Now Is the Time to Stand Up for Trade and Investment

Trade is like a bicycle – it needs forward momentum to avoid falling over.

USCIB President and CEO Peter Robinson
USCIB President and CEO Peter Robinson

Last March, President Obama issued his 2014 U.S. Trade Agenda, which outlined ambitious priorities for expanding American trade and investment around the world, in support of expanded job growth and enhanced U.S. competitiveness. Part of the trade agenda’s ambition lay in an “all of the above” approach – that is, the United States would move forward on major bilateral, plurilateral and multilateral efforts to expand cross-border commerce, while securing bipartisan support for renewed Trade Promotion Authority (TPA) in Congress. We at USCIB applauded loudly and set about drumming up private-sector support.

More than six months on, while some progress has been made, I fear that we face a number of disappointments, potential setbacks and stiff challenges that have served to undercut the administration’s ambitions and the broader cause of expanded trade. Consider these developments:

  • In July, a small group of countries led by India blocked implementation of the World Trade Organization’s Trade Facilitation Agreement, which was agreed last December at the WTO ministerial in Bali. This has sent the organization into yet another crisis, putting the brakes on the WTO’s whole post-Bali agenda.
  • Unfounded anxiety, some might say hysteria, has sprung up in Europe over certain aspects of the Transatlantic Trade and Investment Partnership (TTIP), such as the same strong investor-state dispute settlement provisions that already exist in numerous U.S. and European commercial agreements. The hysteria is threatening to upend these crucial negotiations, and could complicate efforts to negotiate a U.S.-China bilateral investment treaty.
  • Several countries, including the United States, are threatening to carve out certain sensitive areas from liberalization commitments under the Trans-Pacific Partnership (TPP), as well as in the TTIP negotiations.
  • TPA legislation remains stalled on Capitol Hill, captive to Washington’s increasingly polarized, partisan divide.

All this is deeply disappointing. Expanding trade and investment is essential for economic growth and job creation. Indeed, the International Chamber of Commerce (ICC) and the Peterson Institute for International Economics estimate that the trade facilitation agreement alone would create 21 million new jobs worldwide. More broadly, it is increasingly clear that freeing up cross-border trade and improving conditions for FDI must be part of critical global efforts to address climate change and promote sustainable development.

After investing so much time and effort to champion the pro-trade consensus that now seems to be fraying, we in the business community have every right to be frustrated. Yet we must try to help our political leaders around the world pick up the pieces and get back to the negotiating table in Geneva, summon the courage to stand up for an ambitious approach to the TPP and TTIP negotiations, and move forward – after lengthy delays – on Trade Promotion Authority.

With that in mind, in October I joined USCIB (and ICC) Chairman Terry McGraw and ICC Secretary General John Danilovich in Geneva at the World Investment Summit. Convened by the UN Conference on Trade and Development, the summit was an important opportunity to look at how FDI can be leveraged for sustainable development, economic growth and jobs. In addition, both John and Terry have spearheaded an aggressive global campaign to help get the WTO back on track.

As this issue of International Business went to press, we joined with the OECD and its Business and Industry Advisory Committee (BIAC) to organize a high-level conference in Washington, D.C. on new directions in trade and investment policy. The October 30 event showcased groundbreaking policy-related research from OECD on the rise of global value chains, trade in services and other aspects of the 21st-century global economy. We hope that the fresh ideas and new perspectives offered at the conference will help demonstrate the importance of moving forward to tackle today’s most pressing trade and investment barriers.

USCIB continues to play a leadership role pressing for strong, market-opening commitments in TPP and TTIP. We are also working closely with a broad-based business coalition to move forward on TPA. The old saying still holds: trade is like a bicycle – it needs forward momentum to avoid falling over. That is why it is more important than ever for business around the world to keep up the pressure on our political leaders to implement the Bali package, strive for ambitious, high-standards agreements with Asia and Europe, push ahead to negotiate a high-standard U.S.-China bilateral investment treaty, and get off the dime to pass meaningful Trade Promotion Authority.

Peter Robinson’s bio and contact information

Other recent postings from Peter Robinson:

What’s the Rush on Global Tax Reform? (Summer 2014)

Setting the Rules of the Road in Cross-Border Commerce (Spring 2014)

It’s Time to Clap with Both Hands on FDI (Winter 2013-2014)

Making Sure the Business Voice Is Heard in International Agencies (Fall 2013)

ICC Antitrust Compliance Toolkit Workshop

4820_image002Compliance laws have proliferated rapidly around the world in recent years, reflecting society’s increasing ethical expectations about the governance of business conduct. Managing the growth of these legal compliance requirements is challenging for businesses without the right tools to foster a compliance culture.

