Policy Areas Archives

USCIB Experts Roundtable on Understanding Big Data for Business Action on SDGs

Published on October 5, 2017
OECD Secretary General Angel Gurria, alongside USCIB CEO and President Peter M Robinson

USCIB convened a Business Experts Roundtable on Data Analytics for the UN Sustainable Development Goals (SDGs) and National Reports, on September 19, kindly hosted by KPMG.  This session, held on the margins of UN General Assembly (UNGA) week, was intended to start a conversation about how to organize, analyze and improve on frameworks to present and analyze SDG-related data, with a focus on private sector approaches that are already in use.

OECD Secretary General Angel Gurria opened the meeting with a statement of wholehearted commitment by the OECD to advancing SDG action by governments.  He reminded the meeting of extensive data and assessment that the OECD has gathered, but also recognized that the quantity and variety of metrics is overwhelming.  He expressed appreciation for U.S. business involvement on these topics through the Business and industry Advisory Committee to the OECD, and looked forward to further insight that business could offer in organizing what is becoming “too much” of a good thing: data and metrics on SDG action and impact.

USCIB members offered two presentations as examples of business thought-leadership in this area.  Tam Nguyen and Michael Yamoah, Bechtel, described a textual analytics framework to strengthen the business case within the company for SDG action.  The overall objective in the company was to shift from SDG reporting to formulating a strategy that would be integral to the entire business process: new business development, design, building and operation.  Text analytics of national voluntary reviews did provide a structured approach to organize and make sense of voluminous amounts of unstructured data related to business lines, markets and SDG’s.

Gaya Branderhorst, KPMG, provided an overview of dynamic risk analysis (DRA) and its applicability to tracking SDG actions.  In her presentation, DRA is well-suited to sustainability science, reflecting the inherent inter-connections of the SDG’s.  A systems dynamic approach to gauging progress will need to elicit multiple experts, and involve all levels of an organization or company.  This is especially relevant to emerging issues and innovation, which may not be visible to the top levels of a government, inter-governmental and business entity.

Jennifer Park, a representative from the U.S. Office of Management and Budget, observed that the U.S. government also tracks dozens of statistics and other metrics, and spoke about the need for a structure that would allow a “full picture” of sustainable development status and progress.  Carolien DeBruin of C-Change underscored the need to bridge between top-down data gathering and interpretation and working and grassroots experiences in practice.  Manu Bhardwaj of Mastercard provided a perspective on data poverty in developing countries, and the barriers that poses for SDG action.  He described recent efforts in the Mastercard Center for Inclusive Growth to work with the OECD on utilizing private sector information from consumer transactions to help inform SDG policy priorities.

National governments and other important societal partners are expected to take action on the 17 goals and 169 targets of the SDGs, but governments and business now face the challenge of how to measure progress on multiple and integrated fronts, and then communicate it to important stakeholders.  In addition, many stakeholders are seeking more disaggregated data, which adds another level of complexity.  For business, that means reaching internal audiences as well as investors to demonstrate value and benefit of a company’s SDG involvement, while national governments seek to demonstrate to their public and the international community – perhaps through Voluntary National Reviews to the UN High Level Political Forum – that they are delivering on their commitments.

Some governments have invited and reflected business information and metrics in their VNRs, but these are still in the minority, so a related question concerns a closer look at good practices in public consultation and gaining a better understanding of what business-generated or held information relating to SDG progress could also be useful to governments.

USCIB’S SDG Working Group will explore these and other dimensions of how to structure and understand data on SDG action and impact, and share further private sector experiences and suggestions in this regard.

Please contact Norine Kennedy (nkennedy@uscib.org) or Gabriella Rigg Herzog (gherzog@uscib.org) for more information about the USCIB SDG Working Group.

USCIB Rolls Out Updates to Businessfor2030.org

Published on October 5, 2017

Business for 2030 homepage logoOn the occasion of the high-level opening of the UN General Assembly in New York, USCIB announced new additions and improvements to the Businessfor2030 web platform. USCIB built the platform in 2015 to showcase business engagement on the UN Sustainable Development Goals (SDG’s), and provide a public resource for businesses and others on SDG relevance, process, partnerships and implementation. The Business for 2030 website, www.businessfor2030.org, features new content in two areas: a just-launched “explore by company” page and featured blog posts on the importance and opportunity of UNGA for U.S. business.

The scale and ambition of the 2030 Development Agenda creates a tremendous opportunity for the private sector to demonstrate the central role it plays in sustainable development and human prosperity and to serve as an essential partner to bridging the gap in finance and technical capacity necessary to meet the challenge of achieving the SDG’s. The Business for 2030 site showcases business’ past and continuing contributions to sustainable development through the prism of the SDG’s. The goal of the site is to stimulate a more productive partnership between the public and private sectors at the UN and at national levels and to demonstrate the need for a proportionate role for business in the negotiations, implementation and follow-up mechanisms of the 2030 Development Agenda at both the UN and at national levels

The all new “Explore by Company” page on the Business for 2030 website allows users to filter by company for case studies of business contributions to the SDG’s, and complements the “Explore by Goal” page. The new page also simplifies the website’s search functions, aiding users who are looking for company-specific information.

The Businessfor2030 blog also included two new posts relating to UNGA:

  • “What to Watch for During UNGA Week” features a DEVEX article that highlighted António Guterres’ UNGA debut as secretary-general, UN reform, President Donald Trump’s speech to the UN and humanitarian crises. It also flags the recognition of the need for private-sector engagement in order to achieve the SDG’s.
  • USCIB President and CEO Peter Robinson also contributed a featured post on the blog to reflect on where business fits into the complex multilateral and multi-dimensional challenge of the Agenda for 2030. The blog discusses how good governance and support from the private sector can help to achieve the SDG’s and sets out three broad challenges for SDG implementation by business: inclusiveness, innovation and information. Robinson commends the progress that has already been made, while simultaneously asking more of both the business community and the UN community in the future.

