USCIB Commends Senate for Proceeding on Trade Promotion Authority

capitol_dome_scaffoldingThe United States Council for International Business (USCIB) is pleased the Senate voted to proceed on Trade Promotion Authority today, following a day of negotiations after the trade package failed to make it through the Senate on Tuesday.

“We commend the Senate for starting debate on TPA and urge lawmakers to pass the bill as soon as possible,” said USCIB President and CEO Peter Robinson. “There is growing public appreciation of the benefits of trade to our economy and our workforce. We need TPA in order to seize the tremendous opportunities for growth in our current trade talks.”

A strong advocate for international trade and investment, USCIB is a founding member of the Trade Benefits America Coalition, an organization of American business organizations dedicated to building support for the U.S. trade agenda.

USCIB and its international partners also organized two high-level policy conferences about the benefits of increased trade and investment: “Exploring New Approaches to Trade, Investment and Jobs” last October with a keynote by USTR Michael Froman, and the Customs & Trade Facilitation Symposium in February with Customs and Border Protection Commissioner Gil Kerlikowske. In addition, Robinson co-authored an Op-Ed in The Hill with former Rep. James Bacchus in March about the pressing need to pass TPA.

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, 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 

Christopher Zoia, USCIB
+1 212.703.5063, czoia@uscib.org

 

Business Engagement in the UN Climate Talks

USCIB CEO and President Peter Robinson at a Press Conference during the COP-20 Conference in Lima, Peru.USCIB CEO and President Peter Robinson at a Press Conference during the COP-20 Conference in Lima, Peru.

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USCIB CEO and President Peter Robinson at a Press Conference during the COP-20 Conference in Lima, Peru.

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Jim Bacchus, ICC (center) and USCIB’s Norine Kennedy (left) participating in a panel organized by the Major Economies Business Forum (BizMEF) during the COP-20 Conference in Lima, Peru.

William E. Craft, Deputy Assistant Secretary for Trade Policy and Programs, Bureau of Economic and Business Affairs, U.S. State Department gives luncheon keynote remarks during the USCIB-ICC-IETA North America Climate Change Consultation in June 2015.William E. Craft, Deputy Assistant Secretary for Trade Policy and Programs, Bureau of Economic and Business Affairs, U.S. State Department gives luncheon keynote remarks during the USCIB-ICC-IETA North America Climate Change Consultation in June 2015.

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William E. Craft, Deputy Assistant Secretary for Trade Policy and Programs, U.S. State Department gives luncheon keynote remarks during the USCIB-ICC-IETA North America Climate Change Consultation in June 2015.

Government and Private Sector Participants at a Major Economies Business Forum (BizMEF) side-event during the COP-20 Lima Conference.Government and Private Sector Participants at a Major Economies Business Forum (BizMEF) side-event during the COP-20 Lima Conference.

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Government and Private Sector Participants at a Major Economies Business Forum (BizMEF) side-event during the COP-20 Lima Conference.

The United States Council for International Business (USCIB) strongly supports the UN Framework Convention on Climate Change (UNFCCC) and a successful and effective outcome to the current negotiations leading to a new long term post 2015 climate agreement.

USCIB will represent American business interests in the remaining negotiations en route to and at the 2015 United Nations Climate Change Conference in Paris at the end of the year. The agreement that will come out of these UN climate talks will dramatically shape the future of international commerce and have a lasting impact on regulatory frameworks, affecting market access and investment. But if this agreement doesn’t work with and for business, then it just won’t work. Given the effects such an agreement will have on global markets, the private sector must be included as a partner in international efforts to reduce greenhouse gas emissions and advance adaptation and resilience.

campaign2015_logoUSCIB will provide critical business recommendations and engagement to the UN through our global network to inform the agreement’s outcome, ensuring that its conclusions truly work for business.

As part of its advocacy, USCIB is encouraging governments to create a recognized interface, or “channel,” for business input into the UN’s deliberations so that the private sector is heard during negotiations that will lead to binding laws and new markets. USCIB also seeks to preclude legally binding outcomes that may have unintended negative consequences for business.

Business will be expected to support, finance and report on the UN climate agreement; business therefore needs to be part of the international climate policy conversation.

As the voice of American business at the international level, USCIB seeks a recognized consultative role for the private sector to inform the global climate change agenda – from setting priorities, to crafting policy options, to taking action.