Compliance has become particularly important in the field of antitrust law. Sanctions for antitrust violations are often substantial, with potentially massive reputational damage to companies resulting from adverse antitrust findings. To date there is no international consensus among antitrust enforcement agencies on how to support businesses in their genuine antitrust compliance efforts.

Therefore, the ICC Antitrust Compliance Toolkit and the September 9 Toolkit Workshop come at a critical time. The International Chamber of Commerce and USCIB seek to foster understanding between business and antitrust agencies through the toolkit and the upcoming program.

ICC Antitrust Compliance Toolkit Workshop
September 9, 2014 – 1:30pm – 4:30pm
Kaye Scholer LLP 425 Park Avenue
New York, NY  10022-3598

To register, please email Rachel Spence at rspence@uscib.org with your name, title and organization.

Many companies already have antitrust compliance programs in place to help protect themselves and their shareholders. In order to support business in these efforts, ICC has developed practical tips, guidance and advice to assist companies in building and reinforcing credible antitrust compliance programs, taking into account both the risks these companies face and the resources available to them.

This global toolkit complements materials produced by antitrust agencies and other sources of guidance by focusing on practical steps companies can take internally to embed a successful compliance culture. The toolkit has been produced by the ICC Task Force on Antitrust Compliance and Advocacy following suggestions from a number of antitrust enforcement agencies.

Organized by the International Chamber of Commerce (ICC) and the U.S. Council for International Business (USCIB), the event will be hosted by Kaye Scholer LLP from 1:30 p.m. to 4:30 p.m. in New York City immediately following the Joint USCIB Competition Committee and ICC Competition Commission Meeting.

Workshop Agenda

1:00 p.m. to 1:30 p.m. – Registration

 

1:30 p.m. to 1:35 p.m. – Introductory remarks

John M. Taladay, Partner, Baker Botts

1:35 p.m. to 2:05 p.m. – Keynote Speaker

Brent C. Snyder, Deputy Assistant Attorney General for Criminal Enforcement, U.S. Department of Justice

2:05 p.m. to 2:30 p.m. – Presentation of the ICC Antitrust Compliance Toolkit

Anne Riley, Group Antitrust Counsel and Associate General Counsel, Shell International Limited

2:30 p.m. to 2:45 p.m. – Coffee Break

 

2:45 p.m. to 3:45 p.m. – Case Study on the Risk Assessment

This session will begin with a presentation of the case study, which will be provided to participants prior to the meeting, and follow with discussion groups that will be facilitated by the organizers.

3:45 p.m. to 4:25 p.m. – Panel discussion on corporate compliance programs

Charles Webb, Senior Director, International Antitrust Compliance, Wal-Mart
Aimee Immundo, Senior Counsel, Competition Law and Compliance, General Electric
Scott Hemphill, Professor of Law at Columbia Law School, Former Antitrust Bureau Chief for the New York Attorney General

4:25 p.m. to 4:30 p.m. – Conclusions

Jennifer B. Patterson, Partner, Kaye Scholer LLP

4:30 p.m. to 5:30 p.m. – Cocktail Hour

Staff contact: Justine Badimon
 
More on USCIB’s Competition Committee

The Role of Trade in the UN Post 2015 Development Agenda

The United States Council for International Business (USCIB) and the Green Economies Dialogue initiative (GED) will host a Working Session on October 2 during the 2014 WTO Public Forum:

“The Role of Trade in the Post 2015 Development Agenda: Greening Growth and Disseminating Solutions – A Green Economies Dialogue Initiative Discussion.”

4819_image0024819_image004

 

The theme of the 2014 WTO Public Forum is “How Trade Benefits Everyone.”  The ambition of the UN Post 2015 Development Agenda is to enhance and integrate economic, development and environment considerations while broadening benefits to all through inclusive growth and shared prosperity.  Trade is a powerful vehicle to advance this.

