USCIB Taxation Update

USCIB’s Taxation Committee has undertaken a number of recent initiatives to advance our overarching objective of enhancing U.S. competitiveness by promoting sound, appropriate, and consistent international tax policy at home and abroad.

USCIB’s working groups on the transfer pricing of intangibles finalized an initial paper on the definition of intangible property and submitted it to the OECD and the U.S. Treasury.  The OECD’s Center for Tax Policy and Administration, Working Party 6, will hold a meeting, attended by USCIB and other business representatives, to consider issues relating to the definition of intangibles in November.  The appropriate treatment of income from intangible property is critical to global companies, making this project perhaps the most important on our tax agenda at the moment.

Carol Doran Klein, USCIB’s vice president for tax policy, attended the September 19 meeting of the Transfer Pricing Subgroup of the OECD Task Force on Tax and Development.  The meeting focused on implementation strategies for capacity-building for developing countries, in particular what kind of assistance is necessary and how that assistance can best be provided.  Helping developing countries effectively implement the arm’s-length standard is important if business is going to discourage countries from moving to formulary apportionment.  Business representatives volunteered to assemble a database of experts willing to provide assistance, along with their areas of expertise and special skills (including language capabilities).

More on USCIB’s Taxation Committee

USCIB Welcomes Senate Passage of GSPTAA/Bill

New York, N.Y., September 23, 2011– Peter M. Robinson, president and CEO of the United States Council for International Business, issued the following statement regarding the Senate’s passage of the trade bill renewing the Generalized System of Preferences and Trade Adjustment Assistance:

“USCIB applauds the Senate’s passage of the GSP/TAA bill and is encouraged by bipartisan support for the measure.  We urge the House to act quickly on this legislation and the White House to move forward with submitting the Korea, Colombia and Panama Free Trade Agreements to Congress.  It is essential to the American business community that all necessary action on these trade bills is completed as soon as possible, to ensure that our companies can continue to compete and create jobs through expanded market access.”

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, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More at www.uscib.org.

Business Leaders Meet in Hong Kong to Rethink Global Recovery

The ICC G20 Advisory Group, an initiative of USCIB’s affiliate the International Chamber of Commerce, today consulted with the CEOs of leading regional companies to deliver business input on economic growth and job creation to G20 leaders.

The roundtable in Hong Kong was hosted by ICC Honorary Chairman Victor K. Fung, chairman of the Li & Fung group of companies. Outcomes of the discussions will form a basis for business views being brought to the G20 Summit, November 3-4 in Cannes, France.

“Recent events have shown the fragility of economic recovery and highlighted the need for forward-looking measures to support trade, global economic cooperation and job creation,” said Mr. Fung.  “Our focus on jobs is deliberate: every major economy is facing serious challenges in this area, whether due to fiscal concerns, demographic change, or social integration.”

Read more on ICC’s website.

More on ICC’s G20 Advisory Group

USCIB Customs Update

USCIB’s Customs and Trade Facilitation Committee had a busy month of August, undertaking a number of actions in support of our goals of reducing trade barriers and transaction costs arising from customs and border control practices, and promoting global convergence and modernization of customs practices.  Here are some of the highlights.

USCIB President and CEO Peter Robinson sent a letter to Dan Restrepo, senior director for Western Hemisphere affairs on the National Security Council, expressing USCIB’s support for the February 4, 2011, declaration made by President Obama and Canadian Prime Minister Stephen Harper on perimeter security and economic competitiveness between the United States and Canada.  USCIB expressed support for the broader agenda of the Beyond the Border Working Group, but emphasized our support for the harmonization of the U.S. and Canadian trusted trader programs, the Customs Trade Partnership Against Terrorism (C-TPAT) and Partners in Protection, through the creation of a mutual recognition agreement.

Also in August, Mr. Robinson wrote to CBP Acting Assistant Commissioner Charlie Stallworth voicing USCIB’s concerns regarding the ongoing work at the World Customs Organization (WCO) related to establishing pre-departure cutoff times in the SAFE Framework of Standards for advance information on air cargo.  The WCO’s work came in response to a European Commission proposal to establish a four-hour prior to departure deadline for reporting advance information to customs authorities for air cargo shipments.  Mr. Robinson urged that imposing such a requirement would undercut the express industry’s economic model, which is driven by just-in-time deliveries of critical and high-value shipments, and expressed concern over conflicting approaches to air cargo security being taken by different customs authorities.

