USCIB Urges Active Trade and Investment Agenda

President Obama and Korean President Lee Myung-bak at last fall’s G20 Summit in Seoul.  A U.S.-Korea trade pact has been submitted to Congress.
President Obama and Korean President Lee Myung-bak at last fall’s G20 Summit in Seoul. A U.S.-Korea trade pact has been submitted to Congress.

Providing its views on the Obama administration’s trade policies and outlook, USCIB submitted written testimony to a February 9 hearing in the House Ways and Means Committee, calling on the administration to “pursue an active trade and investment agenda to open global markets.”

USCIB commended the administration for finalizing the U.S.-Korea free trade agreement, for pledging to double U.S. exports over five years, and for moving forward on the Trans-Pacific Partnership negotiations. It also said efforts to improve enforcement of existing trade agreements, especially through the World Trade Organization, had been helpful.

But much more could be done to open global markets for U.S. business, according to USCIB.  The testimony stated: “The key elements of a trade and investment agenda should include: completing the Free Trade agreements with Korea, Colombia and Panama; concluding an ambitious Doha Agreement in the World Trade Organization; moving forward with the Trans-Pacific Partnership negotiations to reach a high-standard trade framework; identifying new bilateral and multilateral trade initiatives with significant economic partners; addressing ongoing U.S.-Chinese trade and investment issues; accelerating work on investment treaties that will ensure protection of U.S. business investments in other countries; and aggressively promoting U.S. exports of clean technologies and environmentally-friendly goods and services.”

USCIB urged the administration to act “quickly and decisively” and to undertake new trade initiatives with leading trading partners in the near term.

On March 1, U.S. Trade Representative Ron Kirk released the Obama administration’s trade agenda.  “This agenda reflects our commitment to a job-focused, comprehensive trade policy that benefits American businesses and workers as well,” he said.

This week Mr. Kirk said his office had finished preparing the Korea free trade agreement for submission to Congress.  He also stated that the Colombia and Panama FTAs will require “weeks or months” of additional work to finalize, and that the administration intends to press ahead and seek approval of just the Korea pact at this time.  Trade proponents on Capitol Hill and in the business community have urged that the Colombia and Panama pacts be quickly finalized so that Congress can consider the three FTAs at the same time.

Staff contact: Rob Mulligan

USCIB Testimony on the Administration’s Trade Agenda

More on USCIB’s Trade and Investment Committee

Banking Rules Set to Drive Discussion at the ICC Banking Commissions 80th Anniversary Meeting

The International Chamber of Commerce (ICC), USCIB’s affiliate, will hold its annual Banking Commission meeting this year from March 21-23 in Zurich, Switzerland, where more than 250 members including bankers, business leaders, finance experts and government officials, are set to attend. Some topics of discussion will feature a presentation of the 2011-2015 strategy, as well as discussion on key policy topics from International Standard Banking Practice (ISBP), to the ICC Register on Trade and Finance, to counter terrorist financing and anti-money laundering.  The ICC is presenting its new Banking Commission to members at the upcoming meeting as part of an effort to encourage dialogue, make policy recommendations and develop rules to improve trade finance. Leading experts in trade and finance will speak at the meeting. A highlight of the meeting will be the release of the findings from the ICC Global Survey 2011, which covers the year 2010, achieved record participation levels, with around 210 respondents from 94 countries.

Click here to read more on ICC’s website.

More on USCIB’s Banking Committee

Pfizers Barone is New Vice Chair of ICC Customs Committee

Anthony Barone
Anthony Barone

USCIB affiliate the International Chamber of Commerce (ICC) has appointed Anthony Barone, director of global logistics policy at Pfizer, as vice chair of its Committee on Customs and Trade Regulations.

In his role as vice chair, Mr. Barone is set to advance the committee’s work program, as well as to provide support to the committee’s chair, Selig Meber, vice president of GE International, in developing consensus within the committee on policy positions and statements.

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.  “The committee is honored to have Mr. Barone as the new vice chair and is looking forward to benefitting from his contributions,” ICC said in a statement.

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 the third-party logistics industry and with supply-chain IT providers.