The Business for 2030 Twitter account (@bizfor2030) tweeted out specific case studies throughout the UNGA week linked to specific SDG’s and USCIB events. We invite companies to continue contributing their case studies to the Business for 2030 web platform by contacting Kristen Bauer (kbauer@uscib.org).

USCIB Washington Update August – September 2017

Published on October 5, 2017

Highlighting Key Activities, August – September 2017

During the months of August and September 2017, USCIB staff arranged a meeting with John Melle, USTR, and Angela Ellard, Ways and Means staff, on NAFTA negotiations; engaged with Alan Wolff, WTO, and Chris Wilson, USTR, in Geneva on deliverables for MC 11; organized a Symposium on Business and Human Rights with over 70 business representatives; submitted comments to USTR on China’s compliance with its WTO commitments; hosted a meeting for members with Ken Ash, OECD, on their trade work and Colombia accession; had a dialogue with Martha Newton, Department of Labor Deputy Undersecretary for International Affairs on ILAB; received briefings from USTR’s Jason Bernstein and Christina Kopitopoulos on Customs in NAFTA; shared business views on the OECD Going Digital project with Andrew Wyckoff, OECD; and much more. Below are summaries of these and other highlights from the activities of USCIB in Washington, D.C. over the last two months. If you have any questions or comments, or want more information on a specific topic, please contact any of the staff members listed at the end of this brief.

Table of Contents:

      1. Trade and Investment – Opening Global Markets for Trade and Investment
      2. ICT Policy – Promoting Sound Policies for New Technologies
      3. Tax – Advancing Tax Policies that Promote U.S. Competitiveness
      4. Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices
      5. Corporate Responsibility and Labor Affairs – Shaping the Development of CR Principles and Increasing Awareness of Business’s Positive Social Contributions
      6. Competition – Creating Global Legal Practices for an Open and Competitive Business Environment

    1. Membership
    2. Upcoming Events
    3. Staff List

Trade and Investment – Opening Global Markets for Trade and Investment

John Melle, USTR, and Angela Ellard, Ways and Means, Brief USCIB Trade Committee: On September 12, 2017, Assistant U.S. Trade Representative for the Western Hemisphere and Lead Negotiator for NAFTA modernization, John Melle, provided an off-the-record briefing for members on the latest round of NAFTA talks. He engaged with members on questions concerning negotiating timelines and deadlines, text proposals, investment and ISDS, rules of origin, addressing the trade deficit, digital trade, energy, and other topics. Members reinforced with Melle that withdrawing from NAFTA would go against the principal of “do no harm”. 

Angela Ellard, House Ways & Means Committee Chief Trade Counsel and Trade Subcommittee Staff Director of the U.S. House of Representatives, discussed NAFTA and other trade and investment topics in Congress, off-the-record. Ellard highlighted how closely Congress was working with USTR and the administration on the NAFTA process, despite the tight timelines. She noted the strong pushback from Congress to withdrawing from the Korea Free Trade Agreement. Ellard also discussed Trade Enforcement issues, implementation of the Customs Bill, the Miscellaneous Tarif Bill (which has 1,800 provisions suggested for inclusion), and GSP renewal. All of which she emphasized take significant time and resources. Members inquired about potential timelines for the 232 case, specific chapters in NAFTA, the U.S.-China trade relationship, and TPA renewal.

 USCIB Calls on Administration to Do No Harm in NAFTA Modernization: On June 12, 2017, USCIB released its recommendations to the Trump Administration on priorities for the modernization of the North American Free Trade Agreement (NAFTA). The submission calls on the Administration to update the 23-year-old agreement to accommodate new realities in global commerce, including the rise of the digital economy, while keeping what works from the original agreement. Specifically, the document calls upon the Administration to update and strengthen key NAFTA provisions, including the liberalization and protection of investment flows, protection of intellectual property, trade facilitation and improved agricultural market access. It also recommends tackling new areas not included or anticipated in the original agreement, such as the digital provision of goods and services, data localization requirements, and treatment of state-owned enterprises. It further urges U.S. negotiators to work closely with a range of private-sector stakeholders to ensure that a revamped agreement meets business needs in the 21st With the third round of negotiations just having concluded in Ottawa, Canada, the negotiations are continuing at a rapid pace.

USCIB Co-chairs Business Meeting with USTR’s NAFTA Investment Negotiators: USCIB co-chaired an August 29, 2017, meeting for a coalition of U.S. companies and trade associations with USTR’s key NAFTA negotiators on investment. In a free-wheeling session with USTR’s Chief of Staff, lead NAFTA negotiator and the key USTR investment policy team, business laid out a strong view on the importance of maintaining, indeed strengthening, key investment provisions in the NAFTA, including strong enforcement mechanisms through a proven Investor-State Dispute Settlement (ISDS) system. We and other business representatives made very clear to USTR leadership that any reported “opt-in/opt-out” system for ISDS would undercut the proven implementation/enforcement system which is critical to mobilizing the foreign direct investment flows so essential for business in today’s competitive global markets.

Rob Mulligan Meets with WTO Officials on Planning for Ministerial: While participating in the WTO Public Forum and the ICC Trade and Investment Commission meeting in Geneva from September 25-30, 2017, Rob Mulligan, USCIB Senior Vice President for Policy and Government Affairs, met with the new WTO Deputy Director General, Alan Wolff, the WTO Director for Information and External Relations, Keith Rockwell, and the WTO Director for Services, Hamid Mamdouh. He also met with Chris Wilson, DCM for USTR in Geneva, Didier Chambovey, Swiss Ambassador to the WTO, and Julian Braithwaite, Ambassador to the UK Mission in Geneva. In the discussions with them and others there is still much uncertainty about the potential for significant results coming out of the WTO Ministerial (MC 11) in Argentina being held in December. There is hope that at least work plans can be developed for movement on a range of issues such as e-commerce/digital trade, investment facilitation, fisheries, services facilitation and other areas and this may involve pursuing plurilateral approaches in some cases.

