USCIB Taxation Update

USCIB’s Taxation Committee has undertaken a number of recent initiatives to advance our overarching objective of enhancing U.S. competitiveness by promoting sound, appropriate, and consistent international tax policy at home and abroad.

USCIB’s working groups on the transfer pricing of intangibles finalized an initial paper on the definition of intangible property and submitted it to the OECD and the U.S. Treasury.  The OECD’s Center for Tax Policy and Administration, Working Party 6, will hold a meeting, attended by USCIB and other business representatives, to consider issues relating to the definition of intangibles in November.  The appropriate treatment of income from intangible property is critical to global companies, making this project perhaps the most important on our tax agenda at the moment.

Carol Doran Klein, USCIB’s vice president for tax policy, attended the September 19 meeting of the Transfer Pricing Subgroup of the OECD Task Force on Tax and Development.  The meeting focused on implementation strategies for capacity-building for developing countries, in particular what kind of assistance is necessary and how that assistance can best be provided.  Helping developing countries effectively implement the arm’s-length standard is important if business is going to discourage countries from moving to formulary apportionment.  Business representatives volunteered to assemble a database of experts willing to provide assistance, along with their areas of expertise and special skills (including language capabilities).

More on USCIB’s Taxation Committee

Business Calls for Fresh G20 Commitment on Jobs Especially for the Young

Employment

Working through two of USCIB’s affiliates – the International Organization of Employers (IOE) and the Business and Industry Advisory Committee to the OECD (BIAC) – global business called on the G20 to make a fresh commitment to maintaining and creating jobs, following forecasts of renewed economic uncertainty and slow global growth.

At this week’s G20 labor ministerial in Paris, IOE Executive Vice President Daniel Funes de Rioja of Argentina stressed the need for strong, sustainable and balanced growth, underpinned by measures that will restore business confidence to take risks, invest and generate job opportunities.

American business representatives at the ministerial included BIAC Chairman Charles Heeter, principal with Deloitte LLP and a member of USCIB’s board, and USCIB Executive Vice President Ronnie Goldberg, who serves as a regional vice president of the IOE and chairs BIAC’s Employment, Labor and Social Affairs Committee.

Advocating concrete measures to address the worsening global jobs outlook, employers recommended improving the quality of business regulation, and a closer focus on labor markets, in the context of reduced government capacity for direct stimulatory expenditure.

Mr. Funes de Rioja particularly highlighted the need for youth employment, employability, skills and education to be recognized as top priorities for the G20, along with economic and financial reforms.  Read more on the IOE website.

BIAC called for strong action by G20 governments to avoid the devastating effects a “double-dip” global recession would have on employment.

“Without decisive action, we risk prolonging record levels of long-term unemployment and having millions more young people enter adulthood without the prospect of meaningful work,” stated Mr. Heeter. “This would be tragic for the individuals involved, their families and our societies.”

BIAC urged governments to prioritize action to restore investor and consumer confidence by delivering clear and pragmatic national, regional and global strategies for growth and job creation. “The way out of the crisis will come from the private sector growth. Governments must focus on creating a better business environment to restore investor confidence,” Mr. Heeter said.  Read more on BIAC’s website.

More on USCIB’s Labor and Employment Committee

At Internet Governance Forum, Business Calls for Fair and Open Approach

IGF-KenyaAt the opening of the UN Internet Governance Forum in Nairobi, global business representatives said technologies and services such as cloud computing, social media and mobile Internet have created a fresh new set of policy challenges – which can only be effectively addressed if all relevant stakeholders work together on an equal footing.

This was the key message delivered at the opening of IGF Kenya by Subramanian Ramadorai, vice chairman of Tata Consultancy Services, who chairs Business Action to Support the Information Society (BASIS), an initiative of USCIB’s affiliate the International Chamber of Commerce.

Heather Shaw, USCIB’s vice president for ICT policy, is joining a number of USCIB members in attending the Internet Governance Forum, which concludes September 30.

