USCIB Warns Against Tariffs on Vietnam at USTR Public Hearing

As the U.S. Trade Representative (USTR) conducts its Section 301 investigation on Vietnam’s currency valuation, USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl testified before USTR at a public hearing on December 29, warning USTR that tariffs on Vietnamese goods would be detrimental to both American companies and consumers.

“Putting in place trade penalties, such as additional tariffs against Vietnam, would further work against the supply chain and national security interests of the United States,” said Hampl. “At a time when policymakers, companies, and non-government stakeholders have coalesced around the need for trustworthy and resilient supply chains, Vietnam is strongly positioned to play a leading role in that ecosystem. It is an increasingly important security partner of the United States and possesses strong capabilities in technology manufacturing. Vietnam’s presence in supply chains can serve as a complement to manufacturing in other trustworthy locations in Asia and other regions, including the United States.”

Other agencies represented on the panel included the U.S. Departments of Commerce/International Trade Administration, State, Treasury, Agriculture, and the Small Business Administration (SBA). Hampl received several follow-up questions to her testimony from State Department Foreign Service Officer Carter Wilbur.

According to Hampl, the majority of the witnesses pushed back against the use of tariffs in their comments to address any issues related to currency valuation. In a report released just a week before the hearing, Treasury labeled Vietnam as a currency manipulator. Most of the witnesses during the hearing indicated that whether or not this may be true, tariffs are not the appropriate vehicle to address this issue. Moreover, there should be deference to the Treasury process in resolving any currency related concerns.

USCIB Announces 2021 Priority Issues for Asia-Pacific Economic Cooperation (APEC)

Washington D.C., January 5, 2020 — The United States Council for International Business (USCIB), which represents many of America’s leading global companies, appreciates and welcomes the committed partnerships that the Asia-Pacific Economic Cooperation (APEC) has established with the private sector to address the many economic, trade and regulatory opportunities available to foster greater integration between APEC’s twenty-one member economies. Each year, USCIB issues a statement outlining priorities and recommendations that USCIB and its members would like to see advanced in that particular APEC year; we are pleased to announce and make available our 2021 APEC Priority Issues and Recommendations paper:

USCIB commends the leadership of Malaysia in 2020, particularly under the challenging circumstances of adjusting to virtual meetings in the face of an unprecedented global pandemic. Our members see the New Zealand host year as an important opportunity to continue essential work in APEC working groups and to set topics for major outcomes and deliverables. USCIB members are eager to learn more about key initiatives for New Zealand during its host year and how business can help achieve these initiatives. Further, USCIB members are looking forward to Thailand’s host year in 2022. We stand ready to provide relevant inputs into the establishment of goals and objectives. The policy priorities of USCIB reflect our longstanding and overarching objectives of promoting open markets, competitiveness and innovation, sustainable development, and corporate responsibility. The priorities and recommendations detailed in this document are practical recommendations that can be taken to address some of the challenges for governments and businesses in the APEC region.

There remain ongoing global business concerns that the U.S. government and APEC Business Advisory Council (ABAC) members should consider as they identify priorities for the upcoming year. USCIB members have identified key issues that are detailed in this paper. We view this APEC Priority Issues and Recommendations policy paper as a “living document”, which is updated on an annual basis at the time of the CEO Summit, and as necessary following Senior Official Meetings throughout the year. The priorities in this statement are not exhaustive, in many cases they are “living issues”, and we will continue to work with our members on emerging and developing issues. We would be pleased to address any questions and discuss any of these recommendations in greater detail.

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 the International Chamber of Commerce (ICC), the International Organization of Employers, and Business at OECD (known as BIAC), USCIB helps to provide 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.

