Annual Conference Discusses Human Rights Trends and Developments

Gabriella Rigg Herzog (USCIB) speaks at the 2018 Engaging Business Forum
Theme of 2018 forum: “Collaboration Through Partnerships to Address Business and Human Rights Trends and Developments.”
Forum brought together 200+ representatives from the private sector, U.S. government, civil society, academia, and international organizations to discuss the importance of partnerships in achieving business and human rights goals.

Since 2007, USCIB, The Coca-Cola Company, the U.S. Chamber of Commerce and the International Organization of Employers (IOE) have organized an annual forum on business and human rights to foster candid discussions and peer learning opportunities. The 10th Engaging Business Forum took place on September 13-14 at The Coca-Cola Company’s headquarters in Atlanta under the theme of “Collaboration Through Partnerships to Address Business and Human Rights Trends and Developments.”

The two-day forum has become the leading annual business and human rights convening in the United States, and this year brought together over 200 representatives from the private sector, U.S. government, civil society, academia, and international organizations to discuss the importance of partnerships in achieving business and human rights goals. Participants discussed leading business and human rights issues of the moment, including:

  • What does and doesn’t work in partnerships?
  • How business can work and interact with human rights defenders?
  • Best practices and challenges for business in providing access to remedy?
  • How to address the issue of wages in the supply chain?
  • Understanding diversity and inclusion in the workplace?

The keynote speaker at the event was Director-General of the International Labor Organization Guy Ryder. Other speakers included USCIB Vice President of Corporate Responsibility and Labor Affairs Gabriella Herzog, Director of Global Workplace Rights at The Coca-Cola Company Brent Wilton, Director of Stakeholder Engagement at IOE Matthias Thorns, and Michael Congiu of Littler Mendelson as the representative of the U.S. Chamber of Commerce. USCIB member company speakers included The Walt Disney Company, Walmart, H&M, and Rio Tinto.

“Our role at USCIB is to support U.S. business in creating and supporting a more prosperous society, including through demonstrating respect for human rights in their activities,” said Herzog. “We’re proud to be a co-sponsor of this prestigious annual human rights event which provides sharing and learning opportunities about the important roles that governments, business and civil society representatives are playing to advance human rights around the world,” Herzog added.

The event’s agenda is available here.

 

Climate Talks Make Limited Progress, As Clock Runs Out on Implementation Rules

Meeting adjourned with 300+ pages that negotiators have to transform into a set of rules for governments and businesses.
Sticking points: differential treatment of reporting procedures by developed and developing countries and lack of attention to reporting on financial assistance commitments.

 

The United Nations Framework Convention on Climate Change convened an additional negotiating session in Bangkok, Thailand from September 4-10. Representatives of over 190 governments gathered in intense discussions to conclude rules for implementation of the Paris Agreement, which are due at the next climate governing body meeting in Poland from December 4-14.

While government representatives worked around the clock in Bangkok to develop streamlined negotiating text that could be finalized at the end of the year, the meeting adjourned with over 300 pages that negotiators will have to tackle in the limited time left and transform into a set of rules that governments and businesses can use as a blueprint for investment, energy mix and other long term decisions.

While the Bangkok deliberations were to focus on operational details relating to reporting, tracking and assessing government actions to reduce greenhouse gas emissions in line with nationally determined targets under the Paris Agreement, the discussions became contentious.

Sticking points related to differential treatment of reporting procedures by developed and developing countries, and the lack of attention to reporting on financial assistance commitments dating back to the conclusion of the Paris Agreement itself. Developing countries also continue to argue for the inclusion of loss and damage liability in future UN climate agreement procedures.

Business representatives from the International Chamber of Commerce and USCIB tracked the talks, meeting with key delegations from the U.S., Canada, Japan, Australia, New Zealand and Europe. USCIB Vice President for Strategic International Engagement, Energy and Environment Norine Kennedy commented on the U.S. business stake in what might seem to be mainly technical details: “An important consideration for U.S. business is preserving American competitiveness and ensuring deployment of U.S. innovation in global markets. The nuts and bolts of reporting under the UN climate agreement will determine how reliably we can assess comparability of effort between countries, so we appreciate the Administration’s continuing focus on clear rigorous rules for reporting such governmental actions across every nation.”