USCIB Hosts Meeting with Ken Ash, OECD, on Trade Work and Colombia Accession: On September 20, 2017, Ken Ash, Director of the OECD Trade and Agriculture Directorate, met with USCIB members and staff to discuss the projects he has planned over the next year. He detailed the work the OECD has done over the past year on both Trade and Agriculture policy, as well as the outlook for his upcoming work with the G20. Members raised issues and offered ideas for the OECD Trade Committee to pursue, and were also able to inquire about the status of Colombia and other countries seeking to join the OECD. Ken provided an open and frank perspective on Colombia, as well as the other countries including Brazil and Argentina.

Donnelly and Hampl Defend ISDS for a NAFTA 2.0: USCIB’s Vice President for Investment and Financial Services Shaun Donnellyalong with its Director for Investment, Trade and Financial Services Eva Hampl contributed an op-ed in The Hill titled, “NAFTA 2.0 needs to enshrine investor protections” on July 28, 2017. In the leadup to the update of the North American Free Trade Agreement (NAFTA), Hampl and Donnelly noted that, “overall, the administration’s “NAFTA 2.0” wish-list is solid.” However, one of the more crucial objectives, investor protection under the agreement’s Chapter 11, is not included. “These provisions, which allow U.S. investors both small and large to seek compensation for unfair, discriminatory or inequitable treatment at the hands of foreign governments, are based on bedrock principles embedded in our own Constitution prohibiting abusive government treatment and the taking of private property without just compensation. Without this provision, domestic courts become the only legal recourse for a wronged investor. While Mexico has made great strides in many respects, its court system is still far from impartial. Indeed, miscarriages of justice can happen in any country, including advanced democracies like the United States and Canada,” they noted.

USCIB Urges China Compliance with WTO Commitments: On September 20, 2017, USCIB submitted a statement to the United States Trade Representative (USTR) on China’s compliance with its World Trade Organization (WTO) commitments, which incorporated a wide array of input from USCIB members across various sectors. In the statement, which is submitted annually, USCIB commended the U.S. and Chinese governments for important work in on-going bilateral dialogues, as well as in support of working relationships between U.S. and Chinese agencies which provide invaluable opportunities for exchanging information and addressing agency-specific issues. The statement addressed important issues to U.S. business including taxation, customs and trade facilitation, information technology and intellectual property rights. Furthermore, it advocated for continuing negotiations of a Bilateral Investment Treaty (BIT) between the U.S. and China. While USCIB acknowledges the efforts China has made since joining the WTO in 2001 to meet its obligations under the terms of its accession agreement, there still remain significant WTO obligation compliance concerns. These concerns include government procurement, trade restrictions in information technology and continued intellectual property violations in audiovisual, software, agriculture biotechnology and chemicals.

USCIB Pushes Market Access Concerns in BIAC Colombia Paper: USCIB has been working with Business at OECD (BIAC) to advocate on behalf of business in the OECD accession process of Colombia. With the Market Openness Review concluded by the OECD Trade Committee, and the Formal Opinion now in draft form, Business at OECD finalized a document in September with recommendations for pre-accession commitments. These recommendations, which include significant USCIB member input, address market access concerns for industry on issues where Colombia has not yet risen to the standard of OECD countries. The draft formal opinion is set to be reviewed in November at the next meeting of the OECD Trade Committee.

GSP Back on the Agenda: With the U.S. Generalized System of Preferences (GSP) system facing another of its periodic reauthorization deadlines at the end of the year, USTR is moving to get ducks in a row on pending country and product eligibility petitions, some of very long standing. USCIB has played and will continue to play a lead role on a specific request by Ecuador, with its problematic record toward international investors and respecting international arbitral awards, to add flowers and vegetables to the GSP eligible products list. USTR’s kick-off hearings September 26-27, 2017, focused on country eligibility petitions where, again, Ecuador was a key country of concern. Beyond the policy issues inherent to GSP and the challenge of identifying budget offsets for “foregone revenues”, the yearend legislative calendar looks daunting with urgent competing legislation so GSP risks again lapsing.

USCIB Aggressively Blogging for Strong Investment Protections: USCIB Staff have been actively blogging on major investment policy issues over the summer. Posting on the blog site of Investment Policy Central, Shaun Donnelly and Eva Hampl jointly penned “NAFTA 2.0 Needs to Enshrine Investor Protections” (an op-ed originally placed in The Hill in early August. Shaun also had an IPC blog post in mid-August “U.S. Business Speaks Up Forcefully for Strong Investment Provisions in NAFTA.” Investment Policy Central is a joint effort of USCIB, the U.S. chamber and other leading U.S. trade associations, committed to strong policies and program to promote Foreign Direct Investment (FDI).

Donnelly Co-Authors Commercial Diplomacy Volume 2: USCIB Vice President Shaun Donnelly has co-authored Part 2 of “Support for American Jobs”, a major report on “commercial diplomacy” by the American Academy of Diplomacy (AAD), a prestigious organization of former senior U.S. government foreign policy leaders where Shaun is a member. Shaun and co-author Ambassador (ret.) Chuck Ford lay out in their report the progress made and also the challenges remaining for the U.S. Government, including its embassies and Ambassadors abroad, to provide the kind of high-level aggressive support needed to assist U.S. companies to win sales, contracts, investment and joint venture deals in today’s competitive global environment. Thanks to the USCIB member companies and others in the business community who provide valuable input to this important study.

ICT Policy – Promoting Sound Policies for New Technologies

USCIB Discourages Regulatory Overreach in Comments to ITU: USCIB filed comments with the International Telecommunications Union (ITU) on August 14, 2017 as part of the its public consultation on “Public Policy Considerations for OTTs.” USCIB urged the ITU to avoid expanding its jurisdiction and work programs to include Internet-related issues. USCIB acknowledged the ITU’s primarily technical mission to develop international technical standards and enable telecommunications network interconnectivity, noting that these are the ITU’s “core competencies and uncontested remit that should not be compromised.” Expanding the ITU’s work program to included Internet-related issues is well beyond its remit, core competencies, and budgetary resources, USCIB underscored. USCIB further highlighted: (1) the promise of innovative online services and applications for realizing the economic, developmental, and societal benefit goals set forth in the U.N. Sustainable Development Goals (SDGs); and (2) the related need to ensure an enabling environment for continued innovation and investment in these services.