Addressing over 1,700 business leaders, government officials, technical experts, academics and civil society representatives, Mr. Ramadorai said: “The explosion of social media, adoption of cloud services and proliferation of mobile devices and smartphones has transformed the Internet governance landscape and created a fresh set of policy challenges that threaten to counteract the benefits delivered by these exciting new technologies. It is vital we continue to work together to make the right governance choices that help to develop the Internet in a way that doesn’t diminish its open spirit.”

Earlier, addressing over 100 ministers and delegates at the Kenyan-ITU Ministerial forum, ICC Secretary General Jean-Guy Carrier noted that innovations, investments and economic growth will only occur in partnerships where fair and open approaches to Internet governance are sought.

“Private sector investment and innovation plays an important role in driving such development and growth,” he said.  “We recognize that governments are critical allies and investors, and IGOs – including development activities supported by UNDP, development banks and others – create opportunities for advancing the development of businesses and entrepreneurship, through public/private partnerships.”

More on USCIB’s Information, Communications and Technology Committee

Business Applauds UN High-Level Meeting on Non-Communicable Diseases

4161_image002USCIB and its affiliate the International Chamber of Commerce (ICC) said the world business community strongly supports the outcome of the United Nations High-Level Meeting on Non-Communicable Diseases, which took place September 19-20 in New York.

USCIB and ICC representatives said businesses have an interest in curbing non-communicable diseases for a variety of reasons, including having productive employees, providing products, medicines, services, and technical support to manage NCDs, and sustaining a beneficial long-term relationship within the communities where they operate.

“Business understands that NCDs are a societal matter, and therefore require whole-of-society and whole-of-government solutions,” said Louise Kantrow, ICC’s permanent representative to the United Nations.  “All companies have an interest in ensuring they have a healthy and resilient workforce, and we welcome the UN’s work on this issue and look forward to taking an active part in continuing the fight against NCDs.”

Industry has taken concrete actions to combat NCDs that include global public commitments to address food reformulation, consumer information, responsible marketing, promotion of healthier lifestyles, and public-private partnerships.  In fact, cooperative relationships with industry have already led to many favorable outcomes related to diet and physical activity.

There are ongoing initiatives by the food industry to reduce the fat, sugar, and salt content of processed foods and portion sizes, to increase introduction of innovative, healthier and nutritious choices.  Industry is also partnering with governments and nongovernmental organizations to encourage more active, healthier lifestyles, including working to reduce alcohol abuse, which have contributed to health gains worldwide.

USCIB President and CEO Peter M. Robinson said the global business community welcomed the outcomes of the UN High-Level Meeting on Non-Communicable Diseases as well as future engagement with the United Nations on this important societal issue.  “A multi-stakeholder approach is clearly needed to effectively curb NCDs,” he said.  “The private sector will continue to play its role, and we look forward to working closely with governments and other actors in this effort.”

To read the declaration from the High-Level Meeting on NCDs, click here.

More on USCIB’s Health Care Working Group

USCIB Welcomes Senate Passage of GSPTAA/Bill

New York, N.Y., September 23, 2011– Peter M. Robinson, president and CEO of the United States Council for International Business, issued the following statement regarding the Senate’s passage of the trade bill renewing the Generalized System of Preferences and Trade Adjustment Assistance:

“USCIB applauds the Senate’s passage of the GSP/TAA bill and is encouraged by bipartisan support for the measure.  We urge the House to act quickly on this legislation and the White House to move forward with submitting the Korea, Colombia and Panama Free Trade Agreements to Congress.  It is essential to the American business community that all necessary action on these trade bills is completed as soon as possible, to ensure that our companies can continue to compete and create jobs through expanded market access.”

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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.

Business Leaders Meet in Hong Kong to Rethink Global Recovery

The ICC G20 Advisory Group, an initiative of USCIB’s affiliate the International Chamber of Commerce, today consulted with the CEOs of leading regional companies to deliver business input on economic growth and job creation to G20 leaders.

The roundtable in Hong Kong was hosted by ICC Honorary Chairman Victor K. Fung, chairman of the Li & Fung group of companies. Outcomes of the discussions will form a basis for business views being brought to the G20 Summit, November 3-4 in Cannes, France.