Confirmed speakers include:

  • Christopher Wilson, deputy chief of mission, U.S. Mission to the WTO
  • Steven Stone, head, Economics and Trade Division, U.N. Environment Programme (UNEP)
  • Brian Fisher, managing director, BAEconomics Pty Ltd

The USCIB/GED Working Session will:

  • present perspectives relevant to trade as a vehicle for technological innovation and its dissemination, global value chains, job creation and environmental solutions, as they relate to the formulation of the UN Post 2015 Development Agenda over the next year and half.
  • highlight the benefits and contributions multilateral trade systems and approaches deliver via trade in developed and developing countries, especially through private sector technology and expertise on environmental challenges such as climate change.

Staff contact: Norine Kennedy

More on USCIB’s Environment Committee

More on USCIB’s Trade and Investment Committee

In Memoriam

It is with deep regret that USCIB marks the untimely passing of two former USCIB Trustees, Jim Schiro and John Akers, leaders of successful international businesses.

Jim Schiro, 68, was chief executive of PricewaterhouseCoopers and Zurich Financial Services, and a lead director at Goldman Sachs. While at PwC, Schiro served as a USCIB Trustee and as a member of USCIB’s board of directors. He also oversaw USCIB finances as treasurer and chairman of the Finance and Oversight Committee. Peter Robinson, USCIB president and CEO, noted: “We greatly appreciated the opportunity to work with Jim—a good-natured, smart leader who kept us on our toes in a supportive way.”

John F. Akers, 79, became IBM’s sixth chief executive in 1985 and chairman a year later. In addition to serving as a Trustee, Akers was the 1989 recipient of USCIB’s annual International Leadership Award.  Robinson recalled that “Even at a challenging time of change for the computing industry, John was one of those senior business executives who dedicated themselves on behalf of American and global business to extracurricular service in championing open trade and investment policies.”

They will be missed, and our thoughts are with their families.

USCIB Provides Industry Input to UN FAO Nutrition Action Plan

4816_image001Global hunger and malnutrition remain stubbornly high, with over two billion people suffering from nutrient deficiencies. To address worldwide undernourishment, the United Nations Food and Agriculture Organization (FAO) spearheaded the 1992 International Nutrition Conference aimed at alleviating hunger and malnutrition while encouraging countries to develop national strategies to address unhealthy diets, obesity and other nutrition-related diseases.

The Second International Nutrition Conference (ICN2) will take place this November, and in the lead-up to the conference the FAO released a draft of its Framework for Action, a 10-year plan of action meant to provide key priorities to governments and other stakeholders for improving people’s nutrition in a sustainable way.

USCIB has participated in the FAO consultation on the framework, and on Monday released comments responding to the framework’s language which will be the basis for adopting major policy guidelines and strategies and for developing and updating national plans of action and investments to improve nutrition.

“USCIB appreciates the opportunity to provide input to the FAO consultation and believes it is essential that all stakeholders work together to develop a global food system to further improve people’s nutrition in a sustainable way,” said Helen Medina, USCIB’s senior director of product policy and innovation.

However, USCIB identified several problems with the draft’s language, particularly clauses that either ignore or downplay industry’s contributions to alleviating malnutrition, no definitions about vague terms such as “nutrition justice” and “highly processed foods of minimal nutritional value,” a tone that implies that trade and investment is bad for developing countries, and a failure to recognize that self-regulation with regard to the food and beverage industry has been beneficial.

Acknowledge Industry’s Role in Addressing Global Malnutrition

USCIB found that the framework draft in general contained limited language that acknowledged the food industry’s importance and the need for multilateral organizations to engage industry as a full partner in deciding strategies and common goals for addressing malnutrition. Industry is also keen on underscoring the importance of employing “knowledge and evidence-based programs” to combat global hunger and nutrition-related diseases.

Define Vague Terms

USCIB noted that the phrase “nutrition justice” isn’t defined and that the boundaries of the concept are unclear. USCIB recommends removing the term and instead focus the document on the action steps required to achieve explicit nutrition targets. The same critique was made of the term “highly processed foods of minimal nutritional value.” Medina wrote “The lack of either a definition or an evidence base linked to those definitions, should dictate that this statement is not appropriate for inclusion in the WHO/FAO Framework For Action document.”

Similarly, USCIB took issue with the framework’s priority actions for nutrition governance, arguing that there is a lack of clarity “as to how all these platforms, mechanisms, processes and reporting relate to similar activities either in place or proposed by WHO and the UN” and that “There appears to be significant potential for redundant, duplicative and overly burdensome processes that could present significant obstacles to achieving real progress.” USCIB noted that the framework should spell out what the roles and responsibilities among the various multi-lateral organizations involved in addressing global malnutrition.

