Top US Multinationals Urge Trade Authority Renewal

U.S. Trade Representative Susan Schwab spoke at the launch of the Trade for American campaign
U.S. Trade Representative Susan Schwab spoke at the launch of the Trade for American campaign

Washington, D.C., February 12, 2007 – The United States Council for International Business (USCIB), which represents hundreds of America’s top global companies, today urged renewal of trade negotiating authority, calling it essential for completion of the WTO’s Doha Round and a host of bilateral agreements.

The appeal came at the launch of a new campaign, Trade for America, at a National Press Club event featuring U.S. Trade Representative Susan Schwab.  The president’s existing trade authority, which provides for an up-or-down vote by Congress on trade agreements negotiated by the administration, with no amendments, will expire at the end of June unless Congress takes action to renew or extend it.

“Renewing trade negotiating authority is essential if we are to complete the Doha Round, and to secure bilateral trade agreements currently before Congress or in the works,” said USCIB President Peter M. Robinson. “The business and agricultural communities are united in this belief, and we will do everything we can to promote legislation that enables companies, workers and farmers to continue to benefit from expanded trade.”

Mr. Robinson said USCIB is rallying global business support for completing the Doha Round, where negotiations recently re-commenced after several months of stalemate.  USCIB serves as the American affiliate of the International Chamber of Commerce (ICC) and other leading global business groups.  Mr. Robinson noted that ICC Chairman Marcus Wallenberg of Sweden had met with senior government officials in the U.S., Europe, India and elsewhere in an effort to get the WTO talks back on track.

USCIB is a member of the steering committee of Trade for America, which represents a wide array of companies and associations from nearly every sector of the U.S. economy, united in their belief that renewal of trade negotiating authority is essential to ensure American competitiveness in the global economy.

Trade for America members welcomed recent statements by President Bush and leading members of Congress affirming the importance of renewing that authority.  For example,  Congressman Charles B. Rangel (D. – N.Y.) the incoming chairman of the House Ways and Means Committee, told a USCIB audience in December: “I want to see what compromises can be made so that we move forward, not as Democrats or Republicans, but as a Congress the nation can be proud of.  Where I am most optimistic is in the area of trade.”

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes some 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3 trillion.  As American affiliate of the leading international business and employers organizations, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

More on USCIB’s Trade and Investment Committee

USCIB press release: “Global Industry Groups Rally to Save Doha Round” (January 17, 2007)

Global Survey More Enforcement Needed to Curb Counterfeiting

New BASCAP study ranks top – and bottom – ten countries for I.P. rights protection

The first annual BASCAP Global Survey on Counterfeiting and Piracy provides a snapshot of country and business efforts to stop the theft of intellectual property.
The first annual BASCAP Global Survey on Counterfeiting and Piracy provides a snapshot of country and business efforts to stop the theft of intellectual property.

Geneva and New York, January 29, 2007 – Global companies say more government enforcement is what is needed most to win the fight against counterfeiting and piracy, according to a new survey unveiled today by the International Chamber of Commerce (ICC).

The first annual BASCAP Global Survey on Counterfeiting and Piracy was conducted by ICC’s Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative, in cooperation with the Cass Business School, part of City University, London.  The survey polled 48 companies, many of which operate globally, spanning 27 product categories.

The findings provide a snapshot of country and business efforts to stop the theft of intellectual property, which has become a substantial drain on business, and has led to the widespread loss of jobs and a massive reduction in tax revenues.

“Not only does unfair competition from counterfeiting and piracy worldwide drain billions annually from the ‘virtuous circle’ of economic growth that intellectual properly generates, but we are particularly concerned about the risks for consumers from unsafe counterfeit products,” said Peter Brabeck-Letmathe, chairman & CEO of Nestlé.  “We urge the assistance of governments to curb the proliferation of counterfeit products.”

ICC is the world business organization, the only representative body bringing the views of companies from every region and every sector to bear upon global policy matters.  The United States Council for International Business (USCIB), based in New York, serves as ICC’s American national committee.

