OECD Tax Conference Assesses Tax Reform Impacts

Chairman of the Council of Economic Advisers Kevin Hassett interviewed by Cathy Koch, Americas Tax Policy Leader, EY

Months after the signing into law of the most fundamental tax reform in the U.S. in over 30 years, the annual OECD International Tax Conference, organized by USCIB in cooperation with the OECD and Business at OECD, convened earlier this week in Washington, D.C. to assess the impact of the new law on U.S. multinational companies, reforms in other countries, as well as on cross-border trade and investment.

Some speakers, such as Louise Weingrod (Johnson & Johnson) spoke of the generally positive environment that has resulted from the new tax law, such as a more level-playing field for MNCs and increases in capital investment by U.S. companies. Chairman of the Council of Economic Advisers Kevin Hassett, who gave keynote remarks during the conference, stated that tax reform has been spurring growth and that U.S. reform will spur additional reform in other countries. He also said that reducing the corporate tax rate to 21 percent would have been enough but that the Trump administration tackled some of the other issues too, which has had the desired effect on margins.

“U.S. tax reform is but one piece of an increasingly complex puzzle of changing global tax rules that companies must navigate,” said USCIB President and CEO Peter M. Robinson. “As technology, business models and supply chains have evolved, it is more critical than ever to bring certainty to international tax rules, in order to promote global growth and avoid double taxation. The conference provided an unparalleled opportunity to learn about, and influence, the latest developments in the global taxation system.”

While U.S. tax reform was a contentious issue at the conference, other policy matters were also raised, specifically those related to transfer pricing, dealing with tax-related disputes through arbitration, implementation of the OECD’s multilateral instrument, development with regards to the United Nations Sustainable Development Goals, as well as tax challenges arising from digitalization.

Bill Sample (Microsoft), who is the vice chair of the Business at OECD Taxation and Fiscal Policy Committee and chairs the USCIB Tax Committee, reflected on the key issues for the business community that need to be addressed to get to a G20-mandated, consensus-based solution by 2020 with regards to digitalization. “Business recognizes the political pressure to reach consensus. But for business to be fully engaged, whatever the consensus is, it will need to bear a rational relationship to value creation,” he emphasized.

The sold-out conference, which was held June 4-5 gathered over 300 tax experts, academics and business representatives to interact directly with key leadership from the OECD, its Center for Tax Policy and Administration (CTFA), and senior tax officials from the U.S. and other OECD countries, including Canada, France and Germany. The conference has grown into an annual must-attend event for tax practitioners, experts and regulators from around the world.

USCIB Gathers Stakeholders on Margins of UN Science, Technology, Innovation Forum for SDGs

US Ambassador to ECOSOC Kelley Currie gives remarks

As governments and stakeholders gather for the third annual United Nations Multi-stakeholder Forum on Science, Technology and Innovation (STI) for the SDGs in New York June 5-6, USCIB organized a timely breakfast roundtable on the margins of the forum titled, “Together for Impact: Business Innovation for the SDGs” earlier this morning. USCIB partnered with the U.S. Department of State and the International Chamber of Commerce (ICC) to create a productive dialogue between USCIB member companies and relevant UN missions and agencies.

The roundtable – held at Pfizer’s Headquarters in New York – brought together UN Missions, UN Agencies, and USCIB Member companies to discuss opportunities to partner and scale up the deployment of innovation to deliver progress on the SDGs.  Representatives of companies, governments and the UN system began a practical dialogue on operationalizing private sector innovations through conducive enabling regulatory frameworks and inclusive international cooperation.

Monsanto, Ferrero, Pfizer, Novozymes, LexisNexis and CropLife International presented examples of how companies are working with other stakeholders to advance innovative technologies and knowledge-sharing.  Japanese Ambassador and Co-Chair of the STI Forum Toshiya Hoshino gave a government and UN perspective, as did Judith Arrieta, on behalf of Ambassador Juan Sandoval Mendiolea of Mexico, co-chair of STI Forum.  Also attending the meeting were the co-chairs and several members of the UN “10 Member Advisory Group” to the STI Forum, including Vaughan Turekian of the National Academy of Science.