USCIB Hosts Briefing with USG Negotiating Team on Investor-State Dispute Settlement

USCIB hosted a briefing with the U.S. negotiating team on Investor-State Dispute Settlement (ISDS) Reform at the UN Commission on International Trade Law (UNCITRAL) on December 16. UNCITRAL’s Working Group III focuses on the issue at UNCITRAL and held its thirty-ninth session in early October. Members had the opportunity to discuss current developments with Karin Kizer, attorney-advisor in the Office of Private International Law in the Office of the Legal Adviser of the Department of State, and lead negotiator on ISDS Reform at UNCITRAL. She was also joined by Khalil Gharbieh, director for Investment at the Office of the U.S. Trade Representative (USTR), as well as colleagues from the State Department.

“Investment protections are more important than ever, with global Foreign Direct Investment (FDI) having dropped dramatically due to the current crisis,” said USCIB Senior Director for Trade, Investment and Financial Servcies Eva Hampl. “Increasing investment flows should be a priority for countries as they look to recover from the pandemic. Mechanisms like ISDS are critical in ensuring that investors have adequate recourse as they invest in foreign markets, and are a factor as decisions are made where to invest.”

According to Hampl, the discussions at UNCITRAL are driven by the European Union’s proposal for a multilateral investment court, a proposal that reared its head during the negotiations of a Transatlantic Trade and Investment Partnership (TTIP). USCIB, having official observer status at UNCITRAL, has been an active participant in the meetings of the working group, most recently at the meetings in October.

Subsequent to the meetings, USCIB together with the Corporate Counsel International Arbitration Group (CCIAG) submitted comments on Appointment of Arbitrators, Appellate Mechanism, and Enforcement.

The next session is scheduled to take place February 8-12, 2021 in Vienna.

USCIB Encourages Biden Environmental Nominees to Engage on Multilateral Issues

New York, N.Y., December 18, 2020: The United States Council for International Business (USCIB) issued a statement today by its President and CEO, Peter Robinson, commending the nominations of Michael Regan, for Administrator of the U.S. Environmental Protection Agency (US EPA) and Brenda Mallory to lead the White House Council on Environmental Quality (CEQ).

“USCIB members are strongly committed to advancing environmental protection through innovation and investment in the global marketplace. We believe that EPA and CEQ play crucial roles in shaping U.S. international environmental policy, not just in connection with climate change but in other priority areas, such as pursuing nature-based solutions, circular economies and responsible chemicals risk management. 2021 will be a year of important decision-points in the multilateral system, looking ahead to the fifth UN Environment Assembly and eventual thirty-year anniversary of the Rio Earth Summit; vigorous U.S. engagement in those deliberations will be vital for economic prosperity and environmental stewardship at home and abroad.

“USCIB sees opportunities to pursue synergies across international and domestic actions for enhanced environmental benefits, and advance the UN Sustainable Development Goals (SDGs), delivering a recovery that improves environmental quality, creates jobs and stimulates public-private partnerships. Since 1992, USCIB has represented U.S. business in support of the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement. In addition, USCIB has been the voice of American business at the UN Environment Programme (UNEP), the Strategic Approach to International Chemicals Management (SAICM), and other multilateral environmental deliberations and forums. USCIB is fully committed to international cooperation and to partnership with our government to advance American private sector-driven economic prosperity and environmental stewardship at home and abroad. In our view, it is critical to continue to focus on and champion substantive engagement of U.S. business across the UN system on key environmental topics.

“USCIB and its members are ready to assist the incoming Administration to develop and implement market-oriented environmental solutions and measures, working with the international community and in consultation with the American private sector. As the U.S. affiliate of Business at OECD (BIAC), the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE), and with its own standing at the UNFCCC, UNEP and at the UN Economic and Social Council (ECOSOC), USCIB is uniquely placed to scale and amplify these opportunities across the UN system, and in the OECD and the WTO.”

About USCIB: USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation. Its members include U.S.-based global companies and professional services firms with operations in every region of the world. As the U.S. affiliate of leading international business organizations and as the sole U.S. business group with standing in ECOSOC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment. More at www.uscib.org.