Be Wary of Tax Incentives

Because fiscal policy is complex and often has unintended consequences, USCIB expressed caution with regard to plans to use taxes as incentives for healthy diets. USCIB argued tax rates should be kept low on food, especially for low-income individuals who spend a larger portion of their paycheck on food.

International Trade and Investment Isn’t Bad

Regarding the framework’s language on trade and investment in agriculture, Medina wrote, “There appears to be a presumption underlying this section that the impact of trade and investment is primarily negative, despite the fact that no evidence is offered to support this presumption and despite significant evidence to the contrary, including FAO and WTO reports, indicating that increased trade, particularly in agriculture and food, increases the standard of living in developing countries and improves the performance of national economies.  This section continues this presumption with respect to trade and nutrition specifically, not by providing any evidence of harm, but by implication simply constructing each proposition in the negative.  Without any science or evidence basis, this entire section should be reconsidered.”

Support Nutrition Education and the Role of Women

USCIB agrees with the framework that nutrition education is key to addressing global malnutrition, and that all stakeholders must work together to effectively educate consumers through labeling and nutrition programs on food.

USCIB also agrees that empowering women is crucial for improving nutrition, and therefore promotes policies that help women become farmers, traders and business owners.

“The private sector believes it is essential that all stakeholders work together to develop holistic, impactful and sustainable solutions,” said Medina. “We are committed to public-private partnerships that support public health strategies.”

Staff contact: Helen Medina

More on USCIB’s Food and Agriculture Committee

More on USCIB’s Product Policy Working Group

Trade Facilitation in Asia

Kristin Isabelli (far right) moderated a workshop on chokepoint 8 titled “Lack of Regional Cross-Border Customs-Transit Arrangements.”
Kristin Isabelli (far right) moderated a workshop on chokepoint 8 titled “Lack of Regional Cross-Border Customs-Transit Arrangements.”

Government and private-sector representatives convened in Beijing for the Asia Pacific Economic Cooperation (APEC) Senior Officials’ Meetings throughout August to discuss how to support sustainable economic growth and prosperity in the Asia-Pacific region.

USCIB participated in a number of meetings regarding customs matters. Kristin Isabelli, director of Customs and Trade Facilitation, moderated a workshop on chokepoint 8 and the private sector’s vision on the benefits of implementing proposed guidelines that would streamline cross-border trade among APEC economies. USCIB also participated in meetings that allowed business to weigh in on APEC chemicals regulation.

Chokepoint 8 addresses the lack of the lack of regional, cross-border customs transit arrangements between third party non-APEC countries. When goods transit through third party countries as they travel from one APEC country to another, there is currently no way to track the goods. Each country requires different documentation for the goods in transit, which makes moving goods more time-consuming and expensive for business. The goal of the proposed chokepoint 8 guidelines is to streamline and harmonize the required documentation, promote harmonized border transit agreements among economies and eliminate the need to undergo customs for cross border customs transit.

Isabelli’s panel addressed the lack of transit arrangements and customs harmonization in the APEC region and allowed the private sector to discuss some of the infrastructural, logistic, technological and capacity-building issues that hamper the smooth flow of goods and services between APEC economies. Businesses support the establishment of regional cross-border transit arrangements that would slash red tape at customs, enhancing efficiency throughout the supply chain and facilitating trade and economic growth. Securing such agreements requires the collaboration of all APEC economies.

This year’s third APEC Senior Officials Meetings also marked the first meeting of the customs public private sector virtual working group, of which Isabelli is the private sector co-chair. The meeting convened members of the business community, including Ralph Carter (FedEx), and customs officials to discuss a list of priorities that would complement the work of the APEC Subcommittee on Customs Procedures (SCCP), including e-commerce, single window – a system whereby traders can submit regulatory documents to a single location –and trusted trader programs. The subcommittee’s objectives are to simplify and harmonize regional customs procedures to ensure that goods and services move efficiently and safely through the region.

Staff contact: Kristin Isabelli

More on USCIB’s Customs and Trade Facilitation Committee

More on USCIB’s APEC Working Group

Investment in Africa: A Positive Shift in US Policy

By Shaun Donnelly

Recent White House and Cabinet-level speeches, press releases, and fact sheets, appear to show what may be a subtle shift in the Obama Administration’s high-level rhetoric on U.S. investment abroad, at least when it comes to investing in Africa. While the administration has become a strong advocate for inward Foreign Direct Investment (FDI), seeking foreign companies to invest in the U.S. economy, it has heretofore been noticeably hesitant to say anything positive about outbound investment by U.S. companies, at times promulgating the negative effects of outbound FDI on the U.S. economy by equating it to “outsourcing” and “exporting U.S. jobs.” But last week, in the context of the impressive U.S- Africa Leaders Summit, we’ve noticed some very positive language in support of investment in Africa, coming from the very top of the administration.

