Hampl Testifies Regarding Proposed China Tariffs

 Following the Trump administration’s proposed Section 301 tariffs on Chinese goods, USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl testified before the Section 301 Committee, chaired by USTR on May 16 regarding the proposal. Hampl’s testimony reflected USCIB member concerns about potential consequences the proposed tariffs will have on sectors vital to the U.S. economy. Her testimony was drawn from comments USCIB sent earlier this month to the U.S. Trade Representative Robert Lighthizer. Hampl was joined by over 100 other business representatives to share specific concerns regarding the proposed tariffs.

“We believe that the imposition of tariffs will not achieve the important goal of changing China’s behavior in the space of emerging technologies and intellectual property rights,” said Hampl in her testimony. “China’s threat of retaliation further exacerbates uncertainties caused by this proposed action. Rather than create more opportunities for U.S. business, sweeping tariffs will stifle U.S. agriculture, goods, and services exports and raise costs for businesses and consumers.

Hampl emphasized the need for a “holistic structure” to address the aforementioned issues. Speaking on behalf of USCIB, Hampl applauded the Trump administration for looking at alternative approaches, such as initiating a WTO dispute by requesting consultations with China.

“It is important for the administration to address these issues with a broad view, working collectively with U.S. industry, Congress, and our trading partners, to adequately address China’s unfair trade practices and get China to be WTO compliant,” noted Hampl.

The proposed tariffs pose a unique challenge to industrial inputs, which represent over 80 percent of the proposed list. Tariffs on industrial goods are especially problematic because they represent not just a tax on U.S. consumers but a tax on U.S. manufacturers and workers, and on the products they export. Tariffs on aerospace, machinery and IT parts and other advanced technologies can undermine the most competitive sectors of American manufacturing, driving up production costs in the U.S., impacting U.S. manufacturing employment, and making U.S. manufacturers less competitive against global rivals.

“Tariffs on industrial parts imported into the U.S. could have the unintended consequence of prompting manufacturers to move final production outside of the U.S.,” warned Hampl. “To see how U.S. companies will be affected by the tariffs, it is important to look to how the supply chain functions. China is the second largest economy and the largest manufacturing economy in the world. We cannot ignore that China may have some unique capabilities, at the product level, that U.S. businesses need to tap into in order to remain globally competitive. For many products or inputs, there is no feasible alternative to procuring from China. We urge the Administration to use this process to ensure that its actions do not inadvertently harm some of the most competitive sectors of the U.S. economy, and the hundreds of thousands of American jobs that depend on them.”

In addition to the testimony, USCIB also co-sponsored a reception last week for Hill staff centered around the China 301 hearing, as well as NAFTA, celebrating Great American Jobs Supported by Trade. Representatives from U.S. government, companies, and associations, spent the evening discussing various important developments in the trade space.

USCIB Warns of Potential Harms to the US Following China Tariffs

In light of the Trump administration’s proposed Section 301 tariffs on Chinese goods, USCIB sent comments last week to the U.S. Trade Representative Robert Lighthizer expressing concern about the potential unintended negative consequences the proposed tariffs will have on sectors vital to the U.S. economy and jobs. With $587.6 billion in total goods trade in 2016, China has become the United States’ largest goods trading partner. China was also the third-largest export goods market in 2016 for the U.S., while U.S. foreign direct investment in China was $13.8 billion in 2016, with the ICT sector alone encompassing $4.34 billion.

“China can be a challenging market for U.S. companies to navigate. The ongoing intellectual property rights violations, forced technology transfer requirements, and state interventions harm U.S. companies, workers, consumers, and competitiveness,” stated Eva Hampl, who leads USCIB work on China-related issues.

Made in China 2025 is considered by many an indication that China plans on further advancing in developing their high-tech industries, such as robotics, advanced information technology, aviation, and new energy vehicles, with the eventual goal of global dominance in those industries through uncompetitive means such as subsidies.