More on USCIB’s Customs and Trade Facilitation Committee

SWIFT and ICC Collaborate on Enhanced Rules and Tools for Trade Finance

Declaration of Cooperation paves way for market acceptance of the Bank Payment Obligation instrument

New York, N.Y., September 21, 2011 – SWIFT, the financial messaging provider for more than 9,700 financial institutions and corporations in 209 countries, and the Banking Commission of the International Chamber of Commerce (ICC) have signed a Declaration of Cooperation that will enable industry-wide adoption of the Bank Payment Obligation (BPO), according to ICC’s American national committee, the United States Council for International Business (USCIB).

The ICC Banking Commission is a global rule-making body for the banking industry and a worldwide forum of trade finance experts whose common goal is to facilitate international trade finance.

The BPO will offer an alternative means of settlement in international trade and will provide the benefits of a letter of credit in an automated environment. It enables banks to offer flexible risk mitigation and financing services across the supply chain to their corporate customers.

Both ICC and SWIFT believe that by working together and leveraging their respective positions across the trade finance community, the BPO will have an important role to play in the development of international trade by addressing cost pressures in the face of increased automation and changes in the regulatory environment.

“Trade finance is a critical banking service supporting the world economy,” said Kah Chye Tan, chair of the ICC Banking Commission and global head of trade and working capital with Barclays.  “It is vital that the industry aligns on enhanced rules and tools in support of trading counterparties whether large or small. The ICC Banking Commission views the development of the BPO rules and the related ISO 20022 messaging standards as strong foundations for banks to provide modern risk and financing services aligned with today’s technology evolution.”

Michael Quinn, chair of USCIB’s Banking Committee and managing director at JP Morgan Global Trade Services, elaborated: “The Bank Payment Obligation will facilitate significant operating process improvement for corporations involved in Trade Finance while preserving the risk mitigation attributes of the traditional letter of credit.  The ICC-SWIFT work on BPO rules and standards leverages the  expertise of the respective organizations to help broaden the availability of trade finance for bank customers, an important driver of economic growth at a time when it’s vitally needed both here in the U.S. and abroad.”

Industry forecasts indicate that merchandise exports will reach $33 trillion (U.S.) by 2020, from $6 trillion in 2000, explained Gottfried Leibbrandt, head of marketing at SWIFT.  “ICC and SWIFT are best positioned to help the banking industry facilitate further growth of trade using innovative solutions,” he said.  “SWIFT is committed to helping its member banks deliver innovation in trade finance to the corporate world.”

The declaration, signed at Sibos in Toronto, confirms the framework for collaboration between SWIFT and ICC to publish and maintain a set of contractual rules that will establish uniformity of practice in the market adoption of the Bank Payment Obligation (BPO) and the related ISO 20022 messaging standards.

 

About the ICC Banking Commission

The ICC Banking Commission is a leading global rule-making body for the banking industry, producing universally accepted rules and guidelines for international banking practice, notably letters of credit, demand guarantees and bank-to-bank reimbursement. ICC rules on documentary credits, UCP 600, are the most successful privately drafted rules for trade ever developed and are estimated to be the basis of trade transactions involving more than one trillion dollars a year. The Banking Commission is equally a worldwide forum of trade finance experts whose common aim is to facilitate international trade finance across the world. With over 500 institutional members in 85 countries, many of them emerging, the Banking Commission is one of the largest ICC Commissions.

About SWIFT

SWIFT is a member-owned cooperative that provides the communications platform, products and services to connect more than 9,700 banking organizations, securities institutions and corporate customers in 209 countries. SWIFT enables its users to exchange automated, standardized financial information securely and reliably, thereby lowering costs, reducing operational risk and eliminating operational inefficiencies. SWIFT also brings the financial community together to work collaboratively to shape market practice, define standards and debate issues of mutual interest.

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.

More on USCIB’s Banking Committee

Business Presses for Action on State-Owned Enterprises in Trans-Pacific Trade Talks

USCIB has joined with three other business groups in urging the U.S. government to propose strong disciplines on state-owned enterprises in the context of the Trans-Pacific Partnership (TPP) negotiations.

In a letter to Michael Froman, the deputy national security advisor for international economic affairs, and Demetrios Marantis, deputy U.S. trade representative, the groups wrote:

“On the eve of the Chicago Round, the stakes in the TPP could not be higher. A successfully concluded TPP that sets the benchmark for 21st century bilateral, regional and multilateral trade and investment disciplines will go a long way towards establishing new rules of the road that would help U.S. companies and workers overcome the serious disadvantages that they face in competition with SOEs as commercial actors.

“We are concerned, however, that the final text tabled by the United States in the negotiations may fall short of the robust and detailed disciplines that are needed to ensure that U.S. exporters, investors, and American workers are able to compete on a level playing field against SOEs and the government support which they receive through myriad preferential policies.  For our organizations, the TPP does not represent an incremental opportunity; it is an opportunity for an ambitious and game-changing approach worthy of the 21st century model it is intended to represent.