USCIB Gears Up for Talks on Global Environment Pact

The Pact is to be a binding, universal “umbrella text” providing a common global legal basis for environmental policy principles.
USCIB will work with the administration to communicate member views on developments and plan for USCIB engagement in the first substantive negotiations that will be held in January 2019 in Nairobi, Kenya.

The first negotiating meeting for a proposed UN Global Pact for Environment (GPE) took place at United Nations headquarters in New York September 5-7. USCIB Vice President for Corporate Responsibility and Labor Affairs Gabriella Rigg Herzog attended those deliberations, alongside USCIB members Pfizer and the American Chemistry Council (ACC). The meetings focused on organizing the GPE negotiating process and its future meetings, preparation of a UN Secretary General’s report on gaps in international environment policy that will serve as a basis for further negotiations and government positions and priorities relating to the GPE.

UN Member States have voted to launch a negotiation toward the development of a GPE earlier this year. An initiative of French President Emanuel Macron, the Pact is to be a binding, universal “umbrella text” providing a common global legal basis for environmental policy principles, such as the polluter-pays and precautionary principles, environmental rights-based approaches and other international environmental regulations and treaties.

“USCIB plans to submit a scoping paper for business on the GPE, raising questions and concerns based on what has already been agreed in relation to the GPE, such as the extent of U.S. business involvement in the negotiation process, assessment of GPE implications for international environmental policy and potential implications for the SDGs and existing environmental treaties, arising from the proposed GPE,” noted Rigg Herzog.

USCIB will work with the Administration to communicate member views on GPE developments, and plan for USCIB engagement in the first substantive negotiations on the GPE that will be held in January 2019 in Nairobi, Kenya.

Please contact Norine Kennedy for more information, or to get involved in USCIB’s Environment Committee.

USCIB Member Marriott Announced Winner of Prestigious Integrity Award

Marriott International has been announced as the 2018 winner of the Coalition’s award.
USCIB works with the Coalition for Integrity on anti-bribery and anti-corruption issues, many of them related to the OECD’s Anti-bribery Convention.

 

For the fifth time in eight years, a USCIB member company has won the coveted annual Corporate Leadership Award of the Coalition for Integrity, a leading U.S. anti-corruption organization.  Marriott International has been announced as the 2018 winner of the Coalition’s award.  The award will be presented at the Coalition’s annual Integrity Awards Dinner on October 29 in Washington, DC.

Marriott joins fellow USCIB member companies Bechtel, GE, Coca-Cola, and PepsiCo as winners of the Corporate Leadership Award. USCIB has worked closely with the Coalition for Integrity on a range of anti-bribery and anti-corruption issues, many of them related to the OECD’s Anti-bribery Convention. USCIB Vice President for Investment and Financial Services Shaun Donnelly has been a longtime member of the Coalition for Integrity’s Policy Advisory Board.

USCIB President and CEO Peter Robinson congratulated Marriott on being selected for the Coalition’s prestigious award, “All of us at USCIB are delighted to see another outstanding USCIB member company recognized again this year with this major anti-corruption award.  USCIB has worked closely with the Coalition for Integrity in recent years to combat bribery and corruption in international business. Marriott has a well-deserved reputation as a leader in this important area and is a very deserving recipient of this award.  USCIB and our member companies are devoted to integrity and responsible business conduct.”

 

USCIB Decries Further Escalation of China Tariffs

“American companies and consumers are already feeling the impact of earlier tariffs. The administration’s latest moves will only make matters worse.”

Washington, D.C., September 17, 2018 – Responding to the Trump administration’s imposition of tariffs on an additional $200 billion of Chinese imports, the United States Council for International Business (USCIB), which represents America’s most competitive global companies, issued the following statement:

“American business reiterates its call for the U.S. and China to take immediate steps to de-escalate their trade conflict, which risks upending financial markets and doing lasting damage to the U.S. and global economies.

“As we have stated on numerous occasions, including the recent U.S. public hearings on these tariffs, American companies and consumers are already feeling the impact of earlier tariffs, in the form of rising costs and operational disruptions. The administration’s latest moves will only make matters worse.

“While we support efforts to compel China to change its discriminatory trade practices negatively affecting U.S. companies, these new tariffs are unlikely to achieve such a goal, as we fully expect the Chinese government to retaliate, with American consumers and small businesses bearing a significant portion of the cost.