U.S. Ambassador to the UN Economic and Social Council (ECOSOC) Kelley Currie opened the meeting, highlighting the importance of bringing together the private sector, which is increasingly embracing and operationalizing SDG-related innovations – in terms of products, services, ways of producing, and the very means of cooperation itself – and the UN system.  In her keynote speech, she stated that, “there are such good intentions on all sides, and a great deal of achievement and potential to offer.  Three years after 2015, Addis and New York and Paris, those who understand the imperative of stepped up deployment of solutions do need to find ways to advance those opportunities, to bridge what appear to be missed opportunities and take them forward for shared impact and benefit.  Business too has to do more to encourage such a “skin in the game” working relationships, including through public-private partnerships.”

USCIB President and CEO Peter Robinson remarked, “dissemination and deployment of technologies and know-how for the widest possible societal benefits are imperatives that can only be advanced by working together with the US business community.  That is why USCIB called this meeting, for systems thinking and more importantly systems doing,  and to cultivate systemic collaboration and knowledge-sharing.”

USCIB will continue to work with its membership and with governments to ensure that business views and contributions to innovation in its products, initiatives and implementation are heard, welcomed, and taken into account within the international community working cooperatives on sustainable development.

US Scuttles Trade Language at OECD Ministerial, Imposes Steel Tariffs

Participants at the OECD ministerial in Paris

Last week, ministers gathered in Paris for the annual OECD Ministerial Council Meeting. For the second year in a row, the United States refused to join a consensus statement with the other OECD countries.

As happened last year, the U.S. objected to language supportive of globalization and the multilateral trading system. The action came as the Trump administration announced that it would end temporary exemptions from Section 232 tariffs on steel and aluminum granted to Mexico, Canada, and the European Union. The duties went into effect on June 1.

According to USCIB Senior Vice President Rob Mulligan, who attended the OECD ministerial as part of a delegation from Business at OECD, the administration has made clear that it attributes little significance to U.S. leadership in the global trade environment.

“In a misguided effort to re-balance perceived inequities, often based solely on the metric bilateral trade deficits without a view to the larger picture, the administration is effectively alienating the United States from the global order that it once championed and led,” he said following the meetings in Paris.

At the OECD ministerial, U.S. Commerce Secretary Wilbur Ross defended the U.S. action, saying problems arise “when people don’t follow the rules, when the enforcement mechanisms are inadequate and even more so when the rules become obsolete.”

Mulligan elaborated: “Protectionism, while tempting in the short term, has consistently proven to be damaging for the larger economy in the long term. Unilateral, protectionist actions such as these tariffs, enacted under the guise of national security, do not constitute an effective long-term strategy for economic growth. They will also erode the value of the national security exception. For the United States to continue its leadership in innovation, the trade and investment environment must remain open. These recent actions unfortunately do not reflect such a view.”

The business community remains very concerned about the trajectory of the administration’s policies on trade and investment, said Mulligan. While many U.S. actions appear targeted at China and its commercial practices, he said, “it is not clear how stepping away from the global table and alienating our allies is an effective strategy to address the many problems U.S. business encounters in China.”

Colombia Officially Joins OECD, Becomes 37th Member

OECD countries have officially agreed, on May 25, to invite Colombia to become a member of the organization. An Accession Agreement was signed by Colombian President Juan Manuel Santos and OECD Secretary General Angel Gurria on May 30 during the OECD Ministerial meetings in Paris. Colombia is the 37th country and the third member country from the LAC (Latin America and the Caribbean) region to join the OECD.

“Through the OECD accession process Colombia has made impressive strides in, for example, reforming its justice system and reducing informality in the labor market,” said Gurria. “The accession process has been instrumental in the design and implementation of new national policies, such as on water and chemicals management. Colombia took important steps to improve its governance of state-owned enterprises, including removal of ministers from the boards. To comply with the OECD Anti-Bribery Convention Colombia significantly modified its corporate liability regime. The list of reforms goes on.” Gurria’s full remarks at the signing ceremony can be found here.

