. More than 2,000 experts drawn from ICC’s member companies feed their knowledge and experience into crafting the ICC stance on specific business issues.  The United Nations, the World Trade Organization, the G20 and many other intergovernmental bodies, both international and regional, are kept in touch with the views of international business through ICC.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 leading international business organizations, including ICC, 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, VP Communications, USCIB
+1 212.703.5043 or jhuneke@uscib.org

Revised ICC Guidelines for International Investment

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Business Coalition Pushes for Ambitious Trans-Pacific Partnership

USCIB participated in an April 18 event on Capitol Hill event, organized by the U.S. Business Coalition for TPP, highlighting the importance of the Trans-Pacific Partnership negotiations to promote competitiveness, job creation and higher living standards across all the TPP countries.  Speakers at the event included U.S. Trade Representative Ron Kirk, House Rules Committee Chairman David Dreier, Senate Finance Committee Chairman Max Baucus, House Ways and Means Ranking Member Sandy Levin and ambassadors or their representatives from all the TPP countries.

“The TPP negotiations are at an important crossroads,” stated Rick Johnston, co-chair of the TPP coalition and senior vice president with Citi.  “With the 12th TPP negotiating round set to begin in Dallas in less than three weeks, it is critical for all TPP countries to redouble efforts to achieve the type of comprehensive, high-standard and commercially meaningful agreement across all sectors that the Leaders of all of the TPP countries called for last November.  Only by achieving such a high-quality agreement will the benefits to our economies and our industries, workers and consumers be realized.  And such an outcome requires U.S. leadership.”

Staff contact: Rob Mulligan

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Anthony Barone Appointed Chair of ICC Customs and Trade Regulations Committee

Anthony Barone, chair of the ICC Committee on Customs and Trade Regulations, is set to advance the committee’s work program
Anthony Barone, chair of the ICC Committee on Customs and Trade Regulations, is set to advance the committee’s work program

The International Chamber of Commerce (ICC) has appointed the Director of Global Logistics Policy at Pfizer, Anthony Barone, as chair of its Committee on Customs and Trade Regulations. Having served as vice-chair of the Committee for one year, Mr. Barone will be able to further facilitate the committee’s advancement with his newly appointed title.

In his new role, Mr. Barone is set to advance the committee’s work program and expedite the advancement of new policies. The committee’s work focuses on customs reform, with the aim of simplifying and harmonizing customs policies and procedures so as to overcome barriers to trade.

Mr. Barone draws on extensive experience in the field of customs and trade. He was a consultant in international logistics and trade finance before joining Pfizer, the world’s largest research based bio-pharmaceutical firm, in 2001. He also held senior positions in third party logistics industry and with supply chain IT providers. Mr. Barone is currently a member of the New Jersey Export District Council of the US Department of Commerce. He graduated from Columbia University with an MBA in Management.

With Mr. Barone’s leadership, ICC is hosting a Symposium on Trade Facilitation June 13-14 in Mexico City, Mexico.  The symposium aims to bring together representatives of the private sector and customs administrations to discuss the most significant and practical issues related to trade facilitation, such as challenges of global supply chains, globally networked customs, balancing security and trade facilitation, trusted trader programs, resolving the conflict between tax and customs valuations, counterfeiting and piracy in customs, integrated border management, and emerging market issues, to name a few.  Several members of the USCIB Customs and Trade Facilitation Committee, including Mr. Barone, will be speakers at the symposium including John Bescec (Microsoft), Eugene Laney (DHL), William Methenitis (Ernst & Young), and Todd R. Smith (KPMG).

In addition to the work of the ICC Customs and Trade Regulations Committee, the USCIB Customs and Trade Facilitation Committee has been tracking recent developments in Argentina, particularly the implementation of measures taken by the Government of Argentina to limit the entry of U.S. and other foreign-sourced products and services into that market. USCIB, along with several other organizations, sent a letter to USTR Ron Kirk and Deputy Assistant to President Obama Michael Froman, expressing concerns over the gravity of these measures, and pledging support to the U.S. government and partners in their effort to address the issues that are being faced in Argentina. ICC also recently sent a letter to the Government of Argentina requesting reconsideration of General Resolution 3252/2012, the Advance Import Affidavit that went into effect on February 1, 2012. USCIB has also continued engaging with the U.S. and Canadian governments on the U.S.-Canada Beyond the Border Action Plan, released by President Obama and Prime Minister Harper on December 7, 2011.  USCIB has shared its priorities on the trade facilitation aspects of the Action Plan with U.S. Customs and Border Protection, Canadian Border Services Agency, Canadian Trade Minister Ed Fast, and Special Assistant to President Obama, Patty Cogswell.

Staff Contact: Kristin Isabelli

U.S. Association Letter to Ron Kirk and Michael Froman

ICC Letter to the Government of Argentina

U.S.-Canada Beyond the Border Action Plan

USCIB Trade Facilitation Priorities

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USCIB Applauds U.S.-EU Investment Principles

US_EU_Flags

New York, N.Y., April 10, 2012 – The United States Council for International Business (USCIB) welcomes the joint statement of the United States and the European Union on “Shared Principles for International Investment,” issued today in Washington and Brussels.

The statement constitutes “a high-level, concise endorsement of the key role of international investment in the global economy,” said  USCIB President and CEO Peter Robinson.

