Growth, Jobs and Open Markets Archives

USCIB Urges US Government to Ensure Data Transfer in Light of Ruling by European Court of Justice

Published on July 21, 2020

USCIB co-signed a multi-association letter to U.S. Commerce Secretary Wilbur Ross in response to a July 16 ruling by the European Court of Justice (CJEU) that invalidated the 2016 EU-US Privacy Shield framework governing the protection of transatlantic data flows.

The Privacy Shield plays a critical role for data transfers for over 5,300 U.S. companies, 70 percent of which are Small and Medium Enterprises (SMEs). These companies contribute significantly to the nearly $1.1 trillion in U.S. total trade in goods and services with the EU. Companies in the automotive, retail, hospitality, logistics, health care, manufacturing and human resource management fields are all certified to the Privacy Shield Program.

The multi-association letter urges the U.S. government to work collaboratively with EU counterparts “to develop a stable and sustainable mechanism for companies to transfer data between the EU and United States” and to ensure that EU regulators allow data transfers to continue while a new agreement is under discussion.

The letter further notes the urgent implications of the COVID-19 pandemic, which has required many American businesses to use remote services and rely upon the ability to move data across many borders.

The CJEU did, however, uphold the validity of the Standard Contractual Clauses (SCC) privacy protective mechanism for transferring data.

USCIB Applauds USTR’s Announcement to Include Ed Potter in USMCA Labor Mechanism

Published on July 21, 2020
Ed Potter addressing the ILO Conference in Geneva in 2015.

New York, NY, July 20, 2020: The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, applauded the U.S. Trade Representative’s recent announcement of a select panel for the Rapid Response Labor Mechanism, a key tool for the enforcement of the United States-Mexico-Canada Agreement (USMCA) trade agreement.

“We welcome the inclusion of Ed Potter as one of the select panel members. Potter has worked extensively with USCIB for decades, most recently as former senior counsel for International Labor Affairs and prior to that as a chair of USCIB’s International Labor Affairs Committee (now the Corporate Responsibility and Labor Affairs Committee). Potter is an International Advisory Council Member at the Institute for Human Rights and Business.  For over two decades, he participated on the ILO Committee on the Application of Conventions and Recommendations that holds countries accountable for their obligations resulting from the ratification of ILO conventions.”

Potter is joined by Janice Bellace (Wharton School at the University of Pennsylvania), Lance Compa (Cornell University’s School of Industrial and Labor Relations), Peter Hurtgen (Curley, Hurtgen & Johnsrud LLP), Ira Jaffe (Arbitrator and mediator for labor, employment and benefits disputes) and Kevin Kolben (Rutgers Business School).

The Rapid Response Labor Mechanism, a bilateral annex of the USMCA between the U.S. and Mexico, allows the U.S. to take expedited enforcement actions against individual factories in Mexico that fail to comply with domestic freedom of association and collective bargaining laws.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide 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.

USTR Must Urge Canada and Mexico to Honor USMCA Commitments

Published on July 14, 2020

USCIB joined the Alliance for Trade Enforcement (AFTE) to send a letter to U.S. Trade Representative Robert E. Lighthizer to ensure that Canada and Mexico abide by the commitment they have made in the United States-Mexico-Canada Agreement (USMCA) and treat U.S. interests fairly.

The letter stated: “We applaud the sentiments that you expressed in your recent congressional testimony about your willingness to seek dispute settlement on issues of importance to U.S. manufacturing, agriculture and service sectors where those countries fall short, including patent, trademark and market access issues impacting innovative industries from both new and longstanding policies and regulations in Mexico and Canada.”

The group noted support for Lighthizer’s attention to the full enforcement of IP commitments made in the USMCA which protects U.S. IP-intensive industries, such as patent linkages and provisions to protect against abuses of the regulatory review exception, as well as broader market access barrier to innovative products, namely the lack of approvals for imported agricultural biotech products. AFTE argued that Mexico’s failure to approve such products threatens both trade with Mexico and U.S. farmers’ access to important technologies; meanwhile, Canada’s Patented Medicine Prices Review Board continues to develop and implement unfair pricing and reimbursement regulatory schemes that don’t account for the cost of research and development of innovative treatments, which ultimately reduces incentives for American scientists and manufactures to research and develop new treatments.