Meeting today in Geneva under the umbrella of BASCAP, CEOs and senior corporate officials from four continents, including those from some of the world’s largest companies, discussed the survey results and announced a new plan to step up the fight against counterfeiting and piracy.

When asked which area would yield the best results in curbing counterfeiting and piracy – legislation, public education or increased enforcement – survey respondents rated enforcement much higher than the other options.

“The survey shows a lot more work needs to be done on enforcement, said ICC Secretary General Guy Sebban.  “We need to educate policymakers that greater investments in IP enforcement will translate into more jobs and tax revenues, and also help them in the fight against organized crime.”

The survey ranked the best- and worst-performing countries in addressing counterfeiting and piracy. Companies rated the U.S., U.K., Germany and France, respectively, as exemplary.  Also among the best performers, in descending order, were Japan, Switzerland, the Netherlands, Singapore and Australia.

On the other end of the spectrum, respondents named China and Russia, respectively, as the two worst-performing countries, followed by India, Brazil, Indonesia, Vietnam, Taiwan, Pakistan, Turkey and Ukraine.

“The mention of these bottom-performing countries shows the problem is indeed worldwide and requires a global solution, said Mr. Sebban.  “Focusing on one or two problem areas is simply not enough.”

American executives at the BASCAP meeting echoed this sentiment.  “This issue needs to be moved up on the agenda of every business leader, every trade organization and every policymaker,” according to Bob Wright, CEO of NBC Universal.  “At risk is every sector of our economy where creativity, innovation and invention drive the creation of economic value and of high-wage jobs.”

Regarding business strategies to rein in fake products, respondents said they spent over half their investment on anti-piracy technologies and product differentiation. “The investment of around 50 percent of R&D in technologies to thwart copying indicates that companies are working hard to stay a step ahead of the pirates,” Mr. Sebban said.

Future surveys will examine the I.P. regimes of top-performing countries to identify best practices, flag problem areas and track progress.  An index will rank country performance.

About BASCAP

Business Action to Stop Counterfeiting and Piracy (BASCAP) was established by ICC in 2005 to connect all business sectors and cut across all national borders in the fight against counterfeiting and piracy.  This global approach is designed to leverage individual company and organizational efforts and amplify business messages with national governments and intergovernmental organizations.  Through BASCAP, more than 150 companies and associations are now actively engaged in a set of projects designed to defeat the pirates and increase public and political awareness of the economic and social harm caused by this illegal activity.  More information is available at http://www.iccwbo.org/bascap/id1127/index.html.

About USCIB

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes some 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3 trillion.  As American affiliate of the leading international business and employers organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

Contacts:

Dawn Chardonnal, communications manager, ICC

+33 1 49 53 29 07, dcl@iccwbo.org

Amy Lehr, media relations coordinator, USCIB

+1 212 703 5063, alehr@uscib.org

 

BASCAP Global Survey on Counterfeiting and Piracy

BASCAP website

More on USCIB’s Intellectual Property Committee

In Davos, USCIB Chairman Unveils Clean Water Initiative

USCIB Chairman William J. Parrett of Deloitte (right) with Kurt Soderlund of the Safe Water Network.
USCIB Chairman William J. Parrett of Deloitte (right) with Kurt Soderlund of the Safe Water Network.

At this week’s World Economic Forum in Davos, Switzerland, USCIB Chairman William J. Parrett, chief executive officer of Deloitte Touche Tohmatsu, announced a joint project between his firm and the Safe Water Network to develop small-scale, community-based solutions to bring safe water to neglected populations.

The 12-month program will target several countries and regions – potentially including Bangladesh, China, India, Sub-Saharan Africa and Latin America – where distributed water purification technology solutions are expected to improve community access to clean drinking water.

Mr. Parrett and Kurt Soderlund, the Safe Water Network’s chief operating officer, said the objectives of the program for the next 12 months include:

  • Empowering local communities to improve their living conditions through the deployment of distributed water purification technology
  • Demonstrating alternative models to deploy water purification solutions, including micro-enterprise programs that establish local water entrepreneurs, and social investment programs such as supplying water purification to local health clinics
  • Developing plans that support broad scale deployment of solutions to materially improve the health and living conditions for the millions afflicted by water-borne illnesses.