“As a result, we strongly encourage a final text be tabled that prescribes a detailed and comprehensive code of conduct to TPP negotiating partners.  This code of conduct should include disciplines and obligations that can effectively deter governments from employing policy mechanisms that advantage SOEs in the marketplace when in competition with private actors.”

Other groups signing the letter were the National Foreign Trade Council, Coalition of Service Industries and U.S. Chamber of Commerce.

Staff contact: Shaun Donnelly, sdonnelly@uscib.org

Business letter on Trans-Pacific Partnership

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

More on USCIB’s Trade and Investment Committee

USCIB Gears Up for APEC Senior Officials Meeting in San Francisco

A wide-ranging agenda in San Francisco will help set the stage for this November’s APEC summit in Honolulu.
A wide-ranging agenda in San Francisco will help set the stage for this November’s APEC summit in Honolulu.

USCIB members and staff will be front and center as the Asia-Pacific Economic Cooperation (APEC) economies convene September 12-26 in San Francisco for their third senior officials’ meeting of 2011.  Founded in 1989, APEC encompasses 21 economies of the Asia-Pacific region, with a focus on facilitating economic growth, cooperation, trade and investment.

As the host to APEC this year, the United States held the first two senior officials’ meetings in Washington, D.C. in February and in Big Sky, Montana in May.  The meetings in San Francisco will set the stage for the APEC Leaders Meeting and CEO Summit, November 9-14 in Honolulu.

The San Francisco gathering will include important high-level meetings on women and the economy, energy and transportation, information and communications technology, and life sciences innovation.  Also on the agenda are important sessions on customs and trade facilitation, electronic commerce and data privacy, and chemicals.

By participating in the APEC process, companies and business groups have the opportunity to lay out their priorities on various trade and investment issues directly to the economies of greatest interest, and participate in dialogues with the officials who ultimately make the policy decisions affecting their industry.  Business input into APEC is facilitated at the regional level through the APEC Business Advisory Council, and at the U.S. level via the National Center for APEC.

USCIB members and staff will be busy informing discussions and attending a number of high-priority meetings, including the following.

  • Women and the economy: Ronnie Goldberg, USCIB’s executive vice president and senior policy officer, has been invited by the Department of State to attend the Women and the Economy Summit, which takes place September 13-16. The WES is set to bring together senior private- and public-sector representatives for a dialogue on fostering women’s economic empowerment among the APEC economies. Secretary of State Hillary Clinton is scheduled to deliver the keynote address.
  • Chemicals: Helen Medina, USCIB’s director of life sciences and product policy, will have an active role at the APEC Chemical Dialogue, scheduled for September 12-13, leading industry input and continuing discussion on the chemical in articles project from February’s meeting in Washington, D.C.
  • Customs: Nasim Deylami, USCIB’s manager of customs and transport policy, will participate in the APEC Customs-Business Dialogue on September 17, joined by members of USCIB’s Customs Committee to address issues ranging from mutual recognition of authorized economic operators to supply-chain connectivity and security.
  • Privacy: USCIB is coordinating a seminar on “APEC Cross-Border Privacy Rules: The Company Perspective:”  At the earlier senior officials meeting in Washington, Heather Shaw, USCIB’s vice president of ICT policy, spoke on a panel about the costs and benefits to corporate participation in the program.  In San Francisco, a working group will consider the potential interoperability between the APEC rules and other existing regulatory systems dealing with cross-border privacy issues, such as the EU’s binding corporate rules.

In addition to the above events, Justine Badimon, USCIB’s APEC affairs manager, will join members at public-private dialogues at the energy and transportation ministerial, a meeting of the APEC business mobility group, and the Secure Trade in APEC Region conference.  She will also support a presentation of the Asia-Pacific Interactive Tariff Database to the business community and APEC customs officials.

USCIB is already looking ahead to the November leaders’ meeting and CEO summit in Honolulu, where a full agenda of public-private roundtables and events is being organized to facilitate discussion and cooperation between the public and private sectors of APEC member economies.  USCIB President and CEO Peter Robinson plans to attend the CEO summit, joining many USCIB member companies in communicating industry’s priorities for the Asia-Pacific region.

For more information about registration for private-sector activities, please visit the National Host Committee’s website at www.apec2011usa.org.

Staff Contact: Justine Badimon

US Ramps Up Multilateral Attention on State-Owned Enterprises

August 9, 2011

U.S. Ramps Up Multilateral Attention on State-Owned Enterprises

Senior U.S. officials are pressing governments in the Asia-Pacific region and elsewhere to develop multilateral rules to rein in state-owned enterprises, which are often favored by their home governments and increasingly compete against U.S. firms in third countries.  Speaking in Hong Kong in July, Secretary of State Hillary Clinton urged Asia-Pacific governments to pursue multilateral agreements over bilateral economic pacts, develop rules in a fair and transparent manner, and avoid providing unfair advantages to state-owned enterprises.

