USCIB Responds to OECD/G20 Report on Base Erosion and Profit Shifting

New York, N.Y., July 19, 2013 – Responding to a much-anticipated report to the G20 governments from the Organization for Economic Cooperation and Development (OECD) on possible changes to global taxation rules, the United States Council for International Business (USCIB) said the report reinforces the business community’s position on compliance with existing tax rules and the need for reform.

The OECD today submitted its action plan to tackle “base erosion and profit shifting” (BEPS) to G20 finance ministers meeting in Moscow, fulfilling a request by the G20 leaders at their summit last year in Los Cabos, Mexico.

“The OECD recognizes that most tax planning complies with current rules,” said Carol Doran Klein, USCIB’s vice president for tax policy. “The report states that BEPS is not primarily an issue of tax compliance.”

Klein said USCIB supports regular review by governments to ensure their tax policies are fit for purpose. “Indeed, the U.S. tax system is in need of fundamental reform, particularly in the international area,” she said. USCIB and its partner business groups overseas believe that a consensus-based approach is most appropriate, rather than a piecemeal approach, which would likely increase double taxation. “The OECD, with its resources and the analytical ability to look at these complex issues is the best place to build consensus on these complex issues,” said Klein.

Throughout the development of the BEPS report, USCIB has worked closely with the Business and Industry Advisory Committee
(BIAC) to the OECD, which officially represents the view of industry in the Paris-based body, and for which USCIB serves as the U.S. member federation. BIAC has also issued a statement regarding the BEPS report, available here.

Bill Sample, corporate vice president for worldwide tax with Microsoft and chair of the USCIB Tax Committee, stated:  “USCIB and it members look forward to working with  BIAC and the OECD on this timely and important review of the application of current tax policies to multinational businesses. The factors driving the need for U.S. tax reform also impact the international tax system.”

Last month in Washington, D.C., the OECD, BIAC and USCIB jointly held the 8th annual OECD International Tax Conference, which featured an in-depth discussion of BEPS along with other important global tax policy topics. More information on that event is available here.

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. With a unique global network encompassing leading international business organizations, including BIAC, 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

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IMB Piracy Report Highlights Violence in West Africa

4556_image001Somali piracy has fallen to its lowest levels since 2006, focusing attention on violent piracy and armed robbery off the coast of West Africa, the International Chamber of Commerce International Maritime Bureau (IMB)’s global piracy report revealed today.

Worldwide, the IMB Piracy Reporting Centre (PRC) recorded 138 piracy incidents in the first six months of 2013, compared with 177 incidents for the corresponding period in 2012. Seven hijackings have been recorded this year compared with 20 in the first half of 2012. The number of sailors taken hostage also fell dramatically; down to 127 this year from 334 in the first six months of 2012.

In the Gulf of Guinea, in addition to a rise in piracy and armed robbery – 31 incidents so far this year, including four hijackings – IMB reports a surge in kidnappings at sea and a wider range of ship types being targeted. This is a new cause for concern in a region already known for attacks against vessels in the oil industry and theft of gas oil from tankers.

“There has been a worrying trend in the kidnapping of crew from vessels well outside the territorial limits of coastal states in the Gulf of Guinea,” said Pottengal Mukundan, director of IMB, which has monitored world piracy since 1991. “There continues to be significant under-reporting of attacks – a phenomenon highlighted by the IMB year on year. This prevents meaningful response by the authorities and endangers other vessels sailing into the area unaware of the precise nature of the threat.”

Mr. Mukundan applauded the signing of the Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in West and Central Africa in June 2013 by the heads of the West and Central African countries.

Latest attacks may be viewed on the IMB Live Piracy Map.

Click here to read more in ICC’s website.

Staff contact: Nasim Deylami

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US-China Strategic Economic Dialogue Announcement of Investment Talks

4557_image002The 5th Round of the U.S.-China Strategic & Economic Dialogue (S&ED) concluded this week in Washington, D.C. with a promising announcement from China that they intend to begin formal talks on a high-standard bilateral investment treaty (BIT) with the United States.

In final statements, Treasury Secretary Jacob Lew said that his Chinese counterparts in the S&ED, Chinese State Councilor Yang Jiechi and Chinese Vice Premier Wang Yang, are ready to include all stages of investment and all sectors in the BIT negotiation.