“Many communities face severe water shortages that hinder their development,” Mr. Parrett said.  “Deloitte member firms are proud to work with the Safe Water Network to help bring what we see as practical solutions to local communities.  The Deloitte network of member firms, including approximately 135,000 people in nearly 140 countries, can bring knowledge and expertise to define local needs, and help deliver technology and other solutions to deliver clean water.”

Nearly 1.1 billion people do not have access to safe drinking water, and 90 percent of deaths from water-related diseases in the developing world today occur in children under five years of age.  “In different ways, at different ages, access to adequate water and sanitation services influences everybody’s health, education, life expectancy, well-being and social development,” noted Mr. Parrett.  “Water is fundamental to human life, community development, and long-term sustainability.”

More on USCIB’s Health Care Working Group

More on USCIB’s Environment Committee

Deloitte website

Global Industry Groups Rally to Save Doha Round

3658_image001New York, N.Y., January 17, 2007 – Major business groups from countries representing 60 percent of world trade called for the swift completion of the Doha Round negotiations in the World Trade Organization, saying “the costs of failure are diverse and grave.”

The United States Council for International Business (USCIB) joined 18 other leading business organizations, from both industrialized and developing nations, in a global appeal for the immediate re-start of the Doha Round, which has reached a critical impasse largely over agricultural trade.  They called for the swift conclusion to the talks based on more flexible offers by all parties and the goal of an ambitious, market-opening outcome.

“While the benefits for an ambitious conclusion of the Round are great, the costs of failure are diverse and grave,” the statement said.  “Notwithstanding the loss of potential welfare gains, a failed Round could lead to challenges to the World Trade Organization and a strong multilateral rules-based trade system; increased regionalism and protectionism; shocks in financial markets and the loss of an opportunity to catalyze domestic economic reform.”

The business organizations called for a substantial reduction or elimination of tariffs and an effective approach to non- tariff barriers.  In agriculture, they said they sought commercially meaningful new market access, the reduction of and eventual elimination of trade-distorting mechanisms and subsidies, including export subsidies and disciplines on export measures in all countries in a coherent and progressive manner.  In services, WTO members need to improve multilateral commitments to tackle non-tariff barriers and provide new market access, the groups said.

“It is quite likely the Round will fail if significant progress is not made in the next two to three months, said Peter M. Robinson, USCIB’s president. “Business strongly urges governments to show the political leadership to reject failure, and seize this once-in-a-generation opportunity to raise living standards around the world.”

An ambitious result in the Doha Round is a top priority of USCIB.  Mr. Robinson said USCIB would continue to use itsglobal network of business affiliates and connections to garner broader industrial business support for an immediate completion of the Doha Round, working especially with the International Chamber of Commerce, the world business organization.

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes some 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3 trillion.  As American affiliate of the leading international business and employers organizations, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.  More information is available at www.uscib.org.

Doha International Business Statement

More on USCIB Trade and Investment Committee

Big Changes in Store for the Little Old Letter of Credit

By Donald R. Smith

Paper and PenIt is estimated that between ten and 15 percent of all international trade – amounting to more than a trillion dollars per year – utilizes letters of credit.  They are a tried and true instrument of global commerce – so tried and true, perhaps, that those not involved in trade finance would assume they never change.

But in international trade, as in everything, change is inevitable.  And when it comes to letters of credit, the International Chamber of Commerce, the world business organization that forms a key part of USCIB’s global network, is the instrument of that change.

Over 70 years ago, to overcome the conflicting laws on letter of credit in different countries, ICC first issued its Uniform Customs and Practices, or UCP.  Used by letter of credit practitioners worldwide, the UCP rules are the most successful private rules for trade ever developed, providing the basis for billions of dollars in trade transactions every year.

They have undergone periodic revisions to keep pace with changing usage and the fast-paced nature of global trade.  The latest such exercise recently concluded when, at an October meeting in Paris of ICC’s Banking Commission, the newest version, UCP 600, was adopted by a unanimous vote of 91-0.