USCIB Members Promote APEC Electronic Commerce Steering Group (ECSG) Work with EU: Members of USCIB’s ICT Policy Committee made important contributions at the August 20-23 meetings of APEC’s Electronic Commerce Steering Group (ECSG) in Ho Chi Minh City, Vietnam. USCIB’s Barbara Wanner, Vice President, ICT Policy, joined representatives from Apple, C&M International, Cisco, HP, ITI, and The Walt Disney Company. They shared best practices and highlighted the benefits of participating in APEC’s Cross-Border Privacy Rules System (CBPR) via formal presentations, interventions, and informal discussions with other delegates. Highlights of this meeting included: (1) formal announcement that South Korea was approved to become the fifth APEC member economy to participate in the Cross-Border Privacy Rules (CBPR) system and that Singapore had submitted dual applications to be certified under the CBPR system and the complementary Privacy Recognition for Processors (PRP) system; (2) a dialogue with the European Commission concerning possible approaches to realize interoperability of the CBPR and EU General Data Protection Regulation (GDPR); and (3) consideration of a U.S. Government proposal to “Modernize the ECSG.” The latter is aimed at broadening the scope of the ECSG work to addressing issues arising from the digital transformation of the economy.

USCIB Members Engage with OECD Secretariat on Going Digital Project: On September 6, 2017 USCIB hosted a special meeting to enable members to engage with Andrew Wyckoff, Director of the OECD Directorate for Science, Technology and Innovation (STI) in informal discussions about the status of various elements of the OECD’s ambitious Going Digital horizontal project. The OECD’s Committee on Digital Economy Policy (CDEP) will lead this effort, working closely with the Trade and Agriculture Committee and some 12 other OECD committees. Wyckoff encouraged USCIB members to comment on papers that will form the substantive foundation of the Going Digital project as well as to actively intervene during November meetings of the CDEP and its Working Parties. Related to the Going Digital Project, on September 7, USCIB convened a video conference with Rachael Bae, OECD Senior Counsellor for Trade and Agriculture, and her colleagues. The video conference enabled USCIB members to provide feedback and engage in discussions with Bae and colleagues about elements of a draft scoping paper aimed at providing a conceptual framework for thinking about market openness in the digital economy.

USCIB Members Help Develop 2017-2018 Strategy for ICC Digital Economy Commission: Microsoft and USCIB co-hosted the fall meeting of the ICC Digital Economy Commission (ICC-DEC) on September 13-14, 2017, in Washington, D.C.. The meeting featured guest remarks by Susan Ritchie, U.S. Department of State, and Christopher Smart, Harvard Kennedy School’s Mossavar-Rahmani Center for Business and Government. Ritchie discussed the U.S. Government’s digital economy policy priorities and challenges to them in the United Nations, G20/G7, and OECD; Smart explored the difficulties of setting common guidelines for data flows that promote economic and commercial interests while also protecting privacy and security. Joining Barbara Wanner, Vice President, ICT Policy, were USCIB members from Amazon, Apple, AT&T, BT America, CCIA, Facebook, Google, KPMG, Microsoft, Oracle, PayPal, The Walt Disney Company, TMG, and Verizon. They made important contributions to ICC-DEC discussions concerning: (1) prime international forums at which to advocate the ICC policy statement on ICT, Policy and Sustainable Economic Development; (2) application of technology in financial services; (3) real-time business transaction controls; (4) identity management for business; (4) effective engagement on cybersecurity; (5) navigating policy dialogues on Artificial Intelligence (AI) and creating a special ICC-DEC Working Group to take this work forward; (6) preparing for the 2018 ITU Plenipotentiary; (7) and developing a roadmap of activities and targeted forums at which to promote the ICC’s vision of an enabling environment for ICT investment and innovation.

USCIB Supports Continuation of EU-US Privacy Shield Framework: On September 15, 2017 – the eve of the first joint review of the EU-U.S. Privacy Shield Framework — USCIB reaffirmed support for the Framework and issued a statement underscoring its importance in ensuring continued robust and reliable transatlantic data flows, which have proved vital for healthy U.S.-EU commercial relations. USCIB highlighted three important points for consideration in the Annual Review: (1) the Framework is realizing stronger personal data protections; (2) the Framework is serving as an effective mechanism for certification by Small and Medium Enterprises (SMEs); and (3) the longevity of the Framework remains important.

Tax – Advancing Tax Policies that Promote U.S. Competitiveness 

USCIB Represents Members at OECD VAT/TAG Meeting: Carol Doran Klein, USCIB Vice President and International Tax Counsel, participated in the recent VAT/TAG meeting where the TAG discussed issues relating to collecting VAT on transactions that take place on platforms. As this was an initial discussion of platforms most of the discussion related to the operation of various business models. There is concern that collecting the proper amount of VAT in the context of platforms is difficult as the information on the customer and supply may be separate from the payment. These issues would be similar to the issues that would arise in the context of some of the proposals that have been floated as methods to increase the amount of tax paid on digital transactions.

USCIB Submits Letters to OECD on Profits Splits and Attribution of Profits to Permanent Establishments. USCIB submitted comment letters on the discussion drafts on profit splits and profit attribution. The letters both emphasized the lack of detailed guidance in areas where detailed guidance is needed. The profit split letter also pointed out the guidance might create a de facto preference for profit splits in cases in which other methods would be more appropriate. The letter on the profit attribution guidance pointed out that the discussion draft seemed to move away from the Authorized OECD Approach. The move away from the AOA and lack of detail may lead to increased disputes as countries interpret the guidance in various inconsistent ways.