Between 2005 and 2009, Mr. Barone served on the U.S. Customs Operations Advisory Committee, and in 2008, he joined the Private Sector Advisory Committee of the World Customs Organization in Brussels.

Mr. Barone is currently a member of the New Jersey Export District Council of the U.S. Department of Commerce.  He graduated from Columbia University with an MBA in management.  Outside of Pfizer, he writes screenplays and is a member of several writer groups.

The committee elected Mr. Barone, whose appointment was announced during their last meeting on January 27 in Brussels.  He will help the chair represent consensus viewpoints of the committee, including those of governmental decision-makers and the media as needed.  He will also be called upon to lead meetings of the committee when the chair is unable to do so.

More on USCIB’s Customs and Trade Facilitation Committee

USCIB Pushes Back Against Efforts to Permit Capital Controls Under FTAs

USCIB and other industry groups have written to U.S. Treasury Secretary Timothy Geithner to argue against calls by some academics to change capital control rules in U.S. trade and investment agreements.  Presently, U.S. free trade agreements and bilateral investment treaties generally preclude the imposition of capital controls, except in extraordinary circumstances.  But some have argued that broader use of such measures may be needed in light of the 2008 financial crisis.

In the letter, the business groups argued that U.S. investment treaties and trade agreements already permit governments to take necessary action, including capital controls, to ensure the safety and soundness of their financial systems.  “That flexibility is more than sufficient to allow countries to take necessary actions to deal with a financial crisis,” the letter stated.

“Moreover, the critics advocating these changes inaccurately characterize the United States as some sort of outlier in including these rules in their trade agreements and BITs.  In fact, most Western European, Canadian and Japanese investment treaties (which are far more numerous than U.S. agreements) have long included similar provisions requiring the free flow of capital.  Most of those agreements are not as flexible as U.S. trade agreements and BITs because they do not contain the prudential flexibility found in U.S. agreements.”

According to USCIB Vice President Stephen Canner, the industry letter is timely in light of next week’s upcoming round of talks under the Trans-Pacific Partnership initiative.

Staff contact: Stephen Canner

More on USCIB’s Trade and Investment Committee

Asia-Pacific Interactive Tariff Database Launch

The business community moves forward with initiative to make trade information in the Asia-Pacific region more widely available.

Washington, D.C., January 31, 2011 –The National Center for APEC (NCAPEC) and the United States Council for International Business (USCIB) are pleased to announce the official launch of the pilot phase of the Asia-Pacific Interactive Tariff Database.The Asia-Pacific Interactive Tariff Database provides business in the Asia-Pacific region with a tool to make cost-saving sourcing decisions based on up-to-date tariff information.

“This database will save Levi Strauss & Co. time and money by organizing information from many of our key trading partners in an easily searchable manner.  Access to accurate and up-to-date information allows us to remain competitive in the global business economy,” noted Laurie Goldman, senior manager of worldwide government affairs and public policy with Levi Strauss & Co.

In 2009 APEC economies agreed to make their customs and tariff information more transparent and available to the public. Members of the business community expressed interest in taking that important progress one step further by creating a robust trade database that would be fully searchable based on Harmonized System classification numbers.

This long-term initiative supported by NCAPEC and USCIB, aims to draw attention to the lack of publicly available information on tariffs and preferential rules of origin which have made it difficult for companies to take full advantage of the many free trade agreements negotiated in the Asia-Pacific region.

“The APEC economies account for 58 percent of all U.S. exports, while our direct investment in the region totals some $820 billion,” said USCIB Executive Vice President Ronnie Goldberg.  “As we seek to increase our competitiveness, create good-paying jobs at home and achieve President Obama’s goal of doubling U.S. exports within five years, companies will need access to new sources of information and market intelligence. This database is an important step in that direction.”

The pilot phase of the Asia-Pacific-wide tariff database is expected to test the concept of the database and obtain feedback and input from participating companies including 3M, Levi Strauss & Co. and Pfizer. The pilot will be active for a period of about six months and is expected to fully launch during the U.S. hosting of APEC in 2011.