Policy Contact: VP for Strategic International Engagement, Energy and Environment Norine Kennedy (nkennedy@uscib.org)

USCIB Discusses USMCA Labor Provision With USTR’s Lewis Karesh

USCIB members met for a briefing with Lewis Karesh, who serves as Assistant U.S. Trade Representative for Labor, to discuss the status of the latest developments regarding the implementation of the labor provisions of the US-Mexico-Canada Agreement (USMCA). The December 10 briefing with Karesh, who was the lead negotiator of the USMCA labor chapter, provided members a detailed overview of the new provisions in the agreement, including the newest feature, the Rapid Response Mechanism, discussing issues related to implementation and next steps to be expected. The meeting was co-organized by the USCIB Corporate Affairs and Labor Committee, as well as the Trade and Investment Committee, and included introductions from the respective Chairs: Laura Rubbo, Disney and Rick Johnston, Citi.

USMCA entered into force July 1 of this year and is currently being implemented. The Labor Chapter is a new provision, establishing a number of new labor requirements for signatory States. Among the enhancements, USMCA prioritizes labor obligations by including them in the core of the agreement and making them fully enforceable, whereas NAFTA labor obligations were contained in a side agreement on labor.

“We appreciated learning more about the USMCA labor chapter elements and their implementation status. Promulgation and effective enforcement of national labor laws that align with international standards should be the norm everywhere, and that certainly should be the case with U.S. trading partners if we are to achieve our shared goal of advancing worker rights globally,” said Gabriella Rigg Herzog, USCIB vice president for corporate responsibility and labor affairs.

The USMCA implementing legislation established an Interagency Labor Committee for Monitoring and Enforcement, co-chaired by USTR and the Department of Labor, to coordinate U.S. implementation of its labor obligations, monitor Mexico’s labor law reforms and enforce USMCA labor provisions where necessary. “Implementation and enforcement of trade agreements is key to how effective their negotiated provisions will be for companies” commented Eva Hampl, USCIB senior director of investment, trade and financial services. “The North American market covered by USMCA is extremely important to our members and their ability to continue to be able to compete in the global market place. Effective implementation of all provisions, including the Labor Chapter, is a top priority.”

Donnelly Advocates for Investment, Investor-State Dispute Settlement

USCIB Senior Advisor Shaun Donnelly was a panelist in a two half-day virtual Forum on Investor-State Mediation December 8-9 organized by the British Institute of International and Comparative Law (BIICL). The conference brought together international arbitrators, mediators, academics and investment experts. Donnelly’s panel, wrapping up the conference, was focused on “Future of ISDS Mediation: Climate Change, COVID-19 and the Potential Surge of Investor State Disputes.” ISDS (Investor-State Dispute Settlement) is the arbitration enforcement provisions commonly found in international investment agreements. 

Donnelly, the lone business voice on a panel with ISDS skeptics from NGOs and academia, emphasized the importance of private sector investment, including Foreign Direct Investment (FDI), to drive global economic recovery, growth, trade and jobs. 

“Investment agreements with strong investor-state dispute  settlement provisions can be key to incentivizing investment flows,” said Donnelly.  Donnelly also challenged critics to show any recent surge of ISDS cases, noting investors are generally acting responsibly and assisting host governments in dealing with the daunting health and economic crises. He endorsed serious mediation efforts as an additional tool, but not as a substitute for, to support strong investment agreements in resolving disputes. 

“If early, time-limited, voluntary mediation can solve problems, resolve disputes, cut costs, and speed decisions, great!” he added.  “I enjoyed the opportunity to participate in a very interesting, very international conference focused on mediation as potential tool to help resolve investment disputes,” Donnelly said. “It was important for business voices to be there with lawyers, arbitrators and mediators, as well as NGO activist and academics. We had a good exchange. I think effective mediation could be a useful tool in some cases but it has to be voluntary for the parties and should not be seen as an excuse for radical revisions to international investment agreements and established dispute settlement mechanisms.”        