Customs and Trade Facilitation – Reducing Barriers and Costs from Customs and Border Control Practices


Speakers from USTR, CBP, USAID Meet with USCIB Customs Committee: The September 20, 2017, USCIB Customs and Trade Facilitation Committee Meeting featured six speakers, including five from the U.S. Government. Jason Bernstein, USTR Director of Customs Affairs, World Trade, and Christina Kopitopoulos, USTR Director for Customs and Trade Affairs, provided an update on the status of the Customs chapters in the ongoing NAFTA modernization process. Jose Raul Perales, Deputy Director of the Global Alliance for Trade Facilitation, and Virginia Brown, USAID Director, Office of Trade and Regulatory Reform, discussed the latest in the work of the Global Alliance for Trade Facilitation, as well as its next projects. Finally, Kristin Isabelli U.S. CBP Congressional Liaison Specialist, and Michael Schreffler, U.S. CBP International Trade Liaison, discussed their team, the WCO E-Commerce Working Group, and the COAC E-Commerce/Section 321 Working Group.

Corporate Responsibility and Labor Affairs – Shaping the Development of CR Principles and Increasing Awareness of Business’s Positive Social Contributions

Corporate Responsibility and Labor Affairs Committee Hears from Martha Newton, Department of Labor: USCIB’s Corporate Responsibility and Labor Affairs Committee met on September 11-12, 2017, in Washington D.C., under the direction of Gabriella Rigg Herzog, USCIB Vice President of Corporate Responsibility and Labor Affairs. Hosted by Baker McKenzie, the meeting was attended by over 50 representatives from member companies, and speakers included a variety of U.S. government officials, civil society and industry. Martha Newton, the newly appointed Deputy Undersecretary for International Affairs at the U.S. Department of Labor (DOL) spoke about the engagement between DOL’s International Labor Affairs Bureau (ILAB) and U.S. business, and other DOL officials demonstrated the newly-launched “Comply Chain” app, a toolkit for responsible business. Members also heard from officials from USAID on partnerships with the private sector, and Lewis Karesh of USTR and Steve Moody of the State Department spoke on trade and labor. Several other USCIB members and civil society organizations served as guest speakers, touching on the UN Business & Human Rights Forum, the 2017 International Labour Conference, the future of work, and other topics.

USCIB leads Symposium on Business and Human Rights: In partnership with Article One and Barrick Gold, and hosted by Marriott International, USCIB coordinated a “Symposium on Human Rights and Remedy in Business Relationships with Limited Leverage” on September 13, 2017 in Washington, D.C. Attended by over 70 business representatives, as well as U.S. government officials and civil society, the symposium discussed stakeholder expectations for business, brainstormed on how to increase trust between stakeholders and business on the issue of leverage, the challenge of defining remedy, and moving from theory to action around key issues like performance, timing and achieving scale. Speakers included representatives from Mars, Inc., The Walt Disney Company as well as the Global Business Initiative (GBI) and the International Finance Corporation (IFC).

USCIB Foundation Organizes Roundtable on Apprenticeships: In partnership with the Global Apprenticeship Network (GAN) and the U.S. Department of Labor, and hosted by the Citi Foundation, USCIB held a Roundtable on Apprenticeships on July 20, 2017 in New York City. Participants discussed apprenticeship models and practice in the U.S. and included representatives of approximately 25 companies who are either actively implementing apprenticeship programs or are interested in getting started. The keynote remarks were given by John Ladd, the Administrator for the Office of Apprenticeship of the US Department of Labor. Apprenticeships were a priority with the previous U.S. Administration, and continue to be so with the new Administration. Underscoring that commitment, President Trump and Labor Secretary Alexander Acosta have launched a series of initiatives that call on Congress to pass reforms expanding apprenticeships and raise awareness about the fact that there are important, very viable career paths outside of the traditional four-year college experience. Apprenticeships are also a priority for the B20 and G20 leaders. USCIB has compiled a White Paper from the roundtable, available here

Competition – Creating Global Legal Practices for an Open and Competitive Business Environment

ICC/USCIB Competition Meeting Hosts DOJ Antitrust Expert: USCIB’s Competition Committee held its annual joint meeting on September 11, 2017 in partnership with the International Chamber of Commerce (ICC) Commission on Competition. Introductory remarks included comments by Paul Lugard, partner, Barker Botts LLP and chair of the ICC Competition Commission, and John Taladay, partner, Baker Botts LLP and chair of the USCIB Competition Committee. The meeting included an off-the-record exchange of views with Bernard A. Nigro, Jr., deputy assistant attorney general, U.S. Department of Justice, antitrust division, on issues of relevance to USCIB membership, including international engagement, trade related competition issues and mergers. The remainder of the meeting provided updates on the ongoing projects of the various task forces of the ICC Competition Commission, including on compliance and advocacy, merger control regimes, due process, the International Competition Network (ICN), cartels and leniency, and court proceeding in antitrust damage claims. Finally, the membership received an update on ASEAN competition issues by Hatasakdi Na Pombejra from HN Pro International, who presented on behalf of ICC Thailand.

Membership

  • Membership Meetings: USCIB President and CEO, along with the membership department and policy staff met with representatives from member companies CenturyLink, 3M, Sidley Austin, Chubb and DIAGEO to develop our understanding of their policy priorities for the next year and beyond, and to see how USCIB can better serve their policy needs.
  • New Members: USCIB has recently welcomed Barrick Gold, Comcast, Cooley LLP, and Gilead Sciences as new members.