Colombia was invited to begin the accession process in 2013. Over the past five years, 23 OECD Committees conducted an in-depth review of Colombia’s legislation, politics and practices, to align them with OECD standards. The final two Committees where reforms were required were the Labor Committee and the Trade Committee. The Labor Committee concluded their process during their recent meeting in March. The Trade Committee concluded their April meeting with a draft formal opinion, which was finalized several weeks later, just ahead of the Ministerial. Rob Mulligan, USCIB senior vice President for policy and government affairs, was in Paris last week for the Ministerial.

“USCIB has been actively involved in providing input into Colombia’s accession process via Business at OECD (BIAC), the official business voice at the OECD,” said Mulligan. “The main affected sectors throughout that process were pharmaceuticals, distilled spirits, and trucking. Many issues were resolved before accession, and we look forward to continued progress and concrete actions being taken on outstanding issues.” View USCIB’s official statement here.

“Moving forward, USCIB will play an active role in providing U.S. business input to the OECD on any upcoming accession processes,” added Mulligan. The countries that have expressed interest are Argentina, Brazil, Peru, Romania, Croatia, and Bulgaria. At this time, no new process has commenced.

Colombia Gets Approval to Join the OECD

Colombia will join the Organization for Economic Cooperation and Development following an agreement among the 35-nation forum’s member states ahead of this week’s OECD ministerial.

Colombian President Juan Manuel Santos and OECD Secretary General Angel Gurría are expected to sign an accession agreement at the annual ministerial-level council meeting, which is scheduled for May 30, according to the OECD.

USCIB – which serves as the U.S. affiliate of Business at OECD, the representative private-sector voice in the OECD – issued the following statement:

“USCIB welcomes the progress Colombia has made over the past several years in the context of the accession process to the OECD. As the official voice representing U.S. business in this process, we acknowledge the steps taken by Colombia to meet the high standards of the OECD in various sectors. We look forward to continued progress and concrete actions being taken on outstanding issues, including on pharmaceuticals and trucking, where the current status does not yet rise to the level of like-mindedness with other OECD countries on open trade and investment. As the OECD considers inviting additional countries to join, USCIB will continue to advocate on behalf of U.S. business to ensure that all OECD countries continue to meet high standards.”

Colombia Statements Picked Up by Inside US Trade and Politico

USCIB has been actively involved in providing input into Colombia’s accession process to the Organization for Economic Cooperation and Development (OECD). Most recently, USCIB’s views on Colombia’s progress to meet certain standards have been published in Politico and Inside U.S. Trade.

In Politico, USCIB stated that it welcomed the progress Colombia has made over the past several years in the context of the accession process to the OECD. “As the official voice representing US business in this process, we acknowledge the steps taken by Colombia to meet the high standards of the OECD in various sectors,” the statement reads. “We look forward to continued progress and concrete actions being taken on outstanding issues, including on pharmaceuticals and trucking, where the current status does not yet rise to the level of like-mindedness with other OECD countries on open trade and investment. As the OECD considers inviting additional countries to join, USCIB will continue to advocate on behalf of US business to ensure that all OECD countries continue to meet high standards.”

Read the full news story in Politico here.

Additionally, Inside U.S. Trade also highlighted this statement, along with those of NAM and PhRMA.

USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl, who coordinates U.S. business input on OECD accession issues, noted, “USCIB has worked over the past several years to represent and address any issues U.S. industry faces in Colombia in the context of the OECD accession process. Colombia is an important market for U.S. business, and it is important to ensure that the high standards of the OECD are met. We look forward to continued progress, as Colombia officially joins the OECD this week.”

USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan is currently in Paris attending the annual OECD Forum, where the Colombia accession process will be finalized. Colombia is expected to sign an Accession Agreement on May 30 during the upcoming meeting of the OECD Council at the ministerial level. Colombia will become the 37th member of the OECD upon signing.