“While this unfair advantage to Chinese companies in the high-tech industry space is a legitimate threat to U.S. leadership in innovation, continued engagement in the Chinese market is also very important for U.S. companies in terms of their ability to be globally competitive,” emphasized Hampl. “USCIB members are very concerned that these proposed tariffs will stifle the U.S. economy, and not achieve the important goal of changing China’s behavior in the space of emerging technologies and intellectual property rights. China’s threat of retaliation further exacerbates uncertainties caused by this proposed action. Rather than create more opportunities for U.S. business, sweeping tariffs will stifle U.S. agriculture, goods, and services exports and raise costs for businesses and consumers.”

The comments urge the administration to use this public comment period to listen to USCIB members and other U.S. stakeholders who explain how they will be directly affected by the proposed tariffs.

“It is critical that the administration exclude from its tariffs particularly those products that cannot feasibly be replaced by non-Chinese sources, where the harm of potential tariffs would fall more on U.S. businesses, workers, and exporters than on Chinese entities,” said Hampl. “Hurting American exporters cannot be the outcome of a process designed to level the playing field in China.”

USCIB has also signed on to a broader coalition of trade associations to echo these and other business concerns. Additionally, USCIB is co-sponsoring a reception later this week for Hill staff centered around the China 301 hearing, as well as NAFTA, celebrating Great American Jobs Supported by Trade. Finally, USCIB will also testify this week as part of the China 301 hearing.

USCIB Members Honored with Best Corporate Citizens Ranking

Corporate Responsibility magazine has honored several USCIB members, including Microsoft, Lockheed Martin, AT&T, Qualcomm and Walt Disney, among many others, in their annual 100 Best Corporate Citizens rankings. Each year, the 100 Best Corporate Citizens ranking measures the success of the Brands Taking Stands movement by celebrating the most successful, most transparent companies that report on their responsible practices.

The 100 Best Corporate Citizens list documents 260 ESG data points of disclosure and performance measures—harvested from publicly available information in seven categories: environment, climate change, employee relations, human rights, governance, finance, and philanthropy & community support.

The list ranks the Russell 1000 Index and research is conducted by ISS Corporate Solutions.  There is no fee for companies to be assessed. Companies listed on the Russell 1000 are analyzed using publicly available records from their websites, annual reports, shareholder calls, media interviews, NGOs and government documents. The analysis includes 260 data points on environmental, climate change, human rights, employee relations, corporate governance, philanthropy, and financial performance.  As a result, companies are rated on what information they disclose as well as how much they disclose.

To compile this ranking, data is obtained from public records and not from private self-reports to the analysts. Many rankings ask companies to fill out surveys and questionnaires about internal operations and ours relies on what is publicly available. That’s because transparency and public commitments help make a company’s sustainability program stronger.

 

Download a copy of the complete list and information on the methodology here

View past 100 Best Corporate Citizens winners here

Russian Sanctions: How Do They Affect US Business?

A roundtable discussion was held at HodgsonRuss LLP in New York on April 26, connecting participants from Washington DC, New York and Europe to discuss the recent sanctions imposed by the U.S. Government on Russia, enforcement trends and how they affect the way the U.S. companies conduct business around the globe. This event was organized by the Committee on Eastern Europe and Committee on International Trade of the International Section of the New York State Bar Association. Distinguished panelists included Charles R. Johnston (Citi), chair of USCIB’s Trade and Investment Committee, Michael Hendrix, OFAC, U.S. Department of Treasury, Hon. Volodymyr Yelchenko, permanent representative of Ukraine to the United Nations and Robert J. Leo, chair of the Committee on International Trade. The discussion was moderated by Serhiy Hoshovsky, chair of the Committee on Eastern Europe. Participation from overseas was moderated by Oleh Beketov, chapter chair in Kiev.

The event was opened by Paul M. Frank, a former chair of the International Section and renown international law attorney who hosted the event at his law firm. Yelchenko provided a comprehensive political context for the Russian sanctions and reminded of the events that led to their initial imposition in 2014. Michael Hendrix, an enforcement officer with OFAC, summarized legal framework for the sanctions and enforcement priorities as well as discussed some recent enforcement actions. Johnston provided a great overview of the sanction regime from the perspective of the U.S. business community, explaining in detail how the sanctions are becoming a new reality and how the U.S. businesses adapt to doing business. He also shared practical experiences of what U.S. companies do to stay compliant. Leo shared a very useful handbook on sanctions and practical tips on what to do when issues arise and how to stay compliant.