Upcoming Events:

    • ICC Commission on Corporate Responsibility and Anti-Corruption Meeting, Paris, France – October 3
    • USCIB ICT Policy Committee Meeting, Washington, D.C. – October 4
    • UNCTAD 2017 High-Level conference on International Investment Agreements, Geneva, Switzerland – Oct 9-11
    • World Telecommunication Development Conference (WTDC-17), Buenos Aires, Argentina, October 9-20
    • USCIB Environment Committee/Product Policy Working Group Joint Meeting, Washington, D.C. – October 12
    • OECD Freedom of Investment Roundtable, Paris, France – October 12
    • BIAC Consultation with OECD Investment Committee, Paris, France – October 17
    • USCIB IP and Innovation Committee Re-Launch Event, Washington, D.C. – October 18
    • BIAC Finance Task Force Meeting, Paris, France – October 20
    • USCIB Digital Trade Working Group Meeting, Washington, D.C. – October 23
    • OECD Working Party on State Ownership and Privatization Practices Meeting, Paris – France October, 23-24
    • BIAC Employment, Labor & Social Affairs Committee Meeting, Paris, France – October 24
    • ICANN 60, Abu Dhabi, UAE, October 28-November 3
    • Meeting of the OECD Working Party on Security and Privacy in the Digital Economy (SPDE), Paris, France – October 30-31
    • OECD Corporate Governance Committee Meeting, Paris, France – November 2
    • Meeting of the OECD Working Party on Communications Infrastructures and Services Policy (CISP), Paris, France – November 2-3
    • Meeting of the OECD Working Party on Measurement and Analysis of the Digital Economy (MADE), Paris, France – November 2-3
    • ICC Commission on Customs and Trade Facilitation, Paris, France – November 9-10
    • Meeting of the OECD Committee on Digital Economy Policy (CDEP), Paris, France, November 21-22

  • Eleventh WTO Ministerial Conference, Buenos Aires, Argentina – December 10 – 13
  • Internet Governance Forum (IGF), Geneva, Switzerland – December 18-21

 

USCIB Policy and Program Staff

Rob Mulligan
Senior Vice President, Policy and Government Affairs
202-682-7375 or rmulligan@uscib.org

Erin Breitenbucher
Senior Policy and Program Associate and Office Manager, Washington
202-682-7465 or ebreitenbucher@uscib.org

Norine Kennedy
Vice President, Strategic International Engagement, Energy and Environment
212-703-5052 or nkennedy@uscib.org

Shaun Donnelly
Vice President, Investment and Financial Services
202-682-1221 or sdonnelly@uscib.org

Elizabeth Kim
Policy and Program Assistant, New York
212-703-5095 or ekim@uscib.org

Megan Giblin
Director, Customs and Trade Facilitation
202-371-9235 or mgiblin@uscib.org

Carol Doran Klein
Vice President and International Tax Counsel
202-682-7376 or cdklein@uscib.org

Ronnie Goldberg
Senior Counsel
212-703-5057 or rgoldberg@uscib.org

Mia Lauter
Policy and Program Assistant, New York
212-703-5082 or mlauter@uscib.org

Eva Hampl
Director, Investment, Trade and Financial Services
202-682-0051 or ehampl@uscib.org

Mike Michener
Vice President, Product Policy and Innovation
202-617-3159 or mmichener

Alison Hoiem
Senior Director, Member Services
202-682-1291 or ahoiem@uscib.org

Chris Olsen
Policy and Program Assistant, Washington
202-617-3156 or colsen@uscib.org

Gabriella Rigg Herzog
Vice President, Corporate Responsibility and Labor Affairs
212-703-5056 or gherzog@uscib.org

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Jonathan Huneke
Vice President, Communications and Public Affairs
212-703-5043 or jhuneke@uscib.org

Kira Yevtukhova
Communications Manager
202-617-3160 or kyevtukhova@uscib.org

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USCIB Highlights US Business Stake and Voice at UNGA Opening

Published on October 3, 2017

After the high level opening week of this year’s 72nd United Nations General Assembly (UNGA), USCIB is moving ahead to draw attention to U.S. business accomplishments and recommendations as the UNGA now moves into its longer-term deliberations.

This year’s UNGA got underway during a time of stresses and strains in the international community. The nature of these stresses is particularly acute for the U.S. business community: a growing need for financing and investment in infrastructure, the open trading system called into question, and calls by some for a retreat from engagement in multilateral forums. How does American business plan for these challenges in the international marketplace, and where can we make the biggest difference?

The 72nd UNGA is a particularly relevant forum for USCIB this year because it provides platform to begin addressing these very questions through the lens of the UN’s 2030 Development Agenda and its 17 Sustainable Development Goals (SDGs). This year’s UNGA is also compelling because of the opportunities that UN reform proposals by Secretary General Guterres and others could offer to strengthen business access and enabling frameworks for business action.

In the face of challenges such as global unemployment, climate change and population growth, USCIB events last week spotlighted our members’ view that the SDGs are “must-wins” for the United States and for the American business community. While economic growth abroad helps create jobs at home, open markets and policies that foster private investment offers new markets for our products. In USCIB’s view, private sector-led innovation aimed at improved sustainability gives the U.S. a leg-up in global competition while advancing investment in energy sources and new technologies to combat climate change.

USCIB’s side events and messaging during UNGA’s high-level opening week also emphasized multilateral solutions to global challenges, with USCIB policy experts and its members constructively contributing to dialogues and forming close working relationship with both U.S. government and UN representatives to advance U.S. business contributions to sustainable development. USCIB’s commitment to the SDG’s was reflected in its theme, “Business Makes It Happen.” This continuing theme will emphasize that achieving the SDG’s relies on strong involvement, commitment and incentives for the private sector.

This newsletter consolidates summaries of USCIB-related side-events and activities during UNGA opening week and outlines outcomes and next steps.

For questions regarding USCIB’s work on Sustainable Development, please contact Norine Kennedy, vice president for strategic international engagement, energy and climate change: nkennedy@uscib.org.

USCIB Partners With Global Business Organizations at UNGA Opening Week

Published on October 3, 2017
ICC Secretary General John Danilovich opens the UN SDG Business Forum in July 2017

USCIB is proud of its affiliations with leading global business organizations in the multilateral system and had the privilege to work with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to make the case for recognized opportunities for the private sector to cooperate and dialogue with the UN across the range of issues covered by the 2030 Agenda for Sustainable Development.

International Chamber of Commerce (ICC)

This year marked ICC’s first UNGA session attending as a recognized observer organization. ICC’s delegation was led by ICC Chairman Sunil Bharti Mittal and included ICC executive board members and ICC Secretary General John Danilovich.  ICC’s planned engagement was intended to firmly establish ICC’s presence at the UN as the definitive voice of global business – building on engagement at this year’s UN Financing for Development Forum in May and the High-Level Political Forum in July.