“The Asia-Pacific Interactive Tariff Database will improve customs transparency, support export growth and make it easier for companies large and small to do business in the Asia-Pacific region.  It is a concrete example of the work being done in APEC to facilitate trade and to advance economic integration in this dynamic part of the world,” stated Monica Whaley, president of the National Center for APEC.

Integration Point, a global trade compliance solution provider, supplies the platform powering the Asia-Pacific Interactive Tariff Database. As part of the platform, the Integration Point Global Trade Content team maintains up-to-date tariff information such as applied tariff rates, rules of origin, preferential trade treatment and scheduled future tariff rates among other vital sourcing information.

If your company has interest in learning more about how to participate in the pilot phase of the Asia-Pacific Interactive Tariff Database, please contact the following staff at NCAPEC and/or USCIB:

Contacts:

Robert Fiddick, NCAPEC, Program Associate
206-441-9022 or rfiddick@ncapec.org

Justine Badimon, USCIB, Manager, Asia-Pacific, China and EU Affairs
212-703-5062 or jbadimon@uscib.org

 

About NCAPEC
NCAPEC is the only U.S. business association focused exclusively on facilitating American private sector input into the Asia-Pacific Economic Cooperation (APEC) process. The National Center functions as a conduit for U.S. businesses into APEC by serving as the Secretariat for the three U.S. executives who are appointed members of the APEC Business Advisory Council (ABAC).

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.  With a global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide.

About Integration Point
A leading provider of global trade compliance solutions, Integration Point assists international companies by providing import and export visibility globally, delivering up-to-date global regulatory information and facilitating connectivity to supply chain partners and government agencies around the globe.

www.IntegrationPoint.com or 704-576-3678.

EU Audit Policy Proposals Stir Concern

In a move that will have a broad impact on companies operating globally, the European Commission recently published a Green Paper on “Audit Policy: Lessons from the Crisis,” launching a consultation process which could lead to new European legislation on statutory audit and related matters in 2011-2012.  The Commission explicitly stated its intention to assume international leadership on these matters in the context of the G20.

The Commission’s proposals, if enacted into law, would affect not only European-based companies, but also U.S. companies with investments in Europe.  U.S. subsidiaries subject to statutory audit requirements in Europe would be directly affected, and US parent companies would be affected by the indirect impacts on the audit of consolidated financial statements.

The Green Paper is important because it suggests, among other things, audit policy changes and related actions that could:

  • Disenfranchise audit committees of the board and shareholders with respect to the appointment, oversight and remuneration of external auditors and the provision of non-audit services;
  • Impose new costs and increased audit complexity on companies by requiring mandatory rotation of audit firms and/or mandatory retendering of the audit on a fixed schedule;
  • Impose new corporate reporting, communication and audit requirements in areas such as social and environmental responsibility;
  • Expand communications between the auditor and the audit committee of the Board, as well as external stakeholders;
  • Address issues of competition and choice in the audit market; and
  • Substitute regulation for management and market-based decision-making.

This month, USCIB submitted comments on the Green Paper.  We have also addressed some of these issues through our work on corporate governance, capital markets and investment in BIAC and ICC.  While new legislation may be inevitable, it is important that business work at these early stages in the EU’s process to help assure that the outcome is cost-effective, protects shareholder rights, preserves audit quality, and does not unduly burden international companies.

Staff contacts: Justine Bareford-Badimon and Stephen Canner

USCIB comments on the EU Green Paper on Audit Policy

More on USCIB’s Trade and Investment Committee

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USCIB Members Meet With EU Economic and Monetary Affairs Commissioner

L-R: Peter Schwaiger of the EU Delegation to the United Nations, EU Commissioner Olli Rehn, and Brian Fix, Chair of USCIB’s European Union Committee.
L-R: Peter Schwaiger of the EU Delegation to the United Nations, EU Commissioner Olli Rehn, and Brian Fix, Chair of USCIB’s European Union Committee.

On August 24 in New York, USCIB held a business roundtable with European Union Economic and Monetary Affairs Commissioner Olli Rehn at the EU Delegation to the United Nations. The discussion offered members a unique perspective on how Europe is overcoming the economic crisis, and the outlook going forward.