“We continue to believe that a better solution is for the United States and its trading partners to apply concerted pressure to address China’s unfair trading behavior, especially via the WTO, in ways that do not place the primary burden on America’s consumers, workers, farmers and companies.”

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world, generating $5 trillion in annual revenues and employing over 11 million people worldwide. As the U.S. affiliate of several leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More information is available at www.uscib.org.

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

Robinson Meets With B20 Business and Labor Leaders

L-R: IOE President Erol Kiresepi, US Labor Secretary Alexander Acosta and USCIB President and CEO Peter Robinson in Mendoza, Argentina

As preparations accelerate for this year’s Group of 20 Summit, which kicks off November 30 in Buenos Aires, host country Argentina held a number of key meeting of business, labor and other stakeholders on September 6-7 in the Andean foothills city of Mendoza. USCIB President and CEO Peter Robinson attended alongside high-level representatives of G20 governments, business and labor.

Among the gatherings were the G20 Labor Ministerial, which featured cabinet-level labor officials from each of the G20 nations, including U.S. Secretary of Labor Alexander Acosta, and the Global Employers Forum, organized by the B20 (Business 20), the International Organization of Employers (IOE) and Deloitte.

At the latter event, USCIB’s Robinson took part in a discussion on implementation of the UN Sustainable Development Goals, alongside Kyra Kaszynski of Deloitte and Dante Pesce, chair of the UN Working Group on Business and Human Rights. Pointing to the Business for 2030 platform launched by USCIB to align business activities with the SDGs, Robinson urged governments and employers groups to do their utmost to foster support for the SDGs in their national business communities, including among small and medium-sized enterprises.

L-R: Gerhard Braun (BDA), IOE President Erol Kiresepi, B20 Chair Daniel Funes, B20 Policy Sherpa Fernando Landa and USCIB’s Peter Robinson

“Many SMEs connect with larger companies via cross-border commerce, trade, and investment,” Robinson stated. “So there can be a link and opportunity for larger companies to pass these ‘good business practice’ principles on to smaller national firms, both through supply chain links and and by making expectations clear.”

Recognizing the relevance of cooperation and constructive discussion, business leaders released joint B20 statements on employment and education. “As key priorities for the G20 Argentine presidency, both statements aimed to provide concrete, consensus-based, policy recommendations focusing on implementation,” the B20 stated. “In this collaborative spirit, our mission has been to identify and address current challenges and opportunities in the fields of education and employment while advancing with a concrete call to action for G20 countries. We believe these are valuable efforts to lead the way into more sustainable and inclusive societies.”

Robinson, IOE President Erol Kiresepi and Gerhard Braun, vice president of the German employers federation BDA, serve as co-chairs of the B20 Employment and Education Task Force. The B20 will hold its summit in advance of the G20, on October 4-5 in Buenos Aires.

 

USCIB Submits Comments on China 301 Tariffs

Tariffs of 10-25 percent are contemplated
Negative impact could exceed actual harm from Chinese trade abuses

On September 6, USCIB submitted extensive comments on the Trump administration’s proposed $200 billion list of tariffs on imports from China, following up on earlier submissions in response to the quickly escalating trade conflict between the United States and China.

“USCIB and its members continue to be very concerned about the potential unintended consequences these proposed tariffs of 10 or 25 percent on $200 billion worth of Chinese imports are likely to have, affecting many sectors vital to the U.S. economy and jobs,” the USCIB statement said. “Particularly if [the U.S. Trade Representative’s office] imposes 25 percent tariffs on this broad list of products, these tariffs will impact consumers and will severely impact U.S. competitiveness. The negative impact of such tariffs to U.S. consumers and industry appears disproportionate to the intended purpose.”

The statement said that, while China’s forced technology transfer requirements and other abusive practices harm U.S. competitiveness, the administration’s “sweeping tariffs endanger the U.S. economy in similar ways.” USCIB said its members are “very concerned that these proposed tariffs will stifle the U.S. economy, and not achieve the important goal of changing China’s behavior.”

The statement also recommended a number of changes to the list of tariffs being proposed by the administration. USCIB also signed on to a broader industry statement appealing to the Trump administration not to proceed with the proposed tariffs, saying the effort would likely backfire against U.S. businesses and workers.