AFTE however applauded the important leap forward made by the USMCA’s digital trade provisions, which include key commitments and significant improvements over prior agreements.

AFTE is a coalition of trade associations and business groups dedicated to ending foreign unfair trade practices that harm American businesses and workers and to ensuring that America’s trading partners are held accountable for the commitments that they have made to treat American goods and services fairly. AFTE members represent companies – both large and small – from across the economy, including the manufacturing, agriculture, and service sectors. AFTE supports actions and policies that encourage U.S. trading partners to open their markets, reduce barriers to trade, and provide effective protection and enforcement of intellectual property (IP) rights.

USCIB Advocates Multilateralism, Partnerships, Vaccine Acceptance During HLPF

Published on July 14, 2020

Given the COVID-19 pandemic, this year’s United Nations High-Level Political Forum (HLPF) was drastically different, necessitating a virtual platform as hundreds of governments, NGOs, and civil society tuned in remotely to side-events rather than congregating at the UN headquarters in New York. Despite the challenges of a remote HLPF, USCIB retained its active leadership role, co-organizing side-events on inclusive multilateralism, the private sector’s role in educating the public about vaccines, and partnerships to fight COVID-19 and to advance the UN 2030 Development Agenda.

Inclusive Multilateralism

USCIB kicked off the week with a side-event on “Inclusive Multilateralism in Action: Working Together to Build Stronger, Resilient and Sustainable Economies” on July 7. USCIB, which serves as co-chair of the UN’s Business and Industry Major Group, partnered with the International Organization of Employers (IOE), the UN Global Compact, the International Chamber of Commerce (ICC) and the American Chemistry Council on the event. Dialogue among experts during the panels highlighted synergies at the national and global levels of COVID-19 response and recovery with the Sustainable Development Goals (SDGs) and made the case of mainstreaming private sector partnership and expertise into the UN Decade of Action and Delivery.

The USCIB Foundation’s Business Partners for Sustainable Development (BPSD) Initiative Executive Director Dr. Scott Ratzan spoke on one of the panels alongside, First Vice Chair of the International Chamber of Commerce (ICC) Maria Fernanda Garza, Secretary General, International Organization of Employers (IOE) Roberto Suarez Santos and UN Global Compact Executive Director Sanda Ojiambo. USCIB Vice President for International Strategic Engagement, Energy and Environment Norine Kennedy moderated a panel which explored best practices from business in developing partnerships to address food security, health and waste management challenges, all of which have become more difficult for the global community to tackle in light of COVID-19.

“The presentations highlighted the role of business as ‘first responders’ in several key areas of the pandemic response,” said Kennedy. In concluding the panel, Kennedy summed up what is needed as businesses merge their SDG plans with crisis response and recovery: “Inclusive multilateralism involving and mainstreaming private sector dialogue and implementation is not a nice-to-have; it is a must-have for a successful UN Decade of Delivery, Action and Recovery.”

Partnerships

BPSD was also featured at a July 7 side-event organized by the UN 2030 Agenda Partnership Accelerator. Titled “Partnerships against COVID-19 – building back better together to advance the 2030 Agenda,” the event explored how partnerships can assist developing countries in addressing challenges of the coronavirus and its aftermath while promoting synergies between key sectors, such as the scientific and technological community and the private sector. Ratzan, representing BPSD, joined a select group of experts including Sustainable Development Officer, Division for Sustainable Development Goals, UN DESA Ola Goransson, Resident Coordinator, Mauritius and Seychelles Christine N. Umutoni and Professor and Department Chair of Development Sociology, Cornell University, member of the Independent Group of Scientists for the Global Sustainable Development Report Parfait Eloundou-Enyegue.

Scientific Advances and Vaccination Acceptance

BPSD Executive Director Scott Ratzan

BPSD, together with the UN Technology Facilitation Mechanism, UN Department of Economic and Social Affairs (DESA), and City University of New York (CUNY) Graduate School of Public Health and Health Policy organized “COVID-19 vaccines: scientific advances, access models and vaccination acceptance,” on July 10 to explore the status of scientific research advances, implications for policy, and generating public trust in science and building vaccine literacy, and addressing misleading vaccine information.