Senior U.S. officials have spoken loudly, explicitly, and very positively of international investment and have also enthusiastically endorsed broader terms like “partnerships,” “doing business,” “two-way trade,” and “building long-term business relationships,” reflecting a far broader policy approach than the exports-only approach we’ve seen earlier. Words matter; and these new words are very welcome.

The following pro-investment comments are a sample extracted from high-level speeches, statements, and fact sheets surrounding the U.S. Africa Leaders Summit:

President Obama arrives on stage at the U.S. Africa Leaders Summit. Official White House Photo by Pete Souza
President Obama arrives on stage at the U.S. Africa Leaders Summit. Official White House Photo by Pete Souza

President Barack Obama:

“… I’m proud that American exports to Africa have grown to record levels, supporting jobs in Africa and the United States, including a quarter of a million good American jobs.”

  • “Today, we’re announcing $7 billion in new financing to promote American exports to Africa. Earlier today, I signed an executive order to create a new President’s advisory council of business leaders to help make sure we’re doing everything we can to help you do business in Africa.”

“…[T]he United States is making a major long-term investment in Africa’s progress. And taken together, the new commitments I’ve described today –across our government and by our many partners – total some $33 billion. And that will support development across Africa and jobs here in the United States.

“…[O]ne of the things that I hope happens with U.S. companies is that they’re constantly looking for opportunities to partner with young entrepreneurs, startups, and not just always going to the same well-established businesses.”

State Department Image
State Department Image

Secretary of State John Kerry:

“[Secretary of Commerce Pritzker] … understands that the investments in Africa are a two-way street, and when we help nations stand on their own two feet, we create opportunity elsewhere in the world, and that everybody benefits as a result of that.” Full speech here.

“ … AGOA has made it possible for Ford Motor Company to export engines duty-free from South Africa, where Ford has invested over $300 million so they can supply engines worldwide. And the efficiencies of that operation have allowed Ford to create 800 new jobs at their Kansas City plant as part of the global production line… We want and we will work hard to get more American companies to invest in Africa. We also want more African companies to invest here in the United States, and there’s no reason that they shouldn’t. The fact is, today, Africa is increasingly a destination for American investment and tourism, and African institutions are increasingly leading efforts to solve African problems. All of this underscores that dramatic transformation is possible, and it’s possible in the next few years. Prosperity can actually replace poverty, and cooperation can actually triumph over conflict.” Full remarks here.

Department Of Commerce Photo
Department Of Commerce Photo

Secretary of Commerce Penny Pritzker:

“Today, on both sides of the Atlantic, there is a clear, mutual desire to deepen our ties of trade and investment – because doing so will spur growth across the United States and the countries of Africa.”

“Investing in Africa will create jobs in Charlotte, North Carolina, and expand the power supply in Ghana – because of the $175 million deal signed by SEWW Energy to upgrade Accra’s electricity grid… will support workers in California and strengthen the health of patients in Nigeria – because of the MOU signed by the Environmental Chemical Corporation to construct a state-of-the-art cancer institute in Ibadan… [and] will spur job growth in Cincinnati through P&G’s $300 million investment in a new manufacturing plant near Lagos – because when P&G expands in Nigeria and elsewhere, it supports thousands of jobs at home.”

The bottom line is that we at USCIB have seen a lot to like in the U.S. Africa Leaders Summit, and welcome the Administration’s comments on and commitment to promoting the comprehensive U.S.- African economic relationship, including but not limited to foreign investment flows in both directions. We specifically welcome the conceptual framework reflected in administration leaders’ comments throughout the conference that FDI in Africa by U.S. companies is an important part of the answer and is good for the U.S. economy, for U.S. competitiveness, growth and jobs. We are also encouraged that U.S. business leaders, including from several leading USCIB member companies, have been included so prominently in summit events. It is our hope that this fundamental pro-FDI sentiment will be reflected across the board in U.S. policies, programs and negotiations across Africa as well as around the world.