ICC drew on the work of several ICC Commissions to inform deliberations on the Sustainable Development Goals (SDG’s) – from the important role of digital technologies in delivering the SDG’s to ICC’s trade facilitation activities, to its efforts to promote small and medium sized companies in trade and other commercial activities. ICC involvement during the UNGA’s opening week included:

-ICC High-Level week side-event, in conjunction with the governments of Indonesia, Norway and Mexico, as well as UNDESA and the Mobile association GSMA.

-Joining events on Digital Entrepreneurship for 2030,  the UN Innovation Summit, and the UN private Sector to discuss the role of private sector technology and innovation in implementing the SDG’s.

As in previous years, ICC played a leading role in the Concordia Summit, specifically in the session on “Innovative Financing Solutions to achieve SDG’s.”

International Organization of Employers (IOE)

USCIB President and CEO Peter M Robinson, who also serves as regional vice president for North America for the IOE, represented IOE during several employer-organized side-events, including the launch of the Equal Pay International Coalition (EPIC). EPIC is a strategic multi-stakeholder partnership founded by the International Labor Organization (ILO), UN Women and the Organization for Economic Cooperation and Development (OECD) to assist UN Member States in achieving the SDG’s, specifically those that promote gender equality and women’s empowerment.

Robinson spoke on a panel on “Drawing top talent for innovation and growth at leading businesses through equal pay policies,” alongside business leaders from IKEA, Accenture, Barclay’s, GAP and Catalyst. Robinson emphasized the compelling business and economic case for unleashing women’s skills and talents and empowering women to enjoy equal access to job opportunities and career advancement. Rather than increasing regulation and legislation, Robinson pointed out that solutions for closing gender parity gaps include a better understanding of the barriers behind such gaps, with cultural and legal barriers differing widely among countries.

“The IOE, with its global membership, is well positioned to help in this regard in both education and advocacy: it is able to share and leverage the experiences of its membership in providing practical services to members and in informing and advising governments and international organizations on policy actions,” said Robinson.

Robinson also represented employers at an Alliance 8.7 launch of the ILO’s Modern Slavery and Child Labor Global Estimates where he provided insight on the position of employers with regards to child labor and forced labor. In his remarks, Robinson emphasized the continued dedication of employers to eradicate child labor and forced labor, noting the importance of collaboration between governments and the private sector, especially given the complexity of today’s global supply chains.

“While the primary responsibility lies with governments to establish and enforce national labor laws, business also has a desire and responsibility to do what it can to respect and follow those laws and looks forward to working with governments and other civil society actors in the shared fight to eliminate child and forced labor,” said Robinson.

The new Modern Slavery Global Estimates encompass forced labor and forced marriage and it is the first time such research was conducted. The ILO and the Walk Free Foundation jointly published the new Modern Slavery Global Estimates. Additionally, the new Child Labor estimates will be an update to the Global Estimates on Child Labor published by the ILO in 2012.

Multilateral Effort Needed to Address Tax in Digital Economy

Published on October 2, 2017

In response to recent European Union proposals concerning taxation of the digital economy, Business at OECD (BIAC) expressed deep concerns that unilateral action for the taxation of the digital economy will lead to serious distortions in markets and global value chains.

“Business at OECD representing corporate communities across the globe is fully and constructively engaged in the OECD/G20 process to address Base Erosion and Profit Shifting (BEPS), including Action 1 on the digital economy”, confirmed Business at OECD Secretary General Bernhard Welschke. “We recognize there are important and complex issues concerning the digitalization of our economies. However, unilateral action in this field will lead to costly fragmentation and threatens to diminish the considerable potential for growth and innovation,” he added.

Welschke noted that only a comprehensive multilateral engagement between tax authorities, taxpayers and other stakeholders will lead to outcomes that support a successful digital transformation. “Therefore, the OECD is the most appropriate forum in which to pursue this engagement, and we encourage all countries to participate in this multilateral effort,” explained Welschke.

USCIB’s tax expert Carol Doran Klein also noted: “For business to flourish in the digital economy, tax rules must be implemented in a coherent and coordinated manner. USCIB worked actively through BIAC to shape the BEPS work toward this end. Fragmented rules are likely to result in double taxation and a negative impact on global trade and Investment.”

WTO Meetings in Geneva Set the Stage for Upcoming Ministerial

Published on October 2, 2017

As governments begin to prepare for the upcoming World Trade Organization (WTO) Ministerial (MC 11) in December, USCIB Senior Vice President Rob Mulligan traveled to Geneva last week for the WTO’s annual Public Forum, as well as related meetings organized by the International Chamber of Commerce (ICC).  Mulligan also met separately with a range of officials from the WTO, U.S. government, foreign governments and international organizations.

The issues mentioned most often in these meetings as having the potential for some type of action at the Ministerial included investment facilitation, fisheries subsidies, e-commerce, services facilitation and agriculture.  However, it also seems that each of these are facing challenges that could prevent a deliverable at MC 11.

Discussions during the Public Forum around the impact of trade often looked at the impact of technology and the need for better approaches to education and training, as well as more effective safety nets for those losing jobs. Additionally, some countries, including the United States, voiced the need for institutional reform at the WTO. According to Mulligan, it was suggested that business could play an important role in pressing for reforms.

“While the Ministerial may not produce a number of deliverables, business engagement will be needed to ensure that the WTO moves forward after the Ministerial on issues that address meaningful concerns with the global trading system,” said Mulligan. “This will be important to preserving the relevance and value of the WTO in opening global markets,” he added.

In addition to the Public Forum, ICC hosted a panel that highlighted the report they had sponsored in March with a range of ideas for the WTO to take up at the December Ministerial.  Panelists also discussed the importance of investment protections and cross-border data flows to business.  ICC noted that they will be working with the government of Argentina in organizing a Business Day in Buenos Aires on December 12 that will deliver recommendations to the WTO on future work.

This year’s WTO Ministerial will be hosted by Argentina.

USCIB Strengthens Business Voice at UNGA

Published on September 26, 2017

The high-level portion of the 72nd United Nations General Assembly (UNGA) wrapped up last week in New York, attended by President Donald Trump and other heads of state, and featuring numerous parallel events involving business and business issues.