Business Urges U.S. to Restart India Investment Talks: USCIB joined a number of industry groups in encouraging the U.S. government to re-engage India in discussions toward a bilateral investment treaty (BIT).  In a letter to Secretary of State Hillary Clinton and U.S. Trade Representative Ron Kirk, the business groups stated: “Negotiating a strong and high-standard BIT with India will produce substantial increases in productive investments by U.S. companies, U.S. exports and other new market opportunities for the United States.  BITs are a vital tool to protect important U.S. investments overseas that promote U.S. exports and economic growth.”  A related association letter was submitted to India’s ministry of commerce in response to a discussion paper on India’s investment policy, in particular the use of equity caps.  The business letter urged India to phase out these caps, which are expected to be an issue in any potential BIT with the United States.

“There is now a danger of creating a hodgepodge of inconsistent and partial bilateral agreements which may lower tariffs, but which also create new inefficiencies and dizzying complexities,” Secretary Clinton said.  “A small electronics shop, for example, in the Philippines might import alarm clocks from China under one free trade agreement, calculators from Malaysia under another, and so on — each with its own obscure rules and mountains of paperwork — until it no longer even makes sense to take advantage of the trade agreements at all. Instead, we should aim for true regional integration.”

Secretary Clinton said the U.S. wants to focus attention on state-owned enterprises via Trans-Pacific Partnership talks.  “We are working to ensure that the TPP is the first trade pact designed specifically to reduce barriers for small and medium-sized enterprises.  After all, these are the companies that create most of the world’s jobs, but they often face significant challenges to engaging in international trade.  So, the TPP aims to ensure fair competition, including competitive neutrality among the state-owned and private enterprises.”

These themes were echoed in remarks by Deputy U.S. Trade Representative Demetrios Marantis in Washington, also in July.  Mr. Marantis told a conference convened by the Coalition of Services Industries that, as USTR develops a proposal for dealing with state-owned enterprises in the TPP talks, negotiations, it is using work already underway in the Organization for Economic Cooperation and Development as a guide.

He said that the U.S. approach on SOEs in the TPP talks would be based upon OECD work on fostering “competitive neutrality” between SOEs and private firms.  “We are working right now on determining what our best negotiating proposal can be in the Trans-Pacific Partnership that covers this issue.”

 Contact: Eva Hampl or Shaun Donnelly

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

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Transatlantic Dialogue on Investment Urged

USCIB has joined several business associations in urging the United States and the European Union to take up shared issues relating to foreign investment as a priority matter.

In a letter to EU Trade Commissioner Karel De Gucht and Michael Froman, the U.S. deputy national security advisor for international economic affairs, the business groups argues strongly in favor of reinvigorating the U.S.–EU Investment Dialogue with special attention to:

  • coordinating efforts including promoting strong investment protections in key third countries, especially countries such as China, Russia, Ukraine, India and key countries in Latin America;
  • highlighting that a major theme of “third-country” discussions should be how the EU and U.S. can use investment and other agreements to mitigate the anticompetitive effects of government supports for state-owned enterprises;
  • reiterating a long-standing position that any evaluation of inward investment should contain safeguards to ensure that it is limited to legitimate national security concerns; and
  • tracking investment negotiations and handling of BITS in the EU as the authority for negotiating BITS has shifted from the member states to the EU Commission.

USCIB is seeking input from members on the range of issues to be taken up when the investment dialogue is revived.

 

Business letter on U.S.-EU Investment Dialogue

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

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More on USCIB’s European Union Committee

USCIB Urges Closer Cooperation on Air Cargo Security

In June, USCIB urged the heads of U.S. Customs and Border Protection and the Transportation Security Administration to work more closely to improve air cargo security, including taking other countries’ rules and regulations into account when implementing new air cargo security rules.

In a letter to Customs chief Alan Bersin and TSA Administrator John Pistole, USCIB President and CEO Peter M. Robinson commended the two agencies for working with the private sector to implement protocols and rules of engagement for the air cargo security program, and expressed hope that heightened interagency cooperation would continue to ensure a streamlined program.

On the international aspect of new security rules, Mr. Robinson wrote: “Although CBP recently suggested increasing the number of countries in the pilot program from 28 to 42 countries, … we urge that any increase be done with significant private sector consultation to ensure the proper consideration of issues such as timing and availability of information, volume of shipments for each country, as well as data privacy rules and regulatory hurdles in each country. USCIB urges CBP and TSA to assess the regulatory environment in other countries before increasing the scope of this pilot program.”

 

USCIB letter on air cargo security

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