Upcoming Events

December 1, Paris, venue: US Government Pavilion, “Deploying Innovative Technologies for Climate Change: Looking to Trade to Jumpstart Paris Action”, 5:45 pm – 6:45 pm

December 2, Paris, venue: French Government Climate Generations Area, “Business, the SDGs and Climate Change: Synergies and Engagement Opportunities”, 3:30 pm – 5:00 pm

December 5, Paris, venue: George Marshall Center, Embassy of the United States, “USCIB-American Chamber of Commerce, Executive Briefing and High Level Roundtable Meeting for US Business” 10:00 am – 2:30 pm

December 10, Paris, venue: UNFCCC official side-event in the Blue Zone: “BizMEF side-event on INDC’s (Nationally Determined Contributions)”, 3:00 pm – 4:30 pm

Engaging Business: USCIB’s International Climate Policy Update:

Volume 1, August Issue

Volume 2, October Issue

Volume 3, November Issue coming soon!

Private Sector Perspective on Food Security Challenges

28 July 2006, Rome - A general view of FAO Headquarters.USCIB and its members participated in bilateral meetings that included close to 60 countries at the United Nations Food and Agriculture Organization (FAO) this week to discuss business priorities on food security, agriculture trade and other nutrition issues. This year’s meeting of the Private Sector Mechanism marked the most diverse industry delegation yet, with participants spanning over 16 countries across five continents, representing the entire agriculture value chain.

The Private Sector Mechanism is a network that coordinates input from business into the UN Committee on World Food Security. This year’s group includes representatives from USCIB members including Monsanto, The Coca-Cola Company, Mead Johnson and the Grocery Manufacturers Association.

“These meetings are great because companies are able to have a real intimate conversations with governments about the programs and/or partnership they have in place to address issues affecting food security and nutrition,” said Helen Medina, USCIB’s vice president for product policy and innovation. “Often government officials are not aware of how the private sector is already engaged. These talks not only inform the policy discussion but also spark ideas on how the private sector can further work with governments in mutually beneficial manner. These dialogues are a crucial to building relationships and trust so that we can work together to combat global hunger and nutrition challenges.”

Industry representatives also discussed possible side events at the UN Committee on Food Security (CFS) to be held in October related to empowering women in agriculture and supply chains and the important linkages between trade and food security.

During the CFS there is an opportunity for a broad cross-section of stakeholders to come together to address the barriers to women’s productive participation in food supply chains and entrepreneurship in an integrated way. The proposed event would convene relevant organizations – including members of the FAO’s Private Sector Mechanism, local country delegates, NGOs, academics, and intergovernmental organizations – in a roundtable discussion focused on “Women, Farmers, Entrepreneurs, Mothers: Solutions at Nexus of Agriculture, Nutrition and Gender.” The goal of this session will be to identify proven solutions, explore collaboration and establish leadership in this field.

In addition, USCIB and other industry groups hope to showcase the benefits of trade and to explain that trade is an important component of the agriculture and food system. Opening up global, regional and national trading opportunities for small- and medium-scale producers will be key to addressing the challenges related to food security and nutrition, particularly in developing countries.

USCIB Calls for Business Engagement on World Health at HHS

health_care_globe_lo-resAhead of the World Health Assembly later this month where the World Health Organization (WHO) will deliberate on its Framework for Engagement with Non-State Actors, USCIB attended a stakeholder listening session at the U.S. Department of Health and Human Services in D.C. to urge the United States government to fight against business discrimination in the WHO’s framework.

Helen Medina, USCIB’s vice president for product policy and innovation, spoke at an HHS listening session held to solicit knowledge, ideas and feedback from all stakeholders – including private industry – as the U.S. positions itself to negotiate with other countries at the upcoming World Health Assembly.

USCIB previously stated its concern that the proposed WHO Framework for Engagement with Non-State Actors is too stringent, as it would limit the WHO’s ability to fully benefit from the private sector’s practical expertise, resources and research. The sheer scale of global health challenges, such as the recent Ebola crises and the growing incidences of non-communicable diseases which are responsible for 60 percent of the world’s premature deaths, require everyone to be on board to address world health, including business.

“We must bring forward and catalyze partnerships that connect across what many call the ‘Golden Triangle’ of business, government and civil society,” Medina said at the HHS listening session. “For this reason, we are extremely concerned about aspects of the recently proposed Framework. As currently drafted, it will undermine the ‘Golden Triangle’ concept by discriminating against and even banning business.”