USCIB Provides Input to OECD’s Work on Digital Economy

USCIB’s Vice President for ICT Policy Barbara Wanner, along with several USCIB members, participated in the May 14-18 meetings of the OECD’s Committee on Digital Economy Policy (CDEP) and its Working Parties, which focused on advancing the OECD’s Going Digital project on the digital transformation of the economy, rolling out plans for a Global Forum on Digital Security for Prosperity, and featuring a special Roundtable discussion on privacy interoperability. The Going Digital Project was officially launched in Berlin in 2017 and aims to examine how the digital transformation affects policy-making across a large spectrum of policy areas, including competition, consumer policy, digital economy policy (privacy, security, infrastructure, economic impact), science, technology and innovation, industry and entrepreneurship, insurance and private pensions, financial markets, fiscal affairs and taxation and much more. The project will draw on national experiences and policy experimentation occurring across the OECD’s 35 member countries, its accession countries, key partners and many other economies involved in the OECD’s work.

At the meetings earlier this month in Paris, USCIB members, participating under the auspices of Business at OECD (BIAC), made numerous interventions throughout the five days of meetings, focused on elements of the Going Digital Project, such as projects on Artificial Intelligence, Online Platforms, and E-Commerce. In particular, BIAC Vice Chair Rich Clarke (AT&T) played an important behind-the-scenes role building consensus on two important telecommunications initiatives, and Carolyn Nguyen (Microsoft) offered her company’s perspective in the privacy interoperability roundtable.

Wanner was on the microphone for BIAC expressing business interest and support for the Global Forum on Digital Security for Prosperity. “As the OECD’s Going Digital Project advances, the business community greatly appreciates the opportunities to provide input,” said Wanner. “We look forward to continuing to work with the OECD, through BIAC, to provide value and ensure the success of the project as well as the upcoming Global Forum on Digital Security for Prosperity.”

Governments Reject Discriminatory Barriers to Business at UN Climate Talks

Following intense and sometimes contentious negotiations, governments meeting in Bonn under the UN climate treaty last month rejected any reference to “conflict of interest” or conditionality for observer organizations. Commenting on the successful conclusion of UN discussions to allow transparent and inclusive involvement of business, Justin Perrettson (Novozymes), who co-chairs the USCIB Environment Committee encouraged  “all Parties to take full advantage of the depth and breadth of business engagement and experience with climate change issues and to partner with business to help inform and implement ambitious national pledges.”

Countries including the Africa Group, China, Ecuador, Venezuela and Cuba began the Bonn deliberations arguing for new measures to protect against “undue business influence,” and proposing language to:

  1. define “conflict of interest” in a way that would inherently discriminate against business
  2. require a statement of support of the UNFCCC in order for any non-governmental entity to be allowed to observe the climate negotiations.

Climate Justice, Youth, Indigenous Peoples and Women and Gender NGOs all advocated restricting, or even banning, certain sectors of business from the UNFCCC discussions, asserting a distorted interpretation of “conflict of interest,” and citing the precedent of the World Health Organization Framework of Engagement for Non State Actors (FENSA).

Along with Perrettson, USCIB representatives Nick Campbell (Arkema) and USCIB Vice President for Strategic International Engagement, Environment and Energy Norine Kennedy met with U.S. and other government delegations to make the case for inclusive and transparent engagement opportunities for all stakeholders, including business. In addition to the U.S.,  Australia, New Zealand and Norway spoke out definitively against the addition of any such business discriminatory practices.

The Bonn Climate Change Conference took place from April 30 to May 10 in Bonn, Germany. Approximately 4000 participants from governments, UN bodies and agencies, intergovernmental organizations, business and civil society organizations, and the media were on hand to make final preparations for the 24th Conference of Parties (COP24) in Katowice, Poland, which will take place later this year (December 3-18, 2018).

The main objective of the Bonn negotiations was to advance the Paris Agreement Work Programme (also known as “the Paris Rulebook”) and develop “negotiating text” for the decisions required to make the Paris Agreement operational by COP24. When complete, the Paris Rulebook would set out procedures for carbon markets and guide the tracking of comparability of effort across different national pledges.

Limited progress in Bonn necessitated the announcement of a supplementary negotiation session to be held in Bangkok, Thailand (August 31 to September 8).  It will be critical to have a negotiating text at the end of the Bangkok session if the Paris Rulebook is to be agreed at COP24.