Brian Fix (Salans LLP), chair of USCIB’s European Union Committee, introduced Commissioner Rehn and highlighted some of the issues that USCIB member companies are focusing on in the EU economic policy area.

Commissioner Rehn said the EU’s recovery is occurring at an uneven pace, with Germany leading the pack, and expressed optimism for future growth.  He outlined how the European Union has strived to reinforce fiscal confidence and contain further instability in the eurozone, praising the efforts of many EU members to impose harsh short-term monetary measures so as to achieve long-term stability.  He also discussed the European Union’s legislative work on financial reform, with proposals expected by the end of September.

Commissioner Rehn emphasized the EU’s need to vigilantly maintain its “fire-fighting” abilities, while acknowledging that it is now “time for the architects to step in.”

USCIB members raised topics ranging from influencing exchange rates and the weakening of the euro, requirements for new member states under new economic models in the wake of the Greek debt crisis, EU enlargement policies, and stability in the eurozone with the European Financial Stability Facility.

The same day as the USCIB briefing, Commissioner Rehn published an op-ed in the Wall Street Journal on the state of the Greek economy.

More on USCIB’s European Union Committee

New Study Demonstrates Trades Positive Impact on US Jobs

The Business Roundtable has released an update of a study from Trade Partnership Worldwide, LLC, entitled “Trade and American Jobs.”  Coupled with a recently revised study published by USCIB and the Roundtable on the positive net employment and other economic effects of outbound investment by U.S. firms, this newly revised report helps convincingly demonstrate how international economic engagement provides major benefits for the U.S. economy.

The BRT study’s major findings are:

  • U.S. trade continues to expand, and with it, domestic employment.  More than 38 million U.S. jobs depend on trade.  That means that more than one in every five jobs is linked to exports and/or imports of goods and services.
  • Service-sector jobs figure prominently among trade-dependent jobs in the United States.  In addition, contrary to popular belief, the net impact of trade on the overall number of U.S. manufacturing jobs is positive.
  • Trade-dependent jobs have grown at a faster pace than U.S. employment as a whole.

Click here to download the study.

Staff contact: Stephen Canner

More on USCIB’s Trade and Investment Committee

USCIB Applauds Presidents Pledge to Move Forward on Korea Free Trade Agreement

New York, N.Y., June 28, 2010 – The United States Council for International Business (USCIB), which represents America’s top global companies, released the following statement today:

USCIB applauds the announcement by President Obama, at the G20 Summit in Canada, of the United States’ determination to move forward on the U.S.-Korea free trade agreement currently awaiting submission to Congress.

Korea is already a key U.S. trading partner.  Ratification of the Korea FTA would solidify market access in this important and growing market for U.S. companies, providing a boost to employment at home and to U.S. competitiveness overall.

We hope this decision signals renewed vigor and forward movement in U.S. trade policy.  The Korea agreement and other pending bilateral FTAs deserve prompt attention from Congress.  Other nations have not stood still.  Indeed, the European Union recently agreed to a free trade agreement with Korea.  We must maintain forward momentum in our trade policy or risk being left behind.

USCIB also calls upon the Obama administration to join with the G20 and other trading partners to revive serious negotiation toward completing the stalled Doha Round of trade talks in the WTO.  Through our international affiliates, we have worked to develop a strong worldwide business consensus in favor of a balanced, ambitious and comprehensive Doha Round agreement.

At a time when we are facing the prospect of a double-dip recession along with major public-sector financial difficulties in many nations, such an agreement would provide much-needed stimulus to the global economy, and would help lay the foundation for sustained recovery and growth.

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
+1 212.703.5043 or jhuneke@uscib.org

 

More on USCIB’s Trade and Investment Committee

OECD Tax Conference Surveys Rapidly Changing Landscape

L-R: The OECD’s Jeffrey Owens, USCIB President Peter Robinson, IRS Commissioner Douglas Shulman, Michael Reilly of Johnson & Johnson, USCIB’s Lynda Walker and Microsoft’s Bill Sample.
L-R: The OECD’s Jeffrey Owens, USCIB President Peter Robinson, IRS Commissioner Douglas Shulman, Michael Reilly of Johnson & Johnson, USCIB’s Lynda Walker and Microsoft’s Bill Sample.