“Despite the major technological advances that have enlisted industry to fast track a COVID-19 vaccine, all these efforts will be for nought if not enough people accept a vaccine to reach the necessary community protection, also termed herd immunity,” warned Ratzan. “Vaccine hesitancy threatens uptake for a COVID-19 vaccine before it has even been developed. Anti-vaccination advocates are spreading disinformation and inciting fears including vaccine side effects, safety and/or efficacy. Compounding these ongoing issues is a reality in which globally, many do not believe COVID-19 is a real threat. While we are not sure how entrenched these groups are in their disbelief of the risks of coronavirus infection or believe the pandemic is a conspiracy,  there is much work to do to build vaccine literacy and combat a pervasive anti-science, anti-truth rhetoric.”

Ratzan also presented “The CONVINCE Initiative” (COVID-19 New Vaccine Information, Communication, and Education), which will bring together key players in a multisectoral collaboration to formulate a whole-of-society approach to create frameworks, best practices and platforms to ensure vaccine uptake.

USCIB, Business Groups Urge Administration to Prioritize US-China Deal

Published on July 7, 2020

USCIB, along with dozens of U.S. business and industry groups, sent a letter to USTR Robert Lighthizer, U.S. Secretary of Treasury Steven Mnuchin and Vice Premier of China’s State Council Liu He strongly supporting the U.S.-China Phase One Trade Agreement noting its “significant achievement in ongoing efforts to advance a more balanced and mutually beneficial U.S.-China economic and commercial relationship.”

The letter also stated that successful implementation of Phase One will be critical to subsequent negotiation of a Phase Two Agreement.

The organizations noted that continuing fulfillment of the terms of the Agreement particularly with regards to Intellectual Property, removal of market access barriers and tariffs are critical. With regards to market access barriers, the letter focused on U.S. fruits, grains, and nearly all U.S. beef products, the expansion of its list of U.S. facilities eligible to export beef, pork, poultry, seafood, dairy and infant formula to China, as well as the adoption of new domestic standards for dairy powder that will allow imports from the United States.

“Meeting the global public health challenges from COVID-19 and restoring growth to the global economy will depend in part on both countries working together to fully implement the mutually beneficial outcomes of the Phase One Agreement,” the letter stated. “Thorough and timely implementation of Phase One commitments is also the most direct and achievable path to removal of tariffs—and to avoid application of new ones—on both sides, which the U.S. business community strongly supports.”

USCIB Statement to US Government on Remote Worker Relief

Published on July 2, 2020

USCIB has joined with over a dozen other associations to issue a statement on July 2 to urge the federal government to allow an employee’s wages to be treated as being earned at their normal work location and to have Congress protect health care and other workers travelling across state lines to help with the COVID-19 response. The full statement:

“The dual challenges of the COVID-19 pandemic and an economic crisis have created significant disruption and uncertainty for American workers. To lighten the burden on individuals and families, the undersigned associations strongly urge that you support legislation addressing state and local tax confusion arising for employees required to work remotely because of COVID-19.

“Providing this certainty at an otherwise uncertain time is essential. Without Congressional action, employees may receive unexpected and unwelcomed tax surprises when they file their 2020 state and local income tax returns next year – and face penalties and interest charges (and even potential double taxation) through no fault of their own. A federal solution is needed because the states are taking different and conflicting positions on how the income of workers displaced by the pandemic should be taxed. Solving this problem will ensure employees who are working remotely during the pandemic are not penalized for doing so.

“Currently, wages earned by an employee generally are subject to tax by the state where they work. However, due to COVID-19, many workers are unable to report to their normal work location and are working in a different state than usual due to local law restrictions, closed schools, family health or other reasons, complicating their state tax reporting obligations.

“The solution to this problem is simple: enact federal legislation that reduces uncertainty by allowing an employee’s wages to be treated as being earned at their normal work location. Congress should also protect health care and other workers traveling across state lines to help with the COVID-19 response from surprise or higher tax bills. The Remote and Mobile Worker Relief Act of 2020, S. 3995, recently introduced by Senators John Thune (R-SD) and Sherrod Brown (D-OH), would accomplish these goals. These solutions will maintain the status quo by putting wage earners and their employers in the same tax position they would have been in, but for the pandemic, while providing important certainty to workers who temporarily relocate to provide critical assistance during this pandemic.