USCIB Leads Business Dialogue on Climate Change and Trade, Investment and Recovery

The Major Economies Business Forum (BizMEF) held its annual Business Dialogue on December 7, en route to next year’s Glasgow Climate Summit; this year’s BizMEF event was held virtually following the postponement of COP26 in Scotland.  The event, Restoring Momentum, Advancing Synergies – Building Recovery into COP26 with the Private Sector, set the scene for a series of in-depth dialogues in 2021 on trade and climate, climate investment and finance for innovation and national climate pledges that reflect COVID19 impacts and recovery opportunities.

The BizMEF Business Dialogue marked the fifth anniversary of the Paris Agreement and welcomed over seventy participants from government, academia and business.  Opening the session were USCIB CEO and President Peter Robinson and the Chief Strategist for Minority, Policy and Communications of the Climate Select Committee from the U.S. House of Representatives George David Banks.  In his remarks, Banks cautioned against unilateralism and stressed that multilateralism, commercial strategies and leveraging domestic policies will go a long way in realizing the goals of the Paris Agreement.

The dialogue discussed free trade and climate change, including the European Union’s Carbon Border Adjustment mechanism proposal, the impacts and considerations of the COVID-19 pandemic on economic disruption and development of Nationally Determined Contributions (NDCs), as well as climate change finance and investment.

High-level government speakers at the December 7 dialogue included Ignacio Garcia Bercero, from the European Commission Directorate General for Trade, Motoko Ogawa, deputy director of Japan’s Environmental Economy Office and the Ministry of Economy, Trade and Industry (METI) and Switzerland’s lead negotiator for climate finance, Gabriella Blatter.

USCIB is a founding member of BizMEF, an alliance of more than twenty leading multisectoral business groups from OECD and non-OECD countries, including BusinessEurope, Brazil (CNI), France (MEDEF), Japan (Keidanren), CGEM (Morocco), the AI Group (Australia) and others. BizMEF Dialogues at Climate Summits have been held every year since 2012 in Doha, Warsaw, Lima, Katowice, Marrakesh, Bonn and, most recently, in Madrid last year.

Brazil’s Accession to OECD: Robinson Provides Input at “Brazil OECD Business Policy Roundtables”

As Brazil continues its reform efforts to accede to the OECD, USCIB partnered with the Brazil-U.S. Business Council of the U.S. Chamber of Commerce and Brazil’s National Confederation of Industry (CNI) on December 8 to launch a series of Brazil OECD Business Policy Roundtables. The roundtables convene private sector representatives to build sectoral consensus and identify priorities and possible improvements for Brazil.

“The objective of this collaborative effort between the U.S. and Brazilian business communities is to channel private sector input to Brazilian policy makers with the goal of effecting further reforms in line with OECD standards,” said USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl.

USCIB President and CEO Peter Robinson spoke at the event this week and commended the reform efforts that have taken place in Brazil so far as critical to ensuring market access and a level playing field for companies operating in both markets. “Brazil is an important trade partner for the U.S. and therefore a very important market to USCIB members,” said Robinson. “Issues like trade, investment, taxation, intellectual property, and the digital economy are top of mind for our companies as they look to the Brazilian market. We look forward to discussions on all of these important issues with stakeholders in the roundtables following today’s launch event.”

As the U.S. representative to Business at OECD (known as “BIAC”), USCIB has been actively monitoring potential future accessions. Brazil formally requested OECD membership in May of 2017. According to Hampl, since the formal request in 2017, Brazil has taken steps to reform several parts of its economy to meet the OECD’s standards for eventual accession. To date, Brazil has not yet been invited to join the OECD.

In October of this year, the U.S. and Brazil updated the 2011 Agreement on Trade and Economic Cooperation. While not a comprehensive trade agreement, the update included important provisions on customs and trade facilitation, good regulatory practices and anti-corruption.

As with the accession of Colombia to the OECD, USCIB led the U.S. business effort at the OECD to share priorities on reforms. “We look forward to facilitating a similar conversation regarding Brazil,” added Robinson. “This collaborative effort with CNI, our network partner through Business at OECD, as well as the Brazil-U.S. Business Council of the U.S. Chamber, is an important step in discussing what is at stake for business in the economic relationship with Brazil.”