“Recent events have shown the fragility of economic recovery and highlighted the need for forward-looking measures to support trade, global economic cooperation and job creation,” said Mr. Fung.  “Our focus on jobs is deliberate: every major economy is facing serious challenges in this area, whether due to fiscal concerns, demographic change, or social integration.”

Read more on ICC’s website.

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USCIB Customs Update

USCIB’s Customs and Trade Facilitation Committee had a busy month of August, undertaking a number of actions in support of our goals of reducing trade barriers and transaction costs arising from customs and border control practices, and promoting global convergence and modernization of customs practices.  Here are some of the highlights.

USCIB President and CEO Peter Robinson sent a letter to Dan Restrepo, senior director for Western Hemisphere affairs on the National Security Council, expressing USCIB’s support for the February 4, 2011, declaration made by President Obama and Canadian Prime Minister Stephen Harper on perimeter security and economic competitiveness between the United States and Canada.  USCIB expressed support for the broader agenda of the Beyond the Border Working Group, but emphasized our support for the harmonization of the U.S. and Canadian trusted trader programs, the Customs Trade Partnership Against Terrorism (C-TPAT) and Partners in Protection, through the creation of a mutual recognition agreement.

Also in August, Mr. Robinson wrote to CBP Acting Assistant Commissioner Charlie Stallworth voicing USCIB’s concerns regarding the ongoing work at the World Customs Organization (WCO) related to establishing pre-departure cutoff times in the SAFE Framework of Standards for advance information on air cargo.  The WCO’s work came in response to a European Commission proposal to establish a four-hour prior to departure deadline for reporting advance information to customs authorities for air cargo shipments.  Mr. Robinson urged that imposing such a requirement would undercut the express industry’s economic model, which is driven by just-in-time deliveries of critical and high-value shipments, and expressed concern over conflicting approaches to air cargo security being taken by different customs authorities.

More on USCIB’s Customs and Trade Facilitation Committee

SWIFT and ICC Collaborate on Enhanced Rules and Tools for Trade Finance

Declaration of Cooperation paves way for market acceptance of the Bank Payment Obligation instrument

New York, N.Y., September 21, 2011 – SWIFT, the financial messaging provider for more than 9,700 financial institutions and corporations in 209 countries, and the Banking Commission of the International Chamber of Commerce (ICC) have signed a Declaration of Cooperation that will enable industry-wide adoption of the Bank Payment Obligation (BPO), according to ICC’s American national committee, the United States Council for International Business (USCIB).

The ICC Banking Commission is a global rule-making body for the banking industry and a worldwide forum of trade finance experts whose common goal is to facilitate international trade finance.

The BPO will offer an alternative means of settlement in international trade and will provide the benefits of a letter of credit in an automated environment. It enables banks to offer flexible risk mitigation and financing services across the supply chain to their corporate customers.

Both ICC and SWIFT believe that by working together and leveraging their respective positions across the trade finance community, the BPO will have an important role to play in the development of international trade by addressing cost pressures in the face of increased automation and changes in the regulatory environment.

“Trade finance is a critical banking service supporting the world economy,” said Kah Chye Tan, chair of the ICC Banking Commission and global head of trade and working capital with Barclays.  “It is vital that the industry aligns on enhanced rules and tools in support of trading counterparties whether large or small. The ICC Banking Commission views the development of the BPO rules and the related ISO 20022 messaging standards as strong foundations for banks to provide modern risk and financing services aligned with today’s technology evolution.”

Michael Quinn, chair of USCIB’s Banking Committee and managing director at JP Morgan Global Trade Services, elaborated: “The Bank Payment Obligation will facilitate significant operating process improvement for corporations involved in Trade Finance while preserving the risk mitigation attributes of the traditional letter of credit.  The ICC-SWIFT work on BPO rules and standards leverages the  expertise of the respective organizations to help broaden the availability of trade finance for bank customers, an important driver of economic growth at a time when it’s vitally needed both here in the U.S. and abroad.”