“The event provided a unique opportunity for the participants, especially those from the overseas, to ask questions and hear from people who are on the forefront of the sanction policy and enforcement at the US government, business community and legal profession,” said Nancy Thevenin, USCIB’s general counsel. “All panelists and participants agreed that the event was a major success and provided a great platform for sharing views and discussing major issues affecting business and legal community not only in the U.S. but also internationally.”

Robinson Reinforces USCIB Ties with Chinese Business Groups

USCIB President and CEO Peter Robinson meets with China Enterprise Confederation Director General Zhu Hongren.

While U.S. economic ties with China have been strained of late, the ongoing working relationship between USCIB and our main Chinese counterpart organizations is growing closer. USCIB President and CEO Peter M. Robinson is in Beijing and Xian this week, meeting with top officials from the China Enterprise Confederation (CEC), the China Chamber of International Commerce (CCOIC) and China Council for the Promotion of International Trade (CCPIT) and other groups.

Both CEC and CCPIT/CCOIC are part of USCIB’s global network. CEC serves as the Chinese affiliate of the International Organization of Employers (IOE), and as such represents Chinese employers in the International Labor Organization. Robinson, who also serves as IOE vice chair for North America, met with CEC Vice Chair and Director General Zhu Hongren and other senior staff. He discussed USCIB’s work on the UN Sustainable Development Goals, the Business for 2030 website, the Future of Work, as well as climate change, trade and the UN Global Compact.

L-R: Anna Zhang (USCIB), USCIB President Peter Robinson, ICC-China Secretary General Yu Jianlong, Yu Min (ICC-China)

CCOIC houses ICC-China, the International Chamber of Commerce national committee in the country. In addition, its partner organization, CCPIT, like USCIB, serves as the national guaranteeing association for ATA Carnets, the “merchandise passports” developed by ICC. They played host to the meeting of WATAC, the World ATA Council, which encompasses all ATA Carnet guaranteeing associations. Robinson met with Yu Jianlong, secretary general of CCOIC and ICC-China, and other officials including Deputy Director Director General Yu Min. In addition to Carnet matters, they discussed emerging policy challenges including the “conflict of interest” discussions at the UN climate talks, where activist groups and some governments are seeking to limit the private sector’s access to the negotiations.

Robinson also met with officials of the Silk Road Chamber of International Commerce. USCIB Director of Carnet Claims Administration Anna Zhang is accompanying him on his mission to China.

USCIB Sponsors National Governors Association North American Summit

From left to right: CEO of Rassini Eugenio Madero; USCIB VP for Trade and Financial Services Shaun Donnelly; Woodrow Wilson Institute and former US Ambassador to Mexico Tony Wayne; National Restaurant Association Senior VP Steve Danon

USCIB was an organizational sponsor for the National Governor Association (NGA) North American Summit in Scottsdale, Arizona, which was held May 4-6. USCIB Vice President for Investment Policy and Financial Services Shaun Donnelly represented USCIB at the weekend event. The NGA welcomed Mexican Governors and Canadian provincial premiers to the North American Summit, which focused on strengthening North American economic integration and competitiveness in today’s and tomorrow’s global economy.

“The good news is that governors, across the three nations of North America, get it!” said Donnelly. “Open trade and investment gets broad bipartisan support across the political spectrum of governors and premiers. They welcome trade and investment and they welcome business comments and recommendations at these sessions. Obviously, NAFTA, and the on-going negotiations to update that key agreement, were key areas of discussion.”

Business speakers from the three countries were united in urging governors across all three countries, particularly in the U.S., to be strong advocates for a strong updated NAFTA with their national governments at this key moment in the negotiations.

USCIB member company representatives were also present and active at the NGA Summit with UPS, Walmart, and Squire Patton Boggs executives among the formal speakers/panelists to the Governors; CenturyLink was another active participant in the corridors. Former Canadian Foreign Minister Perrin Beatty, CEO of USCIB’s Canadian counterpart organization the Canadian Chamber was another clear pro-NAFTA, pro-business panelist in his presentation to the assembled governors.