USCIB called on American negotiators headed to the World Health Assembly to consider the following messages:

  • The WHO framework should not explicitly ban industry sectors or tread industry NGOs differently from others
  • It should apply the same rules of transparency to address conflict of interest for all non-state actors
  • And it should not discriminate against or reclassify organizations that cooperate with business

Read Medina’s remarks.

Kim Kit Ow Named to Lead ICC Academy

Kim Kit Ow
Kim Kit Ow

The International Chamber of Commerce (ICC) has named former ICC Regional Director for Asia, Kim Kit Ow, as Managing Director of its recently launched ICC Academy.

With extensive experience both as a practicing lawyer and in-house counsel, Ow will be responsible for overseeing day-to-day operations of the new Academy, established by ICC to deliver market-leading professional education.

“I am thrilled to take up the challenge of leading this pioneering initiative from ICC,” Ow said. “My overarching priority is to ensure effective implementation of the Academy’s strategy so that our important work of bridging the global skills gap and making quality professional education accessible worldwide can begin and be sustained for many years to come.”

Ow holds a law degree from the National University of Singapore and was called to the Singapore Bar. She began her career in a leading Singapore law firm, practicing as a disputes resolution lawyer. Subsequently she moved into the banking and finance sector, working for both private and public bodies including Credit Suisse and the Monetary Authority of Singapore.

In 2009, Ow became regional director, Asia for the ICC International Court of Arbitration and ICC Dispute Resolution Services where she was responsible for promoting ICC’s dispute resolution services.

“Providing quality education on a global scale begins with quality management,” said John Danilovich, ICC Secretary General and ICC Academy Chairman. “With her extensive professional experience and in-depth knowledge of ICC’s unique value proposition, I have no doubt that Ow is the right person to lead this exciting venture and help drive the ICC Academy into the next phase of its development.”

The ICC Academy is headquartered in Singapore where Ow will lead a team of Academy staff liaising closely with ICC headquarters in Paris to develop and distribute ICC Academy products and services worldwide.

Follow the ICC Academy on Twitter @TheICCAcademy

Visit the ICC Academy official website

Staff contact: Eva Hampl 

More on USCIB’s Banking Committee

USCIB Comments on U.S.-China Investment Relationship

Blue sky and white clouds, ancient Chinese architectureUSCIB submitted recommendations on behalf of the American business community to the U.S.-China Joint Commission on Commerce and Trade (JCCT), the primary forum for addressing bilateral trade and investment issues and promoting commercial opportunities between the United States and China.

USCIB supports efforts to improve the business environment for both U.S. and Chinese companies. In a statement submitted on April 30, USCIB urged both governments to move ahead on a high-standard U.S.-China Bilateral Investment Treaty and made the case for using the full range of multilateral forums available to work toward improved commercial relations.

The recommendations highlighted specific member concerns that can be efficiently addressed through high-level dialogue afforded by the JCCT process. These concerns included:

  • Anti-monopoly law (AML)
  • Audiovisual
  • Certification, Licensing and Testing Barriers
  • Express Delivery Services (EDS)
  • Government Procurement
  • Intellectual Property Rights
  • Regulatory Environment
  • Standards
  • State-Owned Enterprises
  • Technology Policy

“USCIB appreciates the commitment to ongoing dialogue the United States and China have made in the JCCT process over the years and encourage continued commitments to focus efforts on improving the business environment for both U.S. and Chinese companies,” the report noted.

Read USCIB’s recommendations.

The Big Idea: UN Climate Talks: Why the Private Sector Needs to Be Involved Now

By Ann Condon and Norine Kennedy

un_headquarters_lo-resThomas Edison said, “Opportunity is missed by most people because it is dressed in overalls and it looks like work.” For the United Nations climate change deliberations driving toward a global agreement in Paris this December, we would offer a variation on Edison’s observation. In this context, opportunity looks like a business person, ready to roll up their sleeves, invest in innovation, find new markets and become more competitive. USCIB wants to make sure the negotiators do not miss that opportunity.

And it goes beyond an opportunity. In our view, engagement with the private sector is imperative from both an economic and environmental standpoint. We need to manage and address the risks of climate change, and doing so requires engaging all countries and societal partners. And this must happen cost-effectively, with job creation and shared prosperity, stimulating economic growth and development.

Can emissions reductions and economic growth really go hand in hand? The answer is an emphatic “Yes!” Moreover, we now have clear evidence that this is underway. In March, the International Energy Agency announced that the world had successfully decoupled economic activity from greenhouse gas emissions, with global GDP increasing by 3.3 percent in 2014, while emissions decreased. This was the first time in over 40 years that observed emissions declined without an economic downturn.