This high-level agreement on basic terms of reference for negotiation of a high-standard U.S.-China BIT is quite encouraging. “If in fact China agreed to negotiations on all elements of an investment treaty, they would be opening up their economy considerably,” said USCIB Vice President Shaun Donnelly in an interview with Marketwatch. Donnelly said that all types of U.S. companies would benefit, especially oil and gas firms and financial-services entities.

Actual negotiation of such a BIT – including broad protections for investors, comprehensive definitions and coverage, strong investor-state dispute settlement provisions, and U.S.-style “pre-establishment” provisions for market-opening investment opportunities in both directions – will likely be quite challenging and will certainly take some time. But this high-level commitment to a negotiation of U.S.-style “gold standard” BIT is a very encouraging development.

Some other key developments from the S&ED include:

  • Acknowledgement of the cyber-theft issue and willingness to address the issue head-on
  • China’s announcement that it plans to submit a revised offer to join the WTO Government Procurement Agreement (GPA) by the end of 2013
  • China’s commitment to further open up to foreign investment – announcing a pilot free-trade zone in Shanghai for services
  • China’s commitment to further exchange-rate reform and enhanced foreign-exchange reserve transparency
  • China’s promise to provide requested audit work papers to U.S. market regulators, a step toward resolving issues on enforcement cooperation related to companies listed in the United States
  • Commitments from China to take important steps toward significant reform to the exchange-rate system, financial system, state-owned enterprises and taxes on businesses.

Please see final remarks from the S&ED here: http://www.state.gov/s/d/2013/211850.htm.

US-China Joint “Economic Track”S&ED Fact Sheet: http://www.treasury.gov/press-center/press-releases/Pages/jl2010.aspx.

Staff contacts: Justine Badimon and Shaun Donnelly

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Uncertainty Hampering Trade Finance ICC Survey Shows

4547_image002The International Chamber of Commerce’s 2013 survey on trade and finance, released in June, has found that a continued shortage of trade finance for international trade remains a major challenge for economic recovery and development, with many traders depending on overdraft and other corporate loans to finance exports and imports.

The proliferation of new regulations in recent years has increased cost pressure on financial institutions and depressed markets. Some 65% of surveyed experts said implementation of Basel III regulations is affecting the cost of funds and liquidity for trade finance. While many changes have already been implemented or proposed, the regulatory future remains unclear due to lack of harmonization, which remains a major problem for trade financiers and their clients.

The ICC survey positively indicates that despite uneven performance around the world in 2012, the market for trade finance does show signs of slow and steady growth, with temporary trade measures imposed during the financial crisis – including the rise in fees for trade –slowly being removed.

“This shows that financial intermediaries are continuing to satisfy the demand for financing and that investing in trade assets is part of a more sustainable model of banking, said Pascal Lamy, director general of the World Trade Organization, in the survey’s foreword.

Click here to read more on ICC’s website.

Staff contact: Eva Hampl

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ICC Recognized for Trade Services

The ICC Banking Commission has won the Trade and Forfaiting Review
2013 Excellence Award for Best Non-Bank Trade Services Provider.

With 80 years of experience and more than 600 members in over 100 countries, the commission is ICC’s largest commission and has gained a reputation as the most authoritative voice in the field of trade finance.

The ICC Banking Commission rules and related services include rules and guidelines on documentary credits, UCP 600 – the most successful privately drafted rules for trade ever developed – and Bank Payment Obligation rules on supply chain finance.

The award follows the commission’s recent launch of new standards in the field of trade finance, including Uniform Rules for Forfaiting and Bank Payment Obligation and International Standard Banking Practice.  Both publications are available for purchase in the USCIB International Bookstore.

Click here to read more on ICC’s website.

Deepening OECD-China Cooperation

Trade and investment relations with China remain at the top of the international agenda, as illustrated by this week’s latest round of talks under the U.S.-China Strategic and Economic Dialogue. It is in this context that the BIAC China Task Force presented business perspectives to a meeting of OECD Ambassadors, national delegates and OECD secretariat officials on June 21 in Paris. BIAC representatives voiced concerns about a looming credit crunch facing the Chinese economy, as well as longer-term issues pertaining to the overall business climate and environmental pressures.