Robinson Delivers Business Perspective on Investment at UNCTAD High-Level Conference

As the leading business speaker at the opening plenary session of the virtual Global Investment Promotion Conference organized by the UN Conference on Trade and Development (UNCTAD) December 7-8, USCIB President and CEO Peter Robinson laid out a clear message on the importance of investment in driving global economic recovery, trade and jobs. 

Robinson shared the virtual dais with UNCTAD Secretary General Mukhisa Kituyi, President of Botswana Mokgweetsi Masisi, Prime Minister of Barbados Mia Mottley, as well as leading business representatives, including the International Chamber of Commerce (ICC) Permanent Observer to the United Nations Andrew Wilson.

Robinson’s remarks on trade focused on Foreign Direct Investment (FDI) and the critical role of governments’ efforts in promoting FDI; he emphasized the importance of a strong investment climate and rule of law as foreign investors evaluate possible foreign investments. Robinson also endorsed UNCTAD’s efforts to build capacity of developing country governments in investment promotion.  According to Robinson, one key element in any investment agreement is access to effective, independent dispute settlement procedures by a potential investor.

“I was honored to be included in the opening panel for UNCTAD’s important virtual conference on investment promotion,” Robinson said. “We appreciate UNCTAD’s work in the critical area of investment policy. UNCTAD has clearly established itself as the global ‘go-to’ source for investment statistics and catalogue of provisions of regional and bilateral investment agreements.  We also greatly support UNCTAD’s efforts to include business perspectives in their conferences, including in panels and debates.  We at USCIB are convinced that FDI flows in all directions are key to getting the global economy back on track. The economy benefits from both inward and outward FDI flows, fostering trade, creating good jobs at home and abroad, as well as bolstering American competitiveness in today’s and tomorrow’s competitive global economy.”

USCIB member and Microsoft’s Vice President for UN Affairs in NY John Frank was a featured speaker on a December 8 panel “Executive Dialogue of Investment Facilitation and Advocacy.”  The Conference program and full list of speakers is available at Global Investment Promotion Conference – World Investment Forum – UNCTAD

USCIB Contributes to Discussion With OECD on China

USCIB participated in a Seminar with the OECD Informal Reflection Group on China as part of the Business at OECD (BIAC) delegation of the China Expert Group on November 27. The BIAC China Expert Group was created for the purpose of contributing expert guidance to China–OECD cooperation in areas that improve the investment climate and overall business environment in China. According to USCIB’s China lead Eva Hampl, who participated in this meeting, the group promotes adherence to OECD instruments and the sharing of knowledge on policy practices, contributing to a more level playing field for all businesses operating both inside and outside of China. It consults annually with the OECD Informal Reflection Group on China, which includes OECD Ambassadors from a wide range of countries. It also works with the OECD’s senior representative in Beijing to help scale–up the OECD presence in China. China is not a member of the OECD but participates in many of its meetings as an observer.

The focus of the discussion was “The OECD and China in the post-COVID scenario. Avoiding decoupling –strengthening resilience.” The business presentation provided an economic assessment, noted the global challenges, and included several so-called reflection topics on technological decoupling, artificial intelligence, state-owned enterprises (SOEs), and supply chain resilience.

Hampl, USCIB Senior Director for Investment, Trade and Financial Services, spoke on the issue of supply chain resilience, highlighting current business challenges globally in the context of the pandemic, as well as specifically related to China.

Hampl encouraged the OECD not to shy away from addressing the difficult issues, highlighting successful OECD workstreams on SOEs and subsidies.

“The relationship with China is complex, multifaceted and can be challenging for business,” stressed Hampl.

The OECD’s December 2020 Economic Outlook released yesterday highlights that China, where the recovery from the pandemic started earlier, is expected to grow strongly at 8% in 2021, accounting for over a third of global growth. Given China’s importance in the global economy, its practices and policies have a significant impact on its trading partners, providing strong incentives to work together to address common challenges and responsibilities.