USCIB also welcomes the following new actions and expansions of existing efforts that support the president and secretaries’ words cited above:

  • The Doing Business in Africa Campaign
    • Through the Doing Business in Africa (DBIA) Campaign, the U.S. government is strengthening its commercial relationship with the continent of Africa, a diverse region that offers substantial trade and investment opportunities across national and regional market.
    • At the U.S.-Africa Business Forum, President Obama announced $7 billion in new financing to promote U.S. exports to and investments in Africa under the DBIA Campaign.
  • An Executive Order to Create a President’s Advisory Council on Doing Business in Africa
    • The Executive Order directs the Secretary of Commerce to establish a President’s Advisory Council on Doing Business in Africa comprised of 15 members from the private sector, including small business. The Advisory Council will provide information, analysis, and recommendations to the President through the Secretary of Commerce, including on developing strategies for creating jobs in the United States and Africa through trade and investment; developing strategies by which the U.S. private sector can identify and take advantage of trade and investment opportunities in Africa; and building lasting commercial partnerships between the U.S. and African private sectors.
  • New U.S. Government Resources to Support U.S. Exports and Investment in Africa Interagency Initiatives
    • Interagency Efforts
      • The Principals of the Export-Import Bank of the United States, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the U.S. Agency for International Development, and the U.S. Trade and Development Agency will mobilize private capital for Africa’s infrastructure through a series of at least three outcome-oriented roundtables in Africa that will advance project- and sector-specific investment opportunities and needed regulatory reforms. These agencies will implement the initiative in coordination with DBIA Campaign agencies, African governments, and the U.S. and African private sectors.
      • The U.S. Department of Commerce and USTDA launched the 20×20 Initiative to support a total of 20 trade and reverse trade missions by 2020, to promote U.S. industry engagement in Africa. Working with federal, state, and local government partners, these missions will foster U.S. business partnerships with key African stakeholders.
      • The Small Business Administration (SBA) and Ex-Im Bank will collectively support 50 DBIA Campaign-themed activities and outreach sessions over the next two years to facilitate U.S. trade finance, provide counseling and training on their programs, and conduct business development to support U.S. exporters, particularly small- and medium-sized enterprises
    • Overseas Private Investment Corporation
      • OPIC will commit up to $1 billion in financing and insurance support to catalyze private sector investments in Africa. This is in addition to OPIC’s existing $1.5 billion Power Africa commitment. OPIC reaffirmed its plan to place personnel on the ground in sub-Saharan Africa to help facilitate increased U.S. trade and investment and will support an investment mission to the region, with a focus on the power sector
    • United States Agency for International Development
      • USAID will upgrade its existing African Trade Hubs into “U.S.-African Trade and Investment Hubs” that will now create new opportunities for U.S. investment in and exports to Africa. These hubs are located in Accra, Ghana, Nairobi, Kenya, and Gaborone, Botswana, and cover the West Africa, East Africa, and Southern Africa regions, respectively.

Staff contacts: Shaun Donnelly and Eva Hampl

More on USCIB’s Trade and Investment Committee

Chemicals Regulation Top-of-Mind at APEC Senior Officials Meeting

LR: Hitoshi Nanimoto (Japan), Dusanka Sabic (Australia), Andy Liu (DuPont), Erica Logan (ITIC), Sophia Danenburg (Boeing)
LR: Hitoshi Nanimoto (Japan), Dusanka Sabic (Australia), Andy Liu (DuPont), Erica Logan (ITIC), Sophia Danenburg (Boeing)

The chemicals trade cuts across multiple industries and contributes to the production of thousands of different products, from pharmaceuticals to computer microchips. Central to the modern economy, chemicals and products they are used in are traded widely across borders. And because they add value to so many different consumer goods, chemicals are a staple economic building block for the member countries of the Asia Pacific Economic Cooperation (APEC) forum.

The regulation of chemicals trade was top-of-mind during this year’s third APEC Senior Officials Meeting (SOM III) hosted in China, where government regulators met with industry representatives and other stakeholders to discuss opportunities and challenges in the chemicals industry.

Helen Medina, USCIB’s senior director of product policy and innovation, attended SOM III along with a number of member company executives. The meetings took place under the auspices of the APEC Chemical Dialogue, a forum for regulatory officials and industry representatives seeking to advance regulatory dialogue on chemicals trade and achieve environmental protection while minimizing costs to business.