Industry forecasts indicate that merchandise exports will reach $33 trillion (U.S.) by 2020, from $6 trillion in 2000, explained Gottfried Leibbrandt, head of marketing at SWIFT.  “ICC and SWIFT are best positioned to help the banking industry facilitate further growth of trade using innovative solutions,” he said.  “SWIFT is committed to helping its member banks deliver innovation in trade finance to the corporate world.”

The declaration, signed at Sibos in Toronto, confirms the framework for collaboration between SWIFT and ICC to publish and maintain a set of contractual rules that will establish uniformity of practice in the market adoption of the Bank Payment Obligation (BPO) and the related ISO 20022 messaging standards.

 

About the ICC Banking Commission

The ICC Banking Commission is a leading global rule-making body for the banking industry, producing universally accepted rules and guidelines for international banking practice, notably letters of credit, demand guarantees and bank-to-bank reimbursement. ICC rules on documentary credits, UCP 600, are the most successful privately drafted rules for trade ever developed and are estimated to be the basis of trade transactions involving more than one trillion dollars a year. The Banking Commission is equally a worldwide forum of trade finance experts whose common aim is to facilitate international trade finance across the world. With over 500 institutional members in 85 countries, many of them emerging, the Banking Commission is one of the largest ICC Commissions.

About SWIFT

SWIFT is a member-owned cooperative that provides the communications platform, products and services to connect more than 9,700 banking organizations, securities institutions and corporate customers in 209 countries. SWIFT enables its users to exchange automated, standardized financial information securely and reliably, thereby lowering costs, reducing operational risk and eliminating operational inefficiencies. SWIFT also brings the financial community together to work collaboratively to shape market practice, define standards and debate issues of mutual interest.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 information is available at www.uscib.org.

More on USCIB’s Banking Committee

BASCAP Launches New Initiatives in the Fight Against Fakes

BASCAPSeveral years ago, in response to the growing threat to business from fake products, USCIB’s affiliate the International Chamber of Commerce launched BASCAP – Business Action to Stop Counterfeiting and Piracy, which seeks to connect all business sectors and cut across national borders in the fight against counterfeiting and piracy.  With senior-level representation from numerous affected companies, industries and countries, BASCAP’s efforts focus on raising awareness and working with governments, law enforcement and international organizations in a joint effort to combat global intellectual property theft.

During the most recent BASCAP steering committee meeting, September 15-16 in New York, BASCAP members discussed its new Pro-IP work stream, which concentrates on developing a strong set of materials to promote the positive aspects of IP protection and its relation to innovation, economic growth/development and employment.

One feature of the work stream is a new BASCAP-IP Blog, which will strengthen the body of public knowledge in the realm of IP protection and create an outlet for BASCAP pro-IP work, including existing products such as the BASCAP IP Powerhouse report and its economic studies. The blog is an online location for commenting on issues of the day and will replace the data-oriented BASCAP Digest, with editorial comment.

BASCAP is preparing a report debunking economic “IP fallacies” related to growth, R&D, employment, and FDI.   A number of interest groups have argued that counterfeiting and piracy are not associated with negative effects on society or the economy.  Among the key assertions put forward by these groups, some of which made their way into a recent paper by the UN’s World Intellectual Property Organization, are that counterfeiting and piracy create employment and provide income to workers, particularly in developing economies, and that counterfeiting and piracy provide competition for big business, spurring increased R&D spending and lower prices.

BASCAP also plans to add two annexes to its IP Guidelines for Business, which have thus far been launched in six languages.  The first annex will address government use of software, with the goal of ensuring that governments take action to prevent IPR infringements in their computer systems.   The second annex will focus on government procurement, i.e., what happens when governments themselves purchase counterfeit products in several sectors – transportation, medicines and medical supplies, electronics, software, and military and security supplies.

The steering committee also reviewed a scoping paper to address how IP-based businesses use various types of technical protection measures to deter counterfeiting and piracy, how these are or should be protected by regulation, and how the inherent limitations in such technologies militate against mandatory “one size fits all” solutions.