In August, USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl provided testimony to the 301 Committee chaired by the U.S. Trade Representative’s office, expressing concern about the proposed tariffs’ potential unintended consequences.

Business Must Help Governments Chart New Course in Trade Policy, Writes ICC Secretary General

ICC Secretary General John Denton published a letter in Financial Times on September 5 titled, “Let’s be constructive on trade and not just vent.” The letter responds to recent critique of a “muted response from U.S. chief executives to the ongoing escalation in global trade tensions,” particularly in response to President Donald Trump‘s threat to pull the U.S. out of the World Trade Organization (WTO).

“It is certainly true that there is an imperative for business to stand behind the multilateral trading system — now more so than ever,” writes Denton. “But I would suggest that the private sector has much more to offer than simply voicing its (well-founded) concerns. “Rather than adding fuel to the fire of an already polarized debate, business leaders must instead focus on helping governments chart a new course for trade policy-making that deals meaningfully with the pressures now building in the global economy. If tariffs are not the answer, then what are the alternatives? And how can the WTO, to use Mr Trump’s vernacular, best ‘shape up’ to avoid the U.S. shipping out?”

The full article can be viewed here. Member subscription required.

 

Global Competition Policy in the Spotlight at Joint ICC/USCIB Meeting

L-R: The FTC’s Bruce Hoffman (center) with (L-R) Jennifer Patterson (Arnold & Porter), Dina Kallay (Ericsson), Eva Hampl (USCIB) and Patrick Hubert (Orrick Rambaud Martel)

On September 5, against the backdrop of fast-changing business and policy practices with respect to antitrust and consumer protection, the USCIB Competition Committee held a joint meeting with the International Chamber of Commerce (ICC) Competition Commission at Arnold & Porter Kaye Scholer LLP’s offices in New York. The meeting took place in conjunction with the 45th Annual Fordham Conference on International Antitrust Law (September 6-7). Participants in the joint ICC/USCIB meeting represented many jurisdictions, including Brazil, France, Germany, Mexico, Poland, the United Kingdom and the United States.

The keynote speaker was Bruce Hoffman, director of the Bureau of Competition at the U.S. Federal Trade Commission (FTC). Hoffman discussed the latest developments of antitrust policy with USCIB members, including for competition policy litigation and enforcement in the U.S., as well as upcoming FTC hearings, beginning next week in Washington, D.C., on the state of competition law and policy.

USCIB Competition Committee Chair Dina Kallay (Ericsson) referred to the FTC’s effort – which will look at the 21st-century landscape for competition, market concentration, consumer data,  vertical mergers and other topics – as “the mother of all hearings.” Kallay and USCIB Competition Committee Vice Chair Jennifer Patterson (Arnold & Porter) led participants through an agenda that included updates on issues including mergers, due process, cartels, the International Competition Network (ICN), and the Multilateral Framework on Procedures, on which USCIB and ICC recently submitted a joint statement.

USCIB, USTR Discuss World Trade Organization Updates

L-R: Rob Mulligan (USCIB), Chris Wilson (USTR)
Meeting was an opportunity to receive WTO updates and to raise questions regarding U.S. government negotiations or initiatives in Geneva.
USTR highlighted areas that the U.S. delegation is working on, such as over-fishing and e-commerce.

 

Members of USCIB’s Trade and Investment Committee sat down with Chris Wilson, deputy chief of mission at USTR’s Geneva office, on August 30 in Washington DC. The meeting was a timely opportunity for USCIB to receive the latest developments at the World Trade Organization (WTO) and to raise questions regarding specific U.S. government negotiations or initiatives underway in Geneva.

Wilson highlighted some of the areas that the U.S. delegation is “actively and constructively” working on with the WTO, such as multilateral negotiations to develop new disciplines with respect to subsidies that contribute to over-fishing and an emerging plurilateral initiative on e-commerce.  Wilson also outlined some of the areas the U.S. sees as needing reform in the WTO, including concerns with the Appellate Body.

“As trade disruptions over the past year have escalated, more USCIB members have raised concerns about the potential impact on the WTO and how business can help move forward reforms at the WTO,” said USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan. “Our discussion with Chris helped clarify U.S. government views and informed us, as well as our members, of possible steps to take.”