During an industry “pre-meeting,” private-sector representative from the APEC region met to discuss business priorities on chemicals regulation. Of concern to industry included ongoing issues related to EU REACH, such matters related to polymers and the criteria for identifying endocrine disruptors. The APEC region is also increasingly a concern for industry given all the changes in the chemical management systems in China, Korea and Chinese Taipei. Industry is concerned about Confidential Business Information (CBI), and is keen on protecting trade secrets. Business supports striking the right balance between health safety and the protection of intellectual property rights, and to that end industry is backing the implementation of the 2008 Best Practice Principles on chemicals regulation in the APEC economies.

USCIB also convened an industry meeting with officials from the U.S. State Department and USTR. The meeting provided an opportunity for business to show that a wide range of industry sectors are involved in the APEC Chemical Dialogue – companies represented at the meeting included DuPont, American Petroleum Institute, Boeing, the Information Technology Industry Council, the American Chemistry Council, the Nickel Institute and others. The meeting also gave industry a chance to discuss priority issues such as regulatory cooperation and CBI. Industry also noted that chemical regulations shouldn’t disrupt the availability of certain irreplaceable chemicals needed for specialized industries.

Joint Meeting of APEC Regulators’ Forum and OECD New Chemicals Clearing House

USCIB’s Medina also participated in the joint meeting of the APEC Regulators’ Forum with the OECD Clearing House on New Chemicals, which brings together officials from the U.S., Canada and Australia and industry representatives to craft ways to reduce the costs on business associated with new chemical notification reviews while ensuring a high quality of health and safety decisions for new chemicals.

APEC economies provided updates on their chemical management systems, with OECD countries sharing best practices to help developing countries build up their chemical management systems. For example, New Zealand developed a toolbox to help small businesses deal with hazardous substances, and the United States spoke about Environmentally Preferable Purchasing, a program that allows the federal government to buy green products, stimulating market demand for environmentally friendly products and services. The OECD also presented its work on a toolbox that supports the evaluation of alternatives when safer chemical substitutes are sought.

The Regulators’ Forum gives business the opportunity to obtain an overview of the chemical management systems in the APEC economies and how planned changes could impact business. It also gives industry a chance to interact with regulators, as well as learn about what chemicals programs advanced economies are promoting.

Serving as a place where governments can share information about new chemicals going to market, the Clearing House is beneficial to business because companies don’t have to regenerate information about new chemicals. Instead, companies go to one place – the OECD Clearing House – for chemicals evaluation, and then put those chemicals on the market in different countries.

The Clearing House is actively working to include more participants from non-OECD countries in its activities. Since many APEC economies are in the process of updating or creating new chemical management systems, APEC regulators have much to gain from discussions with the OECD Clearing House.

“Our hope is that both APEC economies and industry see the value of the OECD Clearing House on New Chemicals,” Medina said.

Workshop Advances Best Practices on Chemicals Regulation

On Tuesday USCIB’s Medina attended the APEC Chemical Dialogue Regulatory Cooperation Workshop. The purpose of the workshop is to advance the implementation of the 2008 Principles for Best Practice Chemical Regulation and to contribute to APEC’s ongoing efforts to promote regulatory cooperation. USCIB members featured prominently on the agenda and were able to communicate their specific perspectives on why regulatory cooperation is important.

Andy Liu of DuPont gave one industry’s view on the importance of having risk based decision making practices. “We believe risk-based assessments and oversight of chemicals most effectively protect the public and the environment,” said Liu. “Proportionality of oversight and efficient use of available resources by screening, prioritizing, and only generating data that are necessary for decision-making can help stakeholders to minimize risk of chemicals and allow investment in innovations necessary for a brighter future.”

Liu also highlighted the importance of protecting confidential business information so that companies can continue to innovate and bring sustainable solutions to society. While implementing the Globally Harmonized hazards classification and labeling systems in a more consistent manner would lessen the costs to the business.

Participants also heard from Erica Logan, ITIC whose main message was that the electronics industry is leveraging an internationally recognized International Electrotechnical Commission standard to manage relevant Chemicals in Products information throughout the supply chain. “We encourage governments to recognize the value of such standardized approaches for managing chemical information and risk,” said Logan.

Sophia Danenberg of Boeing gave another downstream users perspective. She noted that chemical management systems do impact the aerospace industry and that regulators should consider how chemical regulations impact the availability of high specialized chemicals for use in the aerospace industry.

On a related note, Don Wilke, P&G, talked about principles for substance evaluation and the benefits for having a regulatory framework that allows or encourages the use of analogues and other surrogate data in chemical assessments. Use of analogues reduces animal use, costs and can provide for higher tier information sooner.