Donnelly commented, “I come away from this NGA weekend with some key governors from across North America very encouraged that they really understand and support NAFTA and importance of an integrated, competitive North American economy/marketplace going forward. At this trilateral Summit, I saw none of the partisanship and anti-trade grand-standing we see so much of in Washington these days. The coming weeks will be critical for the fate of NAFTA and America’s governors, of wither party, can be important allies in convincing the Administration and, then down the road, the Congress to do the right thing…….and not to do the wrong thing on NAFTA.”

World Trade Week NYC Celebrates Gotham’s Export Champs

Cheryl Moore of the New York Genome Center

USCIB is a longtime partner in the annual World Trade Week festivities in New York City. World Trade Week, a celebration of international commerce in cities across the United States, was launched by President Franklin Delano Roosevelt and brings together trade champions and companies of all sizes to mark the critical importance of cross-border commerce in promoting American competitiveness and global leadership.

World Trade Week NYC 2018 – despite the name, actually a full month of events and activities – kicked off this week with a high-level awards breakfast hosted by the Weissman Center for International Business at Baruch College, part of the City University of New York. Among the award honorees was the New York Genome Center, whose president and COO Cheryl Moore also served as the breakfast keynote speaker, providing an overview of New York’s efforts to foster growth in the life sciences industries.

Other businesses recognized for export success included Magnetic Analysis Corp., Innodata, Inc. and Classic Rug Collection, Inc. Empire State Development’s Global NY initiative was also honored, as was Irving A. Williamson, a member of the U.S. International Trade Commission, who was presented with a lifetime achievement award.

USCIB Vice President Jonathan Huneke served on the steering committee for World Trade Week NYC 2018. For a full list of World Trade Week events in and around New York City, click here.

Mulligan Joins BIAC to Push for Business Priorities at OECD

USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan was in Paris the last week of April attending Business at OECD (BIAC) and OECD Trade Committee meetings, which included dialogues with several OECD officials, including Director of the OECD Trade Directorate Ken Ash, OECD Deputy Secretary General Mari Kiviniemi, Head of the OECD Investment Division Ana Novik, and Head of the OECD Services Trade Division John Drummond, among others.

“BIAC’s meetings were integral in getting the business community on the same page regarding several issues, including possible accession to the OECD by Argentina, Brazil, Peru, Croatia, Romania and Bulgaria, BIAC’s upcoming work with B20 Argentina on joint meetings later this month in Paris, as well as the OECD release of a Trade Facilitation publication this summer,” noted Mulligan.

According to Mulligan, BIAC members also discussed BIAC talking points on the OECD’s draft Program of Work and Budget for 2019-20 (PWB), providing suggestions for inclusion of services trade, de-minimis, overcapacity, digital trade, cybersecurity, customs simplification for SMEs, trade distortions, international regulatory cooperation, and government procurement.  These were in addition to the points based on the BIAC Trade as a Priority for All paper approved by the Committee last year. At a subsequent OECD Trade Committee Meeting later that week, member countries provided feedback to the secretariat about the draft PWB and BIAC, represented by its Chair Cliff Sosnow, noting the areas it would like to see the committee focus on during this cycle, which aligned with many of the areas BIAC had suggested.  However, BIAC noted that the PWB did not seem to include further work on localization requirements and state-owned enterprises that continue to be key areas of concern for its members and encouraged the OECD to include this in their work plans going forward.

Mulligan also had the opportunity to attend the BIAC Roundtable on Data Localization, Digital Trade and Market Openness which enabled a dialogue among the 25 people around the table. Ash, who recently met with the Japanese business group Keidanren, emphasized his desire to understand the realities of business and digital trade issues and noted Keidanren’s plans to make digital trade a focus when they host G20/B20 in 2019.

Mulligan then joined Pat Ivory of the Irish Business Federation Ibec, in their capacities as vice chairs of the BIAC Trade Committee to provide overviews on the BIAC digital trade priorities.

“Members are increasingly voicing concerns about data localization requirements related to the impact on cybersecurity and the conflicts they can cause for highly regulated industries,” stressed Mulligan. “The impact of rapidly changing technology and the need for regulators to take approaches to digital trade that do not end up restricting trade, stifling innovation, and undercutting economic growth.”