What’s New in UCP 600?

The revision to ICC’s rules for letters of credit, which will come into effect on July 1, 2007, incorporates a number of changes from the previous version, UCP 500:

  • New sections on “definitions” and “interpretations” have been added to clarify the meaning of ambiguous terms
  • The phrase “reasonable time” for acceptance or refusal of documents has been replaced by a “maximum of five banking days”
  • New provisions allow for the discounting of deferred payment credits
  • Banks can now accept an insurance document that contains reference to any exclusion clause

Learn more at www.iccbooksusa.com.

A very brief history of the present revision will put this into perspective.  In addition to setting the rules for letters of credit, ICC also interprets these rules when discrepancies or disputes occur.  At a 2002 meeting of the ICC Banking Commission, technical advisor Gary Collyer was asked to examine the then-current UCP500 and found that seven articles accounted for more than 55 percent of the ICC’s rulings and outline the major issues at stake.

Once a technical review had been completed, draft articles were circulated to commission members, and a consultative group made up of experts appointed by ICC national committees set up to fine-tune the new rules.

Mr. Collyer recommended bringing together the multitude of documents produced by the ICC Banking Commission under one framework, creating an environment with more certainty, not just for document checkers but also for the exporters and the nominating banks involved in letter of credit transactions.

The thrust of the successful revision has been to more firmly place the responsibility upon the issuer to state precisely what the required documents must contain, and by whom they must be issued, thereby reducing discrepancies and increasing the assurance and speed of payment.

There are several major changes in UCP 600 – perhaps the most important are reflected in their structure, as well as in the roles and responsibilities of the parties.  Regular letter of credit users will immediately recognize these as important steps, and infrequent or new users should take note – they need to learn what this is all about (see sidebar).

Mr. Smith is vice president for client services with Norman Technologies and chair of USCIB’s Banking Committee.  Write to him atdon.smith@normantech.com.

Nationwide Seminar Series to Explain Rule Changes

So you’re an issuer or user of letters of credit – where do you turn to learn how the new UCP 600 will change the way you do business? The author of this article has teamed with USCIB and experienced trade practice instructor Frank Reynolds to organize a nationwide series of training seminars beginning in January. Each seminar features a full day of expert instruction covering the changes from UCP 500 to UCP 600 and how they apply to actual situations, from application through presentation. Who should attend? Exporters, importers, forwarders, customs brokers, carriers, and those bankers wishing to not only learn the rules but how their clients perceive them. To learn more, click here.

This article appeared in the Winter 2006-2007 issue of International Business, USCIB’s flagship publication.  For more information or to subscribe, click here.
This article appeared in the Winter 2006-2007 issue of International Business, USCIB’s flagship publication. For more information or to subscribe, click here.

More on USCIB’s Banking Committee

China’s Labor Law

The New York Times

October 19, 2006

Letters to the Editor, page A26

China’s Labor Law

To the Editor:

Re “China Drafts Law to Empower Unions and End Labor Abuse” (front page, Oct. 13):

American companies support high labor standards in China. Indeed, we are troubled that such fundamental rights as freedom of association are forbidden under current Chinese law and not provided for in the draft law.

As a first step, current Chinese labor law needs to be enforced, which your article rightly notes is rarely done and targets supposedly deep-pocketed foreign companies when it is.

But American businesses believe that the draft law is too rigid and will lead to slower job growth. Making matters worse, ambiguities in the draft law would have to be sorted out in a judicial system that does not always operate fairly or predictably.

And since both foreign and domestic employers need a predictable investment climate, it should come as no surprise that an ambiguous and unpredictable law would give investors pause.

Adam B. Greene

New York, Oct. 13, 2006

The writer is vice president of labor and corporate responsibility for the United States Council for International Business.

 

More on USCIB’s Labor and Employment Committee

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World Employers Applaud Nobel Peace Prize Selection

Muhammad Yunus
Muhammad Yunus

The International Organization of Employers has welcomed the recognition given to Muhammad Yunus, the Bangladesh economist and founder of Grameen Bank who pioneered micro-lending, by the Nobel Prize Committee.