As these challenges continue to grow in China, BIAC representatives encouraged the OECD to seize this moment to advise and work with China’s new leadership on specific reforms conducive to strong and more sustainable growth, such as better corporate governance, anti-corruption and reform of state-owned enterprises. BIAC’s China Task Force is looking forward to closer cooperation between the OECD and China this year and to exploring more opportunities to engage on issues where the OECD can provide value.

A summary of the meeting and the BIAC China Task Force final presentation will be circulated in the coming weeks to USCIB’s China Committee.

Staff contact: Justine Badimon

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Business Groups Express Concerns on Senate Effort to Address IP Theft

USCIB joined leading U.S. technology and business organizations in urging key senators from both sides of the aisle to take a fresh look at a proposed law on cyber-theft, to avoid any unintended consequences of harming U.S. economic security and competitiveness or hindering trade and commerce.

The groups explained their concerns in a joint letter to Senators Carl Levin (D-Mich.), Jay Rockefeller (D-W.Va.), John McCain, (R-Ariz.) and Tom Coburn (R-Okla.) — the bipartisan sponsors of S. 884, the Deter Cyber Theft Act. They wrote in part:

Theft of America’s valuable intellectual property and trade secrets through cyber espionage, or other means, is a serious economic security problem for U.S. companies and our country.  In today’s dynamic marketplace, a company’s success is highly dependent on its innovations and competitive advantage, both of which are closely tied to the development and protection of intellectual property. Collectively, the U.S. tech sector spent $80 billion in 2011 protecting and securing their networks against threats, including cyber espionage, and we commend the cosponsors for their demonstrated interest in protecting intellectual property (IP) from theft.

However, we have significant concerns with S. 884, the “Deter Cyber Theft Act,” as introduced, particularly the impact the legislation may have on international commerce and trade at a time when cyber policies are of heightened importance for the global technology ecosystem, as well as the long-term impact on U.S. economic security. For that reason, we urge the cosponsors to engage in a thorough review of this and similar legislation through hearings and markup in the Senate Finance Committee, where S. 884 is currently pending.

We applaud the bipartisan interest in protecting our economically vital intellectual property. However, we believe that we can advance intellectual property protection in a way that does not have a negative impact on our nation’s economic security and competitiveness.  For that reason, we look forward to working collaboratively with the cosponsors to ensure that S. 884 and similar legislation will effectively achieve these important shared goals.

Among the concerns expressed in the letter are S. 884’s potential impediment to international relations, its impact on U.S. exports, and its broad importation ban authority. Click here to read the complete letter. Signatories in addition to USCIB were BSA – The Software Alliance, the Information Technology Industry Council, the National Foreign Trade Council, TechAmerica and the U.S. Chamber of Commerce.

Staff contact: Rob Mulligan

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Tax Conference Weighs New Scrutiny of Global Companies

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IRS Deputy Commissioner Michael Danilack delivered keynote remarks at the conference.

Earlier this month, against a backdrop of slow economic growth and increased attention to international corporate tax practices, executives from a range of global companies met in Washington, D.C. with tax experts from the OECD and member governments at the 2013 OECD International Tax Conference. Now in its eighth year, the sold-out event was organized by USCIB in cooperation with the 34-nation OECD, which is the leading global forum for discussion of international tax policies.

The June 3-4 conference focused on the challenge of adapting longstanding international tax principles to the modern economy. At their summit in Mexico last year, G20 leaders explicitly referred to “the need to prevent base erosion and profit shifting,” or BEPS. G20 finance ministers subsequently asked the OECD to report on this issue by their meeting last February. The OECD report and follow-on action were high on the agenda at this year’s conference.

Pascal Saint-Amans, director of OECD Center for Tax Policy and Administration, led a discussion BEPS.  Participants included Robert Stack, deputy assistant secretary for international tax affairs at the U.S. Treasury; Mike William, director of business and international taxation with Her Majesty’s Treasury in the U.K.; Brian Ernewein, general director of tax policy with Finance Canada; and Will Morris, chair of the BIAC committee on Taxation and Fiscal Affairs.