“The appropriate use of chemical analogues and read-across information can significantly reduce the unnecessary use of animals in safety testing as well as reduce the costs and the time required for testing,” said Wilke. “This is in line with the Chemical Dialogue Best Practice Principles of efficiency, flexibility and science-based decision making.”

More information about the workshop and its conclusions are forthcoming.

Staff contact: Helen Medina

More on USCIB’s APEC Working Group

More on USCIB’s Product Policy Working Group

ICC Helps APEC Streamline Ad Standards

BeijingGovernments and business representatives from the Asia Pacific Economic Cooperation (APEC) economies convened to discuss self-regulatory best practices in the advertising industry at the APEC Advertising Standards Forum and Mentoring Workshop in Beijing last week.

The workshop focused on best practice advertising regulation with a view to aligning advertising standards across APEC markets, reducing barriers to trade from diverse regulations and promoting quality standards. The event was hosted by the Chinese Association of National Advertisers and the Australian Advertising Standards Bureau.

The workshop built upon the insights of a recent APEC Policy Support Unit study, which noted the use of the Consolidated International Chamber of Commerce (ICC) Code of Advertising and Marketing Communications Practice as the globally accepted best practice principles.

The ICC Code, developed by the ICC Commission on Marketing and Advertising, is the gold standard for most nationally applied self-regulation around the world. It offers a globally consistent baseline for economies developing advertising principles while also providing flexibility for local laws and culture to be reflected in a local code.

The APEC workshop, coming on the heels of the successful launch and advocacy event of the first Mandarin translation of the ICC Code, also provided an occasion to announce the creation of a local Commission on Marketing and Advertising by ICC China. This ICC Commission will work with industry and other key stakeholders to help advocate the benefits of advertising self-regulation and ensure local input is given into the global Commission that writes and revises the ICC Code.

More at ICC’s website.

USCIB is ICC”s American affiliate.

Staff contact: Jonathan Huneke

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Salvaging the WTO Trade Facilitation Agreement

World Trade OrganizationBy Rob Mulligan

On July 31, India blocked the implementation of the Trade Facilitation Agreement (TFA) approved by all the members of the World Trade Organization (WTO) last December, effectively preventing a deal that would have cut red tape at air- and seaports, created 21 million jobs and added $1 trillion to the global economy over the course of a decade.

USCIB advocated vigorously for the agreement’s adoption and implementation, helping to form a business coalition dedicated to moving the deal forward, and participating in a social media campaign led by the International Chamber of Commerce (ICC) to #savetheTFA.

Despite the global business community’s appeals, India’s action meant that WTO members failed to reach an agreement by the July 31 implementation deadline, sapping confidence in the WTO as a forum for multilateral negotiations and undermining the organization’s credibility as a monitor of international trade policies. Shortly before members missed the deadline, WTO Director General Roberto Azevedo noted “if the system fails to function properly, then the smallest nations will be the biggest losers.”

India actually stood to benefit handsomely from the TFA, with research suggesting that the agreement’s implementation would have added $21 billion to India’s economy by 2020. New Delhi blocked the deal and held it hostage because it sought to renegotiate multilateral rules that would exempt Indian food security subsidies from WTO review. But by delaying the TFA’s implementation, it will now be more difficult to address broader multilateral trade negotiations, including food security subsidies.

All is not lost, however, and it is worth noting that there are options to get countries back to the negotiating table. For example, the Peterson Institute’s Jeffrey F. Schott and Gary Clyde Hufbauer have published an article in which they put forward a number of ideas to salvage the TFA. Schott and Hufbauer are the authors of an earlier study that estimated the payoff from the TFA would amount to $1 trillion to global GDP over time. They argue that if obstructionist countries do not relent, the next best alternative would be a plurilateral TFA, binding only those member countries who sign on to the deal.

There is a window of opportunity to salvage the TFA and the WTO multilateral system when trade ambassadors return to Geneva in September. In the lead-up to these negotiations, USCIB will be reviewing the Peterson study and other analyses, and working with the United States government, ICC and other members of our global network to get the TFA talks back on track as soon as possible. USCIB is also organizing a forum for discussing the TFA and other trade issues at our October 30 conference: Exploring New Approaches to Trade, Investment and Jobs.

Rob Mulligan is senior vice president of policy and government affairs at the United States Council for International Business.

Staff contact: Rob Mulligan

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