Speaking from Geneva, IOE President Abraham Katz praised the work of the Grameen Bank in enabling innovators and entrepreneurs to have access to finance so as to turn business ideas into reality.

“It is this type of innovation and thinking that is needed, particularly in the developing world, to fill the gaps of commercial lending and thereby allow local people to develop their own means to work out of poverty, or to provide employment opportunities to others,” said Mr. Katz, a retired U.S. diplomat who served as USCIB’s president from 1984 to 1999.

IOE, part of USCIB’s global network, serves as the voice of employers worldwide, in particular at the International Labor Organization, promoting policies that support growth, employment and entrepreneurship.

Mr. Katz also congratulated the Nobel Prize Committee for recognizing the work that Mr. Yunus and the Grameen Bank have done, which he said would encourage others to explore micro-finance solutions both in South Asia and elsewhere.

“The IOE supports efforts by the International Labor Organization and lending institutions to build on this innovation, and through micro-finance encourage local actors to establish and expand business as a core means of working out of poverty” he said.

“The awarding of the prize to the business sector shows a healthy recognition of the contribution of business as a means to drive economic and social development.”

Staff contact: Ariel Meyerstein

More on USCIB’s Labor and Employment Committee

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Business Urges Senate Not to Block OECD Funding

Senator Orrin Hatch (R.-Utah) addressing an OECD tax conference in Washington earlier this year – the organization’s work on international tax policy has been repeatedly mischaracterized.
Senator Orrin Hatch (R.-Utah) addressing an OECD tax conference in Washington earlier this year – the organization’s work on international tax policy has been repeatedly mischaracterized.

New York, N.Y., October 11, 2006 – America’s top global companies have again urged Congress not to withhold funding for the Organization for Economic Cooperation and Development due to a misunderstanding over the nature of the 30-nation body’s work to coordinate international tax policies.

In a letter to all the members of the Senate, the United States Council for International Business (USCIB) expressed concern about language in Section 577 of H.R. 5522, the Fiscal Year 2007 appropriations for Foreign Operations, Export Financing, and Related Programs. The language would prohibit funding of activities undertaken by the OECD that are “designed to hinder the flow of capital and jobs from high-tax jurisdictions to low-tax jurisdictions or to infringe on the sovereign right of jurisdictions to determine their own domestic policies.”

USCIB said it “strongly disagrees with the thrust and implications of this language and believes that its inclusion in the bill is unwarranted and inadvisable.” The letter was signed by Peter M. Robinson, president of USCIB, and Michael P. Reilly, chair of USCIB’s Taxation Committee.

From time to time, similar language mischaracterizing the work of the OECD has found its way into pending legislation. USCIB has reminded members of Congress on several previous occasions of the valuable work being done by the OECD, both in coordinating tax policies and in other areas critical to U.S. competitiveness.

“Section 577 reflects charges by certain critics of the OECD that have been made repeatedly in recent years and that rely on misunderstanding and mischaracterization of the nature and utility of the OECD and its work,” the USCIB letter stated. Specifically, these critics have sought to portray an OECD effort, aimed at curtailing the abuse of overseas bank secrecy laws by criminal and terrorist groups, as an attempt to encourage ”tax harmonization” and the elimination of tax incentives for investment. “This charge is without factual basis,” USCIB said.

The 30-nation OECD seeks to promote growth through coordination of economic and regulatory policies between its members, all of which are democratic market economies. USCIB serves as the American affiliate of the Business and Industry Advisory Committee (BIAC) to the OECD, a group that provides the official business voice on OECD matters.

For the past few years, USCIB has joined with the OECD and BIAC to hold an annual conference in Washington, D.C., most recently this past June, explaining the OECD’s role in international taxation policy and the importance of engagement by the business community in the OECD process.