The panelists acknowledged that there are problems with present system, but they cautioned that current rules have worked well for decades, and adverse impacts must be carefully considered. Stack said that “respecting legal entities and contracts is critical to the functioning of the transfer pricing rules, which have worked reasonably well in a very large majority of situations.”

Michael Danilack, deputy commissioner at the Internal Revenue Service, provided keynote remarks on recent developments in the OECD’s Forum on Tax Administration, which promotes dialogue between tax administrations and identifies good tax administration practices. Click here to read his remarks.

Several panels addressed issues relating to transfer pricing, including a panel led by Joe Andrus, head of the OECD’s transfer pricing unit. Business is very concerned about proposed changes to the OECD’s transfer pricing guidelines on intangibles. The issue of entitlement to intangible-related returns is particularly difficult, especially the notion of financial investment.

Andrus said the OECD believes that financial investment in intangibles is important, and continues to wrestle with this issue. He also indicated that financial investment will be dealt with differently in the next version of the discussion draft.

The conference was co-organized by USCIB, the OECD and the Business and Industry Advisory Committee (BIAC) to the OECD, which officially represents the view of industry in the Paris-based body, and for which USCIB serves as the U.S. member federation. Supporting organizations include the International Fiscal Association, Tax Foundation, National Foreign Trade Council, Organization for International Investment, Tax Council Policy Institute, International Tax Policy Forum and Tax Executives Institute.

“Governments need clear, consistent rules to collect an appropriate amount of tax from multinational enterprises doing business in their jurisdictions,” said Carol Doran Klein, USCIB’s vice president for tax policy. “Businesses need clear and consistent rules to foster trade and investment across borders.  Developing these rules requires dialogue among countries and business. The conference was an important part of that dialogue.”

Staff contact: Carol Doran Klein

Photos from the conference on Facebook

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An Early Harvest on Trade That Could Boost Jobs and Growth

Former World Bank President and U.S. Trade Representative Robert Zoellick spoke at the event.
Former World Bank President and U.S. Trade Representative Robert Zoellick spoke at the event.

Washington, D.C., June 17, 2013 – As G8 leaders gather in Northern Ireland for their annual summit, expanding trade will be high on the agenda. To spur discussion of concrete steps that could be taken to revive global trade and investment, the Peterson Institute for International Economics joined with and the International Chamber of Commerce (ICC) to hold a June 14 discussion in Washington, “Payoff from the World Trade Agenda.”

Robert B. Zoellick, former president of the World Bank and former U.S. trade representative, provided keynote remarks. Zoellick applauded the ICC initiative as “a great pathway” to expanded trade in a world where global output is now evenly split between developed and developing countries, and where significant South-South trade barriers still remain.

The event was held in partnership with the United States Business Council for International Business (USCIB), which serves as ICC’s American national committee, and the Center for Strategic and International Studies.

The Peterson Institute report, written by Gary Clyde Hufbauer and Jeffrey J. Schott, takes a fresh look at the Doha Round trade negotiations, and assesses the potential payoffs from seven agreements that could be revived and advanced in 2013 and entered into force as early as 2015. If all seven agreements were ratified, global gains could be substantial: export gains over $2 trillion, 34 million jobs supported, and global GDP gains of $2 trillion.

Incoming ICC Chairman Terry McGraw, CEO of McGraw-Hill Financial and also chairman of USCIB, said the report showed how important trade is to sustained global economic recovery. He said business leaders would strongly endorse the trade agenda with G20 leaders at this year’s summit in Saint Petersburg, Russia, and with WTO trade ministers in advance of their December ministerial in Bali, Indonesia.

USCIB President and CEO Peter Robinson cited the new report and recent OECD work on trade in value-added as underscoring the wisdom of securing multilateral solutions in a world of highly integrated, multi-country global value chains. He noted that imports now constitute some 40 percent of the value of exported goods globally, making import barriers in essence a tax on exports.

The Peterson report looks at potential trade, output and employment gains from the following elements in ICC’s World Trade Agenda:

  • concluding a WTO trade facilitation agreement
  • negotiating a new services plurilateral
  • expanding trade in information technology
  • implement duty-free and quota-free market access for exports from least-developed countries phasing out agricultural export subsidies
  • renouncing food export restrictions.