In the coming months, BASCAP plans to move forward with in-country initiatives in Turkey, Chile, Ukraine, Africa, China and India.  There are also several reports in the pipeline, including on free trade zones, digital piracy in the U.S., what to do with confiscated goods, and a study on the role of intermediaries in the supply chain.

More on USCIB’s Intellectual Property Committee

New Marketing Code Raises Consumer Protection Standards Around the World

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New York, N.Y., September 15, 2011 –New protection for Internet users – along with detailed standards for marketers selling to them – are highlighted in a newly revised code of global marketing practice from the International Chamber of Commerce (ICC), according to ICC’s American national committee, the United States Council for International Business (USCIB).

The Consolidated ICC Code of Advertising and Marketing Communications, launched today and made globally available online, serves as the foundation for national self-regulatory systems that monitor marketing practices and provide consumers with easy access to make complaints and redress problems.  The Code was unveiled in Buenos Aires at an international conference on responsible advertising, hosted by CONARED, the Latin American Association of Advertising Self-Regulatory Organizations.

“Our Consolidated Code is recognized as the gold standard for self-regulation,” said John Manfredi, chair of ICC’s Commission on Marketing and Advertising and CEO of Manloy Associates.  “This new Code expands the scope and reach of global efforts with rules that cover consumer rights and business’s responsibilities online.  It increases protection for children on the Internet and sets parameters for all advertising directed to them, and it adds safeguards for consumers’ privacy and personal information.”

Mr. Manfredi added that ICC, to make the Code accessible to everyone, has launched a website, www.codescentre.com, dedicated to self-regulation at all levels – global, national and regional.  “It will serve business people, regulators, self-regulators and academics as well as consumers,” he said.  “Its purpose is to build trust for self-regulation by setting high marketing standards.”

The Code sets out the do’s and don’ts on many topical and difficult marketing issues including:

  • Setting conditions and limits for online behavioral targeting of advertising (OBA), based on interest profiles created by tracking web browsing habits of consumers;
  • Establishing restrictions on products that may be marketed to children and information gathered from them;
  • Specifying guidelines for making responsible environmental marketing claims and creating sound food and beverage ads;
  • Setting standards for ethical behavior and transparency on digital communications for the new technology players, including mobile operators, search engines, application developers, information aggregators and data gatherers;
  • Protecting consumer privacy with clear guidance on consumers’ rights, including the right to know what information is acquired by a marketer and the standards for the collection, use and safeguarding of personal data when it is collected.

“The newly revised Code demonstrates industry’s continuing commitment to ethical marketing practice,” said Brent Sanders, associate general counsel with Microsoft Corporation and chair of USCIB’s Marketing and Advertising Committee.  “Some of the most interesting revisions to the Code for U.S. marketers include those that harmonize for the first time at the international level provisions about online behavioral advertising [OBA], requiring transparency and control for consumers for their online data.  This builds on pioneering OBA self-regulatory efforts here in the United States and expands them globally.  Enhancing consumer trust in advertising is vital to a competitive and innovative marketplace.”

Mr. Sanders is scheduled to review the key provisions of the Consolidated ICC Code of Advertising and Marketing Communications on October 3 in New York at the National Adverting Division’s annual conference.

About the International Chamber of Commerce

ICC is the world business organization, representing enterprises from all sectors in every part of the world. It promotes cross-border trade and investment and the multilateral trading system, and helps business meet the challenges and opportunities of globalization. Business leaders and experts drawn from ICC’s global membership establish the business stance on broad issues of trade and investment policy as well as on vital technical subjects. ICC enjoys a close working relationship with the United Nations and other intergovernmental organizations, including the World Trade Organization and the G20. ICC was founded in 1919. Today it groups hundreds of thousands of member companies and associations from 120 countries. For more information please visit: www.iccwbo.org

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top 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 information is available at www.uscib.org.

ICC’s codescentre.com website

More on USCIB’s Marketing and Advertising Committee