USCIB has represented U.S. business in a parallel and mutually-supportive effort by the International Chamber of Commerce (ICC) to update its own private-sector Guidelines for International Investment.  The ICC Guidelines are in the final stages of preparation and will be rolled out later this month.

“We are particularly pleased to see the strong emphasis on a ‘level playing field,’ including for private firms in competition with state-owned or state-championed enterprises around the world,” said Robinson.  USCIB also endorses the emphasis on strong protections for investors and investments and on effective dispute settlement provisions, including Investor-to-state arbitration.  The call for transparency and responsible business conduct highlights important areas where the U.S. and EU companies can help set high standards for other nations around the world.

USCIB has long been a strong advocate for open and competitive international investment, both inward and outbound, as important vehicles for promoting economic growth, jobs and competitiveness.   Business hopes that the U.S. and the EU will now move to bring other nations on board in adopting and acting upon these important concepts, which will benefit of businesses, workers and consumers in the U.S. and around the world.”

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP communications, USCIB
(212) 703-5043 or jhuneke@uscib.org

More on USCIB’s Trade and Investment Committee

USCIB China Mission Focuses on Green Growth

Jianmei Feng of General Electric, co-chair of USCIB’s China Committee, addresses the Green Economies Dialogue session; USCIB President and CEO Peter Robinson is at right.
Jianmei Feng of General Electric, co-chair of USCIB’s China Committee, addresses the Green Economies Dialogue session; USCIB President and CEO Peter Robinson is at right.

USCIB members and staff were in China last month in a visit that focused on green growth topics and engaged with USCIB members in-country.

A highlight of the visit, which was led by USCIB President and CEO Peter M. Robinson and USCIB China Committee Co-Chair Tad Ferris (Holland and Knight), was a session of USCIB’s Green Economies Dialogue initiative that included Chinese business and government representatives.

Also involved in the mission were Jianmei Feng, the China-based co-chair of the China Committee, Justine Badimon, USCIB’s manager of China and APEC affairs, and Anna Zhang, USCIB’s director of Carnet claims administration.

USCIB launched the Green Economies Dialogue initiative last year to provide a forum for discussion of green growth topics among multiple stakeholders in the lead-up to the UN’s Rio+20 conference and beyond.  In addition to Beijing, dialogue sessions have been held in Washington and Paris, and two additional sessions are planned for April in Tokyo and Brasilia.

At the headquarters of the China Chamber of International Commerce (CCOIC), ICC’s China affiliate. L-R: USCIB China Committee Co-Chair Tad Ferris (Holland and Knight), Nicole Wang (CCOIC), CCOIC Deputy Secretary General Lin Shunjie, USCIB President and CEO Peter Robinson, Justine Badimon (USCIB).
At the headquarters of the China Chamber of International Commerce (CCOIC), ICC’s China affiliate. L-R: USCIB China Committee Co-Chair Tad Ferris (Holland and Knight), Nicole Wang (CCOIC), CCOIC Deputy Secretary General Lin Shunjie, USCIB President and CEO Peter Robinson, Justine Badimon (USCIB).

The Beijing Dialogue, jointly organized with USCIB’s China Committee and with strong input from the Business and Industry Advisory Committee to the OECD, assessed conditions to promote a greener economy in China, key opportunities for industry to enhance China’s efforts, and issues related to competitiveness in global markets.  The meeting also served as a platform to discuss areas for improvement and cooperation within the private sector, and private/public partnerships.

The event was highlighted by a keynote address from Zhou Hongchun, one of the Chinese government’s leading advisors and experts on green industry development policy, including structural adjustment, “circular economy” promotion, and industrial energy efficiency.  The event also featured a panel of industry experts and representatives, including Joerg Wuttke (BASF), chair of BIAC’s China Committee.

USCIB representatives also took advantage of the visit to meet with representatives of the China Chamber of International Commerce (CCOIC), our Chinese sister organization in the International Chamber of Commerce and the ATA Carnet system, which enables duty-free, tax-free temporary exports to some 80 countries and customs territories around the world.

For more information about the upcoming Green Economies Dialogue sessions, please contact Kira Yevtukhova (kyevtukhova@uscib.org).

Staff contact: Justine Badimon and Norine Kennedy

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Green Economies Dialogue website

India’s Retroactive Tax Proposal Assailed by Business

Faced with an Indian proposal to retroactively tax mergers and acquisitions as far back as a half-century, USCIB joined with other top business groups from North America, Europe and Japan in a letter to Indian Prime Minister Manmohan Singh protesting the move.

The proposal, contained in India’s 2012 finance bill, could upend numerous previously decided, could have a major dampening effect on foreign investment in the country.  In their letter, the business groups wrote: “The sudden and unprecedented move in the Bill has undermined confidence in the policies of the Government of India toward foreign investment and taxation and has called into question the very rule of law, due process, and fair treatment in India. This is now prompting a widespread reconsideration of the costs and benefits of investing in India.”

The letter was timed to coincide with the visit to India by U.K. Chancellor of the Exchequer George Osborne, who was expected to raise the issue with his Indian hosts.  In addition to USCIB, the letter was signed by the Business Roundtable, Canadian Manufacturers & Exporters, Capital Markets Tax Committee of Asia, the Confederation of British Industry, the Japan Foreign Trade Council and the National Foreign Trade Council.

Staff contact: Carol Doran Klein

More on USCIB’s annual tax conference (June 4-5, 2012, Washington, D.C.)

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