The report concludes that by simplifying customs procedures – through trade facilitation measures – alone, WTO member countries would deliver global job gains of 21 million, with developing countries gaining more than 18 million jobs and developed countries increasing their workforce by three million.

Providing a business perspective on the Peterson Institute report at the June 14 event were James Bacchus of Greenberg Traurig, a former Congressman and former chair of the WTO appellate body who now chairs ICC’s Trade and Investment Commission, Charles Johnston of Citi, chair of USCIB’s Trade and Investment Committee, and Scott Miller of the Center for Strategic and International Studies. For video and audio from the June 14 event, go to http://www.iie.com/events/event_detail.cfm?EventID=287.

For more information on the ICC World Trade Agenda, please visit http://www.iccwbo.org/global-influence/world-trade-agenda/.

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. With a unique global network encompassing leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org

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USCIB Hails Launch of U.S.-EU Trade and Investment Talks

L-R: European Council President Van Rompuy, President Obama, European Commission President Barroso, UK Prime Minister Cameron.
L-R: European Council President Van Rompuy, President Obama, European Commission President Barroso, UK Prime Minister Cameron.

New York, N.Y., June 17, 2013 – The United States Council for International Business (USCIB) applauded today’s announcement at the G8 Summit in Lough Erne, Northern Ireland that the United States and the European Union have launched negotiations for a Transatlantic Trade and Investment Partnership (TTIP).

“The European Union is our biggest export market, while the transatlantic investment relationship is the largest in the world, but there are plenty of additional opportunities if we play our cards right,” said USCIB President and CEO Peter Robinson.

“TTIP has the capacity to provide a big boost to our competitiveness, economic growth, and jobs here at home, and can jump-start other trade liberalization efforts at the regional and multilateral levels.”

According to the White House, the initial round of U.S.-EU talks is set to begin in Washington on July 8. It said TTIP will aim to further open EU markets, strengthening rules-based investment to grow the world’s largest investment relationship, while eliminating all tariffs on trade, improving market access for trade in services and tackling costly “behind the border” non-tariff barriers that impede the flow of goods, including regulatory impediments.

Last month USCIB submitted a report on TTIP to the U.S. Trade Representative’s office detailing recommended negotiating objectives in a variety of areas. Earlier this month, USCIB organized a roundtable in New York on the stakes for business in the TTIP negotiations.

Robinson said USCIB would work with fellow industry groups and the U.S. Trade Representative’s office to ensure that American industry views are front and center in the negotiations. USCIB is on the steering committee of the recently launched Business Coalition for Transatlantic Trade.

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. With a unique global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Contact:
Jonathan Huneke, USCIB
+1 212.703.5043, jhuneke@uscib.org

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World Bank President Upholds Doing Business Report

As we reported last month, governments and interest groups that are highly critical of the World Bank’s annual “Doing Business” report and ranking launched a broad attack on the program under the guise of a review. In response, USCIB joined with the International Chamber of Commerce (ICC) and International Organization of Employers
(IOE) to urge the Bank to maintain the integrity and rigor of the report. These efforts appear to have paid off.

Last week, World Bank President Jim Yong Kim issued a statement in response to an independent review panel’s assessment of the Doing Business report, essentially upholding the report’s methodology and ranking while committing the Bank to work toward its improvement going forward.

Kim’s statement read in part:

“The World Bank Group’s work on business climate development, including the Doing Business report, is core to our mission of ending poverty, and in fact we expect it to grow. Our client countries are demanding it, because there is broad consensus about the need for jobs to eliminate poverty and boost growth. We are committed to this work.

“It is indisputable that Doing Business has been an important catalyst in driving reforms around the world. The Panel has made valuable suggestions for how to enhance the report, which merit consideration. Going forward, I will be pushing World Bank Group staff to focus their efforts on improving all aspects of Doing Business, including its data, methodology, and rankings. I am committed to the Doing Business report, and rankings have been part of its success.”

USCIB will continue to monitor the evolution of the Doing Business report, which we regard as a uniquely valuable catalyst for market-oriented reform, private investment, economic growth and job creation around the world.

Staff contacts: Shaun Donnelly and Adam Greene

New York Times: How the World Bank Makes Doing Business Easier

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