BIAC members noted challenges they deal with when assessing where to do business and suggested that localization requirements that can increase security risks in some developing countries and can make it less likely for them to do business there.

OECD Tax Conference: Global Challenges in the Context of U.S. Tax Reform

Washington, D.C., May 2, 2018 – Several months after the passage of the most fundamental U.S. tax reform law in over 30 years, what will the impact be on global companies – and on cross-border trade and investment? This is just one of the many questions to be discussed at a major June 4-5 conference in Washington, D.C.

The 2018 OECD International Tax Conference, which will take place at the Four Seasons Hotel, will provide a unique opportunity for business experts to interact directly with key leadership from the Organization for Economic Cooperation and Development, its Center for Tax Policy and Administration (CTFA), and senior tax officials from the United States and other OECD countries.

The conference is the 13th annual gathering on global tax policy developments convened by the United States Council for International Business (USCIB), in cooperation with the 35-nation OECD and its official private-sector advisory body Business at OECD (also known as BIAC). Details on the event are available at www.uscibtax.org.

“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. This conference provides an unparalleled opportunity to learn about, and influence, the latest developments in the global taxation system.”

Keynote remarks at this year’s conference will be delivered by U.S. Council of Economic Advisors Chairman Kevin Hassett. Other speakers will include:

  • Pascal Saint-Amans – Director of the Center for Tax Policy & Administration, OECD
  • Grace Perez-Navarro – Deputy Director of the CTPA, OECD
  • Martin Kreisenbaum – Director General, International Taxation, Ministry of Finance, Germany
  • Brian Ernewein – General Director, Tax Policy Branch, Department of Finance, Canada
  • Mike Williams – Director, Business and International Tax, HM Treasury, UK
  • Lafayette (Chip) Harter – Deputy Assistant Secretary for International Tax Affairs, U.S. Treasury
  • Doug O’Donnell – Commissioner, Large Business and International Division, IRS
  • Mary Baine – Head, International Taxation, African Tax Administrative Forum
  • Will Morris – Chair, BIAC Committee on Taxation and Fiscal Affairs
  • Bill Sample – Chair, USCIB Tax Committee

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, the International Organization of Employers and Business at 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

Donnelly Speaks Up for Business at UN Trade Meetings

Shaun Donnelly

USCIB Vice President for Investment Policy Shaun Donnelly single-handedly represented the views of the business community at last week’s meetings of the United Nations Commission on International Trade Law (UNCITRAL) Working Group III on Investor-State Dispute Settlement (ISDS).  The week-long meetings at UN Headquarters in New York were, according to Donnelly, “a painstaking death march through a draft UNCITRAL document on real or perceived problems with the existing ISDS system.” Eighty UN member governments (sixty of whom serve terms as full UNCITRAL members, plus 20 observer governments) were generally critical of the current systems and numerous NGO observers were always happy to chime in to attack ISDS investment arbitration and businesses which use those protections, reported Donnelly.

It fell to a relative handful of government delegations plus Donnelly and one European business representative, as well as fellow observer representatives from leading law and arbitration bodies such as the American Bar Association,  the American Society of International Law, and the American Arbitration Association to defend the well-established ISDS arbitration system.

“Clearly ISDS is under assault from NGOs and many developing countries,” said Donnelly. “The European Union and its member states are pushing hard for early negotiations on a new permanent multilateral investment court to replace the whole ISDS system.” Donnelly and other observers continued to emphasize in formal interventions and in corridor conversations with key delegations the proven strengths of the current ISDS system and, by implication, serious problems with some of the more state-dominated “reform” proposals.

“Frankly, it’s frustrating, “ Donnelly said, “to see UNCITRAL and many of its member governments so intent on rushing hell-bent to replace a proven system of independent, expert arbitrators to resolve complex investment disputes. Ideas from the EU and others to replace ISDS with some sort of state-dominated permanent court seem explicitly designed to be hostile to investors and are not helpful.”

UNCITRAL is scheduled to continue semi-annual WG meetings, alternating between Vienna and New York, and will be turning to debating specific alternative systems. These issues will need more attention from US and international business going forward, both at the sessions and intersessionally with national governments.