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment. Its membership includes some 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3 trillion. As American affiliate of the leading international business and employers organizations, including BIAC, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

Contact:
Carol Doran Klein
202.682.7376or cdklein@uscib.org

USCIB letter to the Senate on H.R. 5522

More on the OECD’s work on taxation (OECD website)

More on USCIB’s Taxation Committee

Business Input to AsiaPacific Coordination on ECommerce

APECLast month, Heather Shaw, USCIB’s director of information policy and telecommunications, led an International Chamber of Commerce
delegation to Danang, Vietnam for the 14th meeting of the APEC (Asia-Pacific Economic Cooperation) steering group on electronic commerce. Vietnam Is serving as this year’s president of the APEC forum and will host the annual summit of Asia-Pacific leaders next month in Hanoi.

The session was one of several that took place during a meeting of senior officials from member economies, which also featured a session on trans-border privacy issues. Two years ago, APEC leaders adopted a privacy framework, and participants explored ways to move discussions from theory to operation. Business is especially interested in promoting the development of company privacy rules and the mutual recognition of these by governments in the APEC countries.

Ms. Shaw presented a preliminary ICC framework on cross-border privacy rules that illustrates how industry best practices in cross-border transfers of personal information are consistent with relevant APEC principles. This document will be further discussed and considered as the first component of a possible APEC implementation mechanism. Other presentations reviewed the role of “trustmarks” and privacy seals in assuring accountability, dispute resolution mechanisms and other elements of implementation.

Next year, when Australia takes over as APEC president, the privacy subgroup plans to hold three workshops, provide updates on domestic privacy approaches and technical guidance to economies developing privacy systems, and move toward a pilot project on implementation of cross-border rules.

APEC website

OECD Forecasts ICT Industry Growth in 2006 – The information and communication technology industry is expected to grow by 6 percent in 2006, according to the latest edition of the OECD’s Information Technology Outlook 2006. The highest growth will be driven by Internet-related investments, Linux servers, digital storage, personal digital assistants and new portable consumer products. But a return to the heady days of 20-30 percent growth in many products and market segments, as happened in the 1990s, is unlikely, the report states.

Meetings in New York Spotlight International Competition Network

L-R: Paul Lugard (Philips), vice chair of the ICC Competition Commission; Daphne Yong-d'Hervé (ICC); Charlene Flick (USCIB); David Lewis, chair of South Africa’s competition tribunal; Michael Blechman (Kaye Scholer), chair of USCIB’s Competition Committee; and Ferdinand Hermanns (Hermanns & Brück), chair of the ICC Competition Commission.
L-R: Paul Lugard (Philips), vice chair of the ICC Competition Commission; Daphne Yong-d’Hervé (ICC); Charlene Flick (USCIB); David Lewis, chair of South Africa’s competition tribunal; Michael Blechman (Kaye Scholer), chair of USCIB’s Competition Committee; and Ferdinand Hermanns (Hermanns & Brück), chair of the ICC Competition Commission.

Last month in New York, the USCIB Competition Committee and the International Chamber of Commerce‘s Competition Commission held meetings that highlighted the emerging role played by the International Competition Network (ICN), which links antitrust enforcement authorities from both developed and developing countries.

David Lewis, chair of South Africa’s competition tribunal and vice chair of the ICN Steering Group, spoke at the ICC meeting, which was well attended by companies and law firms from around the world and across a variety of industries. His remarks underscored the global movement towards convergence in the area of competition law and how the work of the ICN has contributed to the harmonization of competition laws across borders.

Through ICN, government institutions come together to enhance convergence and cooperation so as to promote effective and efficient antitrust enforcement worldwide. The work of ICC’s Competition Commission, as well as USCIB’s Competition Committee, regularly informs the dialogue at the ICN. In the past, ICC has offered comments on the ICN Merger Remedies Review Project as well as input regarding global harmonization efforts in antitrust enforcement generally. ICC as well as individual member companies continue to work closely with ICN and the Competition Commission is currently considering proposals to further engage in upcoming ICN activities in the months to come.

Other agenda items discussed at the USCIB and ICC meetings included the U.S. Department of Justice/Federal Trade Commission ongoing hearings on single-firm conduct, a discussion of the European Commission’s application of Article 82 of the Treaty of Rome to exclusionary abuses, and a briefing concerning China’s pending antimonopoly law.

Staff contact: Justine Badimon

More on USCIB’s Competition Committee