“We urge the inclusion of these changes in the next COVID-19 legislation.”

USCIB Statement on USMCA Entry Into Force

Published on July 1, 2020

Washington, D.C., July 1, 2020 – The U.S. Council for International Business (USCIB), which represents many of America’s leading global companies, welcomes today’s entry into force of the United States-Mexico-Canada Agreement (USMCA) trade agreement, preserving and deepening the economic ties in North America and bolstering the global competitiveness of our companies and workers. The implementation of this agreement comes at a critical time of restoring certainty to U.S. industry in the North American market, as the global market is working toward recovery from the impacts of the current crisis.

The three partner countries must continue to work together to ensure effective implementation of this agreement, so that the benefits of the agreement in its updated and modernized provisions including on digital trade and customs can be realized. Over 12 million American jobs depend on trade with Canada and Mexico, and continuing to build on this economic relationship is important for U.S. industry for future economic growth. USCIB looks forward to a seamless transition to the new agreement.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide 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.

USCIB Statement on Workplace Equality for All

Published on June 30, 2020

June 30, 2020, New York, New York — As Pride Month 2020 draws to a close, USCIB joins in applauding the landmark decision issued by the U.S. Supreme Court this month affirming that discrimination in the workplace against employees based on their gender identify or sexual orientation is not permissible under U.S. federal law. Discrimination – regardless of the form – has no place in our society or our workplaces. Through our role as the U.S. Employer representative at the International Labor Organization, USCIB has been a recognized champion of fundamental principles and rights at work, including non-discrimination in the workplace regardless of race, color, religion, sex, sexual orientation or national origin. This month’s decision reaffirms the rights and dignity of LGBT people and brings our nation one step closer towards the promise of equality for all.

About USCIB:

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (BIAC), USCIB helps to provide 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:
Kira Yevtukhova, USCIB
+1 202.617.3160, kyevtukhova@uscib.org

 

Virtual ICANN Focuses on COVID-Related Domain Name System Abuse

Published on June 29, 2020

The Internet Corporation for Assigned Names and Numbers (ICANN) held its second meeting of the year June 22-25. Due to COVID-19-related safety concerns the meeting, originally planned to take place in Malaysia, was again held virtually. USCIB Vice President for ICT Policy Barbara Wanner joined the meeting remotely, along with several USCIB members as part of ICANN’s Business Constituency (BC).

As ICANN President and CEO Goran Marby noted, the ability of the ICANN community to adapt to this challenging time represents a “testament to our shared goal of [working to ensure] the continued security, stability and resilience of the DNS [Domain Name System].” Marby also noted that protecting against DNS abuse never has been more critical since “bad actors” have exploited the pandemic.

According to Wanner, the spike in COVID-related DNS abuse was a hot topic at ICANN 68. USCIB reiterated acute concerns expressed at ICANN 66 and ICANN 67 about inaction by ICANN Org and the contracted parties in mitigating domain name system (DNS) abuse that continues to escalate by the day. The BC asserted there should be an agreed approach to implementing tools to combat such abuse that is institutionalized as a process and memorialized in contracts between ICANN and the registries and the registry/registrar agreements.

“ICANN Org continued to insist while it expects registry operators to enforce their agreements with registrars prohibiting DNS abuse, there continues to be a lack of clarity about what constitutes DNS abuse which complicates contractual enforcement,” said Wanner. “The contracted parties, in turn, underscored their commitment to combatting abuse and highlighted voluntary efforts to develop a Guide to Abuse Reporting Best Practices. By the meeting’s conclusion, there was no clear path forward, although several approaches were proposed.”

USCIB Statement on OECD’s Inclusive Framework

Published on June 23, 2020

USCIB has issued the following statement on June 23 with regards to the OECD Inclusive Framework process:

USCIB remains committed to proactive participation in the current OECD Inclusive Framework process to achieve consensus on acceptable modifications to the international tax system to properly address the tax challenges of the digitalization of the economy.

USCIB and its member companies will continue to work diligently towards a sustainable agreement and will encourage the U.S. government to remain committed to this process.