For the first time, USCIB convened a series of meetings during UNGA week to highlight challenges and opportunities for the U.S. business community in advancing inclusive growth and sustainable development, working with the United Nations, and the importance of partnering with the U.S. government in advancing economic and other benefits at home and abroad.  USCIB events highlighted key U.S. business recommendations and involvement to advance the UN Sustainable Development Goals (SDG’s), inform climate change policy and implementation, and advance inclusive business engagement as part of UN reform.

These discussions explored the “ingredients for impact” to catalyze business contributions to the SDG’s under the theme, “Business Makes It Happen.”   Over the course of the week, USCIB worked closely with and welcomed representatives of the U.S Department of State, the Office for Management and Budget, the U.S. Agency for International Development (USAID) and the U.S. Mission to the United Nations.

USCIB organized 2 Breakfast Roundtables on:

  • Data analytics for SDGs and national reports, and
  • Public private partnerships for SDG impact
OECD Secretary General Angel Gurria speaks at one of USCIB’s UNGA side-events

USCIB members KPMG, Deloitte and Pfizer hosted USCIB events, which drew high-level participants and speakers including OECD Secretary-General Angel Gurria, Assistant UN Secretary General for Economic and Social Affairs Thomas Gass, Assistant UN Secretary General and Head of the NY office of UN Environment Programme (UNEP) Elliott Harris and Chief of the NY office of the UN Conference on Trade and Development (UNCTAD) Chantal Line Carpentier.  CEO of Novozymes and USCIB Board member and sustainability champion Peder Holk Nielsen presided over USCIB’s UNGA week wrap up event.

In addition to USCIB-organized events, USCIB was honored to work with the International Chamber of Commerce (ICC) and to represent the International Organization of Employers (IOE) in the launch of two important initiatives: the Equal Pay International Coalition (EPIC) and the ILO Alliance 8.7 study, “Global Estimates on Modern Slavery.”

USCIB joined forces with Business Fights Poverty to co-host the September 18 Business Fights Poverty Conference, “Rethinking Collaboration for the SDG’s”.

A full review of these meetings, their recommendations and next steps, as well as other USCIB involvement in UNGA week will be shared later this week.

USCIB’s Statement on China Urges WTO Compliance

Published on September 25, 2017

As China continues to grow in importance in the global economy, it is crucial for the Chinese and U.S. governments to continue to work together to address common challenges and responsibilities. In view of this, USCIB has recently submitted a statement to the United States Trade Representative (USTR) on China’s compliance with its World Trade Organization (WTO) commitments, which incorporated a wide array of input from USCIB members across various sectors.

In the statement, which is submitted annually, USCIB commended the U.S. and Chinese governments for important work in on-going bilateral dialogues, as well as in support of working relationships between U.S. and Chinese agencies which provide invaluable opportunities for exchanging information and addressing agency-specific issues. The statement addressed important issues to U.S. business including taxation, customs and trade facilitation, information technology and intellectual property rights. Furthermore, it advocated for continuing negotiations of a Bilateral Investment Treaty (BIT) between the U.S. and China.

“We also urge both countries to utilize the full range of multilateral forums in addition to the WTO, including the Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations,” said Eva Hampl, who leads USCIB’s work on China.

“While USCIB acknowledges the efforts China has made since joining the WTO in 2001 to meet its obligations under the terms of its accession agreement, there still remain significant WTO obligation compliance concerns,” added Hampl. These concerns include government procurement, trade restrictions in information technology and continued intellectual property violations in audiovisual, software, agriculture biotechnology and chemicals.

The full statement is available here.

USCIB Hosts Business & Human Rights Symposium

Published on September 18, 2017
L-R: Jonathan Drimmer (Barrick Gold), Sarah McGrath (ICAR), Ariel Meyerstein (Citi and formely, USCIB), Gabriella Rigg Herzog (USCIB)

USCIB teamed up with Barrick Gold and Article One Advisors on September 13 to hold a symposium—Human Rights and Remedy in Business Relationships with Limited Leverage. The symposium was hosted by Marriott International and held under Chatham House Rule.

Businesses often have different types of leverage that can be used to help promote corporate responsibility and respect for human rights in their operations and with their business relationships. Contracts provide a clear source of leverage, such as agreements with business partners or sourcing agreements with direct suppliers. This leverage can also extend to using business relationships influence to help promote greater access to judicial and non-judicial remedy for victims – in keeping with the United Nations Guiding Principles on Security and Human Rights (aka Guiding Principles).

“First and foremost, the Guiding Principles set out the critical duty of States to protect the human rights of their citizens through the development and enforcement of national laws,” noted Gabriella Rigg Herzog, USCIB’s vice president for corporate responsibility and labor affairs. “They also include the corporate responsibility to respect human rights and operate with due diligence, and the need for greater access to remedy for victims of alleged human rights abuse,” she added.

But what happens if a business’s leverage is limited? How can a company identify new ways to exercise leverage – especially when it relates to promoting respect for human rights and greater access to remedy – when faced with leverage-limiting scenarios franchises, licensing, sponsorships and non-operated joint ventures?

These questions were the focus of the symposium, which was attended by over 70 representatives of business, U.S. government and civil society. Presenters representing industries as diverse as extractives, hospitality and banking, as well as civil society, discussed stakeholder expectations for business, brainstormed on how to increase trust between stakeholders and business on the issue of leverage, the challenge of defining remedy, and moving from theory to action around key issues like performance, timing and achieving scale.

“Our conversation today is a continuation of the important business and human rights dialogue series launched by Coca-Cola, and which USCIB – together with the International Organization of Employers and the U.S. Chamber of Commerce – has been proud to co-sponsor,” said USCIB President and CEO Peter M Robinson. “And while we won’t likely resolve all of these important questions today, we’re proud to participate in this dialogue and we’ll look forward to seeing you all and continuing the conversation together in Geneva this November at the UN Annual Forum on Business and Human Rights – and beyond.”