USCIB member companies have made important contributions to inform the discussions, with the goal of influencing policy and market outcomes, meeting societal expectations and, in the process, finding new opportunities and new markets.

The business community has a clear stake in being engaged in the UN negotiation process, to help policy makers understand the economic and business opportunities and consequences of their policy choices.

USCIB, which has been engaged in the process since negotiation of the original UN Framework Convention on Climate Change in 1992, is seeking to expand private-sector engagement throughout the course of 2015 and beyond the Paris summit to the period when national implementation begins.

To do this we are working through multiple channels:

  • Advocating directly to the U.S. government, both on specific elements of a global agreement and on the critical issue of the U.S. pledge (or INDC, for “intended nationally determined contribution”).
  • Working closely with our partners in the International Chamber of Commerce; which serves as the business focal point for the UN negotiations and is playing an increasingly important role as a champion of sensible policies.
  • Engaging with multiple organizations on the interplay between the UN climate talks and other initiatives such as the Sustainable Development Goals.
  • Forging stronger links between the business communities of the major emitting countries through the Major Economies Business Forum.

So how do USCIB member companies see a feasible and durable approach to climate, one that sets the stage to address these joint economic and environmental imperatives?

First, we want governments to provide a clear framework for international action on the many dimensions of climate change – including energy access and modernization to reduce greenhouse gas emissions, and resilience and adaptation; with all large economies making national pledges to measure, monitor and report their activities.

Second, negotiators must find a way to mobilize and deploy $100 billion annually that governments pledged for climate mitigation and adaptation. You simply can’t get to a number that big without catalyzing private investment, which responds best to market incentives. For USCIB, open markets and trade are vehicles that spread investment and technology cost effectively and profitably; anything that hampers markets will slow the pace of climate action and make it needlessly expensive for companies and for society.

Third, and perhaps most importantly, the Paris summit must map out practical ways to include the private sector as a partner in the success of a global climate agreement. USCIB is seeking a recognized consultative role for business in all aspects of climate policy – setting priorities, informing policy options, taking action. As USCIB President and CEO Peter Robinson remarked at the most recent UN climate conference in Lima, Peru: “If a global agreement doesn’t work for and with business, it won’t work.”

It is apparent that this is an idea whose time has come: the French government has called upon the private sector to be part of a shared agenda for action in Paris, and has signaled the importance of ongoing dialogue with business as a priority.

The international community has laid out a broad vision of 2015 as a critical fulcrum, where we can reinvent and reinforce economic and environmental imperatives, using both in markets and policy. For USCIB and its members, expectations are high. We will do our utmost to make the case for what we know will work best – open markets and trade, innovation and the enabling conditions for private sector investment — to address climate change challenges and move the global economy forward.

Ann Condon is director for resource and environment strategies at GE and chair of USCIB’s Environment Committee. Norine Kennedy is USCIB’s vice president for energy, environment and strategic international engagement.

2015 OECD International Tax Conference: Background Documents

BACKGROUND DOCUMENTS

BEPS Action Plan – Overview

OECD: Addressing BEPS

OECD: Action Plan on BEPS

BIAC Statement of Tax Principles for International Business

BIAC Statement of Tax Best Practices for Engaging with Tax Authorities in Developing Countries

BEPS Discussion Drafts

Current

Past

BEPS 2014 Deliverables

2014 Deliverables

G20 Report on the Impact of BEPS in Low Income Countries

Part 1

Part 2

BEPS Implementation Package February 2015

Action 15

Action 13

Action 5

BIAC and USCIB Comments on BEPS

BIAC

June 2015**
BIAC Comments on the OECD Discussion Draft on BEPS Actions 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs)

May 2015:
BIAC Comments on the OECD Discussion Draft on BEPS Action 3: Strengthening CFC Rules

BIAC Comments on the OECD Discussion Draft on Action 11/ Improving the Analysis of BEPS

BIAC Comments on the OECD Discussion Draft on BEPS Actions 8-10: Revisions to Chapter I of the Transfer Pricing Guidelines (including Risk, Recharacterisation and Special Measures)

April 2015
on the OECD Discussion Draft on BEPS Action 12: Mandatory Disclosure Rules

February 2015
BIAC Comments on the OECD Discussion Draft on BEPS Action 10: The Use of Profit Splits in the Context of the Global Value Chains

BIAC Comments on the OECD Discussion Draft on BEPS Action 10: Transfer Pricing Aspects of Commodities Transactions