USCIB members seeking more information on climate change and conflict of interest discrimination should contact Norine Kennedy and attend USCIB’s June 7 Environment Committee in NYC

Qatar to Join Global “Merchandise Passport” System

The World ATA Carnet Council meeting in Xian, China

Earlier this month, Qatar officially joined the ATA Carnet system, which enables the temporary duty-free, tax-free importation of various types of goods in over 80 countries and customs territories around the world. The Carnet system is overseen by the International Chamber of Commerce and the World Customs Organization. USCIB serves as the U.S. national guaranteeing association for the system.

The official announcement was made by Sheikha Tamadar Al Thani, director of international relations and chamber affairs at Qatar Chamber and ICC-Qatar, during her participation in a World ATA Carnet Council (WATAC) meeting organized by ICC’s World Chambers Federation on May 9 in Xi’an, China. The ATA Carnet system is expected to be implemented in Qatar as of August 1, 2018, but the country will only accept Carnets issued for Exhibitions and Fairs. (Many countries and territories also accept them for Product Samples and for Professional Equipment.)

During her address to the WATAC meeting, which was attended by USCIB President and CEO Peter M. Robinson, Al Thani noted that Qatar’s formal accession to the Carnet system came as a result of lengthy negotiations conducted during the previous sessions with WATAC leadership and council members. She said the ATA Carnet plays an important role towards advancing the cause of free trade as a mechanism of trade facilitation.

Al Thani further noted that world trade is facing momentous challenges nowadays, with protectionist policies on the rise again and the State of Qatar’s accession to the Council is a testimony to its adherence to free trade, and to its belief in the importance of the free movement of goods and services around the world.

The ATA Carnet is the global gold standard for temporary admissions under the auspices of the World Customs Organization. ATA Carnets are international tools of trade facilitation, which serve as a temporary export-import documentation. The ATA System is in place in over 85 countries and territories, and provides duty-free and tax-free imports on goods that will be re-exported within 12 months.

Please visit the Qatar ATA Carnet page for more info.

UN Global Pact for Environment Negotiations to Begin

After months of informal discussion, UN Member States have voted to launch a negotiation toward the development of a “Global Pact for Environment.” An initiative of French President Emanuel Macron, the Pact is to be a binding, universal “umbrella text” providing a common global legal basis for:

  • environmental policy principles, such as the polluter-pays and precautionary principles;
  • environmental rights-based approaches;
  • other international environmental regulations and treaties.

The United States voted against the resolution to launch the negotiations, while 143 countries voted in favor.  A copy of the resolution is available here.

U.S. Ambassador to the UN in New York Nikki Haley commented on the new General Assembly resolution stating, “When international bodies attempt to force America into vague environmental commitments, it’s a sure sign that American citizens and businesses will get stuck paying a large bill without getting large benefits. The proposed global compact is not in our interests, and we oppose it.”

As a basis for the deliberations, the UN will develop a report “that identifies and assesses possible gaps in international environmental law and environment-related instruments with a view to strengthening their implementation,” to be delivered to the UN General Assembly in New York. It is widely expected this report will be prepared by UN Environment.

“An ad hoc open-ended working group, under the auspices of the General Assembly, (will) consider the report and discuss possible options to address possible gaps in international environmental law and environment-related instruments, as appropriate, and, if deemed necessary, the scope, parameters and feasibility of an international instrument, with a view to making recommendations to the General Assembly, during the first semester of 2019, which may include the convening of an intergovernmental conference, to adopt an international instrument.”

Non-governmental organizations, including those representing business, will be allowed to observe the negotiations.  A first “organizational” meeting will take place in New York in late July; following that, deliberations will begin in Nairobi, Kenya at UN Environment headquarters based on a review of the report.

“USCIB will closely follow the negotiations, and work with the Administration, other governments and the International Chamber of Commerce to understand the specifics of what is to be proposed,” said Norine Kennedy, who leads USCIB’s work on strategic international engagement, environment, and energy. “USCIB will continue to gather intelligence, as questions remain on the legal form of the ‘Pact,’ and how it would relate to other existing agreements, such as UN Climate and chemicals conventions,  and the Sustainable Development Goals.”

USCIB members seeking more information on the GPE should contact Norine Kennedy, and attend USCIB’s June 7 Environment Committee in NYC.