As a new decade gets under way, the tax world is being reshaped by a series of major trends and developments.  Fallout from the financial crisis, the emergence of new economies as global players, a focus on transparency and effective tax administration, and increasingly close international cooperation are just some of the currents affecting tax systems and taxpayers alike.

Against this backdrop, USCIB, the OECD and BIAC convened their latest annual tax conference in Washington, D.C., June 7 and 8.  The event brought together top officials from the U.S. and other governments, OECD representatives, corporate executives and other experts to discuss how the Paris-based OECD, which groups the world’s major market democracies, influences tax policies worldwide, and how business can work with it.

The challenges facing tax professionals in both the public and private sectors are many and varied.  According to Bill Sample, corporate vice president for worldwide tax with Microsoft, and chair of USCIB’s Taxation Committee, the dispersal of key corporate functions across borders increases the number of international transactions just in the course of ordinary operations.  “With the rise of the service economy, and the prevalence of intangible goods like software, it can be a real challenge for policy makers to keep up,” he said.

Add to the mix the OECD’s recent enlargement and engagement with non-OECD economies, and the picture becomes even more multifaceted.  “The myth of the OECD as an insular ‘rich man’s club’ is being shattered as a new wave of members lines up to join, and as we deepen our engagement with other major new economies,” said Jeffrey Owens, director of the OECDs Center for Tax Policy and Administration.

The conference, which drew an audience of over 300, featured an array of thought-provoking panel discussions.

IRS Commissioner Douglas Shulman, who chairs the OECD’s Forum on Tax Administration (FTA), said the already close cooperation between tax authorities in manor economies would increasingly give way to cross-border coordination on key issues.

“As chair of the FTA, I am working with my international counterparts to build greater cooperation between tax authorities across the world,” Mr. Shulman stated.  He said FTA members could “speak with a unified voice on such critical maters as offshore compliance, corporate governance and high net-worth individuals.”

Mr. Shulman said a priority area for such international coordination is joint audits, where the United States and other jurisdictions would collaborate closely to avoid duplication of effort and agree on basic facts in a company audit and the appropriate treatment.  He predicted such audits would be less intrusive and burdensome for taxpayers, and he said the FTA would draft a how-to guide to ensure best practices and uniformity across borders.

Conference panels tackled a number of issues that can bedevil even the most astute tax planners at global companies.  Take transfer pricing, the system under which companies and tax authorities account for intra-company sales across borders.  “Transfer pricing disputes involving intangible goods tend to be among the most contentious and high-stakes international tax controversies companies face,” said Lynda Walker, USCIB’s vice president and international tax counsel.

The OECD is about to undertake a review of how its Transfer Pricing Guidelines apply to intangibles.  A panel at the conference looked at whether consensus can be reached on what exactly constitutes an intangible.

Another set of issues revolve around international efforts to curtail climate change.  Tradable permits are likely to be one of the principle instruments used to reduce emissions of greenhouse gases, according to Chris Lenon, global head of tax with Rio Tinto, and chair of BIAC’s Tax Commitee.  “Yet little systematic study has been undertaken of the tax treatment of such permits or of whether the interaction between national tax systems might impede the efficient operation of a cap-and-trade regime,” he said.

Panels at the conference also addressed information exchange between national tax authorities, value-added taxes, the OECD’s Model Tax Convention, secondment of employees and the “arm’s-length” principle, which was set forth by the OECD in 1995 to guide transfer-pricing matters but which is under increasing scrutiny.

All told, some 300 people attended the two-day conference.  Many presentations and other conference materials are available at www.uscibtax.org.  The dates of next year’s conference have been set for June 6-7, 2011.

Staff contact: Lynda Walker

Text of Commissioner Shulman’s remarks (IRS website)

More on USCIB’s Taxation Committee

OECD Center for Tax Policy and Administration website

BIAC website