BIAC Comments on the OECD Discussion Draft on BEPS Action 4: Interest Deductions and Other Financial Payments

January 2015
BIAC Comments on the OECD Discussion Draft on Action 14: Make Dispute Resolution Mechanisms more Effective

BIAC Comments on the OECD Discussion Draft on BEPS Action 10: Proposed Modifications to Chapter VII to the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services

BIAC Comments on the OECD Discussion Draft on BEPS Action 7: Preventing the Artificial Avoidance of Permanent Establishment Status

BIAC Comments on the OECD Discussion Draft on BEPS Action 6: Preventing Treaty Abuse

September 2014
OECD’s Request for Input on BEPS Action 11: Establish methodologies to collect and analyze data on BEPS and the actions to address it

April 2014
BIAC Comments on the OECD Discussion Draft on BEPS Action 1: Tax Challenges of the Digital Economy

BIAC Comments on the OECD Discussion Draft on Transfer Pricing Comparability and Developing Countries

BIAC Comments on the OECD Discussion Draft on BEPS Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

February 2014
BIAC Comments in response to the OECD Discussion Draft addressing Transfer Pricing Documentation and Country by Country Reporting submitted to OECD (Appendix)

October 2013
BIAC letter to Mike Williams and Pascal Saint-Amans on BEPS

April 2013
BIAC Comments on the February 2013 OECD Report on BEPS

 

USCIB

May 2015**
USCIB Comment Letter on the OECD Discussion Draft on BEPS Actions 8: Revisions to Chapter VIII of the Transfer Pricing Guidelines on Cost Contribution Arrangements (CCAs)

April 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 3: Strengthening CFC Rules

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 12: Mandatory Disclosure Rules

February 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 4: Interest Deductions and Other Financial Payments

USCIB Comment Letter on the OECD Discussion Draft on BEPS Actions 8, 9, and 10: Discussion Draft on Revisions to Chapter 1 of the Transfer Pricing Guidelines (Including Risk, Recharacterisation and Special Measures)

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 10: Discussion Draft on the use of Profit Splits in the Context of Global Value Chains

January 2015
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 14: Make Dispute Resolution Mechanisms More Effective

USCIB Comment Letter on the OECD Discussion Draft on Follow Up Work on BEPS Action 6: Preventing Treaty Abuse

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 7: Prevent the Artificial Avoidance of PE Status

December 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 10: Proposed Modifications to Chapter VII of the Transfer Pricing Guidelines Relating to Low Value-Adding Intra-Group Services

September 2014
USCIB Comment Letter OECD’s Request for Input on BEPS Action 11: Establish methodologies to collect and analyze data on BEPS and the actions to address it

May 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 2: Neutralise the effects of Hybrid Mismatch Arrangements (Recommendations for Domestic Laws)

April 2014
USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 2: Neutralise the Effects of Hybrid Mismatch Arrangements (Treaty Issues)

USCIB Response to the OECD’s Discussion Draft on the Tax Challenges of the Digital Economy (the Discussion Draft)

USCIB Comment Letter on the OECD Discussion Draft on Transfer Pricing Comparability Data and Developing Countries

USCIB Comment Letter on the OECD Discussion Draft on BEPS Action 6: Preventing the Granting of Treaty Benefits in Inappropriate Circumstances

February 2014
USCIB Comments on the OECD Discussion Draft on Transfer Pricing Documentation and Country-by Country Reporting

Panelist Materials

“Cross-Border Tax Problems of Investment Funds” by Kim Blanchard

 

**Not included on USB

www.uscibtax.org

USCIB Promotes Investor Protections at ICC YAF Symposium

On April 6, Eva Hampl, USCIB’s director for investment, trade and financial services, spoke on a panel on The Impact of Investor-State Dispute Settlement (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) at an International Investment Symposium hosted by the International Chamber of Commerce Young Arbitrators Forum (YAF), Georgetown International Arbitration Society and The Institute of International Economic Law.

Discussing the issue with panelists ranging from practitioners to scholars and academics, Hampl emphasized the importance of investment, particularly with Europe, America’s largest trading, and the significance of investment protections and ISDS as an integral part of economic growth and development.

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement

Journal of Commerce – April 28, 2015

The WTO’s Trade Facilitation Agreement, when ratified, will simplify and harmonize the flow of trade information from shippers and other supply chain partners into agencies responsible for monitoring and regulating trade. USCIB’s Kristin Isabelli is quoted.

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement