News Stories Archives

USCIB Concerned Over Draft “Buy American” Executive Order

Published on April 2, 2020

USCIB joined a broad group of national trade associations, as well as state and local organizations, to send a letter to U.S. Department of the Treasury’s Steven T. Mnuchin, U.S. Trade Representative (USTR) Robert Lighthizer, the U.S. Department of Commerce’s Wilbur Ross and the National Economic Council’s Lawrence Kudlow expressing concern over the Administration’s draft “Buy American” executive order.

The group believes that such an order could be counterproductive in the Administration’s ongoing efforts with American allies to respond to the COVID-19 pandemic and warns that the order may delay the discovery of a COVID-19 vaccine and other treatments, worsen shortages of critically-needed medicines and medical products, and undermine prospects for economic recovery.

The letter states: “Now more than ever, U.S. industries require access to international supply chains to produce critically-needed medical products. The United States simply does not produce all of the raw materials or intermediate goods that are essential to drug development or production of the medical equipment needed to thwart this pandemic. Preventing federal agencies from sourcing medical equipment and pharmaceutical ingredients from abroad — or that are made with non U.S. inputs — would only exacerbate the supply shortages racking the United States.”

The coalition also applauded the Administration’s focused response to the pandemic and emphasized that American companies will do whatever it takes to support America’s pandemic response and will continue to work hand in glove with government to get the job done.

USCIB’s Donnelly Retires; Will Take on a Consulting Role 

Published on April 1, 2020
Shaun Donnelly

Vice President for Investment Policy and Financial Services Shaun Donnelly is retiring April 3 after eight and half years at USCIB.

Donnelly came to USCIB in 2011, after an impressive 36-year career as a Department of State Foreign Service Officer followed by shorter stints at two other leading Washington trade associations. Throughout his time at USCIB, Donnelly has been a leading voice for the U.S. and international business communities on a wide range of investment policy issues, speaking out forcefully and publicly, as well as privately, to the U.S. Administration, Congress and in international fora, from the OECD and World Trade Organization (WTO) to the UN Conference on Trade and Development (UNCTAD) and the UN Commission on International Trade Law (UNCITRAL).

Donnelly has also been a sought-after and a provocative speaker at investment conferences and seminars around Washington and around the globe.  But most importantly, Donnelly has always been willing and able to put his experience, his expertise and his rolodex to use to assist USCIB members, collectively and individually.

“It has been a real privilege to have Shaun as part of the USCIB team, and I’m delighted that he will continue on in an advisory role,” said USCIB President and CEO Peter Robinson. “Shaun is a global regulatory diplomat par excellence, never hesitating to stand up for private sector interests in a forceful, rational and compelling way.”

In the State Department’s Foreign Service, Donnelly served eight years as a Deputy Assistant Secretary of State (DAS) in the Bureau of Economic and Business Affairs, at various times leading policy on Trade, Energy and Economic sanctions.  For almost five of those years he was the Principal Deputy Assistant Secretary, the Department’s #3 economic policy official. Donnelly also served as U.S. Ambassador to Sri Lanka and Maldives and as Deputy Ambassador to Tunisia and Mali. In his final U.S. government assignment, Donnelly was detailed to the Office of the U.S. Trade Representative (USTR) as Assistant USTR in charge of Europe and the Middle East, running USTR’s largest regional office.  He retired from the Foreign Service with the personal rank of Career Minister, roughly equivalent to that of three-star general.

“Simply put, it’s time,” Donnelly said.  “It’s been a great run and I have really appreciated the opportunity to work with so many great colleagues at USCIB and in our member companies.”

For us at USCIB, the good news is that Donnelly has agreed to stay on in a consulting role, serving as a senior advisor to Robinson and USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan, as well as to take on a few special projects.

“I look forward to staying involved behind the scenes with USCIB and helping where I can,” said Donnelly. “It’s a great organization and there is still a lot of important, challenging work to do.”

USCIB and Business Fights Poverty Host Virtual Session on COVID-19 Business Impact

Published on March 26, 2020

How can business best deal with the COVID-19 challenge? In an effort to answer this critical question, USCIB partnered with Business Fights Poverty (BFP) to host an online “challenge” discussion on March 19. USCIB Vice President for Innovation and Product Policy Mike Michener was on the panel, joined by USCIB policy staff and representatives of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD.

The USCIB Foundation’s Business Partners for Sustainable Development (BPSD) initiative Executive Director Dr. Scott Ratzan joined BFP’s Co-founder and CEO Zahid Torres-Rahman and Harvard Kennedy School’s Myriam Sidibe for the online discussion, supported by a panel of leading executives from business, civil society, the United Nations and the UK government. The discussion began with an evaluation of the current situation, and the impact on business and others. This was followed by dialogue on the immediate priorities for business, including best practices.  The panel ended by weighing how business can partner with others to support immediate action, and well as longer-term resilience.

Michener said, “We are all in this together, and partnerships are key to solving all of the problems posed by this crisis – health, economic, and protecting the most vulnerable. I appreciated the opportunity to engage in the valuable BFP discussion, and I look forward to continuing the conversation.”

The USCIB Foundation’s program, Business Partnership for Sustainable Development, with Business Fights Poverty.

USCIB Comments on Draft Vertical Merger Guidelines

Published on March 26, 2020

USCIB submitted comments recently on the Draft Vertical Merger Guidelines announced in January by the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ).

In the submission, USCIB indicated that members understand the tremendous procompetitive benefits and efficiencies that can be associated with vertical mergers.

“Our members value transparency and predictability in vertical merger enforcement policy and welcome the agencies’ joint effort to clarify the analytic framework and methods they employ to review vertical mergers,” said USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl. “USCIB applauds the agencies for proposing draft vertical merger guidelines based on the well-established economics of vertical relationships and grounded in the consumer welfare standard.”

The comments are intended to support final guidelines that foster transparency and eliminate unnecessary regulatory obstacles to efficient vertical transactions.

USCIB member Lisa Kimmel, Ph.D., senior counsel, Crowell & Moring LLP, was also invited to participate in one of the public workshops announced by the agencies in February. Unfortunately, those workshops which were scheduled to take place this month, were cancelled due to COVID-19 related measures.

USCIB Talks OECD Accession With New US Ambassador to Brazil   

Published on March 25, 2020
Todd C. Chapman

USCIB trade and investment policy staffers Shaun Donnelly and Eva Hampl had an introductory conference call on March 19 with the recently-confirmed new U.S. Ambassador to Brazil Todd Chapman and State Department Brazil Desk Economist Ben Kalt.  Ambassador Chapman, with whom USCIB worked in the past during Chapman’s earlier appointment as U.S. Ambassador to Ecuador, had hoped to meet in person with USCIB staff and member companies but settled for an introductory call in light of COVID-19 precautions.

According to Donnelly, the Ambassador assured USCIB that the Brazil’s Organization for Economic Cooperation and Development (OECD) accession process will be at the top of his policy agenda throughout his assignment in Brazil.

Donnelly and Hampl outlined USCIB’s role in the OECD accession process, serving as the official voice of U.S. business in all OECD matters, directly and as the U.S. affiliate of the Business at OECD (known as BIAC) business coalition on the ground at the OECD.

“We shared our experiences with the OECD, BIAC, the U.S. Government, the government of Colombia and business leaders on Colombia’s recent OECD accession,” said Donnelly. “We discussed possible modalities for embassy-USCIB cooperation throughout the OECD accession process as well as ways both USCIB and the embassy might work most effectively with CNI, which is Brazil’s largest and most influential business organization.”

USCIB has also worked extensively with CNI–as national committee partners in Business at OECD, as well as in the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and the Major Economies Business Forum (BizMEF) for climate change.

Ambassador Chapman enthusiastically signed up for a meeting with USCIB member companies on one of his early return visits to Washington after he gets settled in Brasilia.

The OECD accession process is a comprehensive, rigorous, and lengthy process, often running three to five years or more, with more than a dozen OECD committees and other bodies each carefully reviewing the candidate country’s laws, regulations, and practices to confirm they are in line with OECD standards.  When all relevant OECD committees and subsidiary bodies are satisfied by the applicant’s “like-mindedness” and commitment to OECD standards, the OECD “Council” of thirty-six ambassadors can formally approve the accession and invite the candidate country to file its binding acceptance of membership.

According to Donnelly, given Brazil’s prominent role in the global economy and, frankly, its history of barriers to foreign goods, services and investments, Brazil’s candidacy will likely attract great interest from OECD member governments and the Business at OECD coalition.  USCIB will be at the head of the line in that business effort.  The Brazil accession case has some important unique aspects, probably most important the strong early endorsement from President Trump personally.

If you have questions, concerns, or recommendations concerning Brazil OECD accession process, please contact Eva Hampl (ehampl@uscib.org) or Shaun Donnelly (sdonnelly@uscib.org).

Hampl Facilitates Discussion on WTO Digital Trade Negotiations

Published on February 25, 2020

World Trade Organization (WTO) members met earlier this month in Geneva for their seventh round of negotiations of a plurilateral agreement on electronic commerce. Negotiations started last year on this critical issue, and there will be two further rounds in Geneva to work toward an outcome by the WTO Ministerial, which will take place in June in Kazakhstan. Following the first round of negotiations this year, USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl moderated a session February 25, in Washington DC around expectations and priorities for the talks leading up to the Ministerial. The panel included representatives from Siemens, IBM, and the office of the U.S. Trade Representative.

“USCIB supports these negotiations to update the WTO’s digital trade framework, including support for a permanent ban on customs duties’ application and other customs processes on electronic transmissions for all WTO members.,” said Hampl. “We are encouraged by progress that was made last year and look forward to a high-standard outcome that includes important issues like data flows and data localization.”

This event was organized by the Association of Women in International Trade (WIIT).

USCIB Urges US Participation in WTO’s Procurement Agreement

Published on February 18, 2020

USCIB joined over twenty industry associations in signing a letter to high-level government officials emphasizing the critical importance of continued U.S. participation in the World Trade Organization (WTO) Government Procurement Agreement (GPA). The letter was sent to United States Trade Representative Robert E. Lighthizer, Secretary of the Treasurer Steven T. Mnuchin, Secretary of Commerce Wilbur Ross, and National Economic Council Director Lawrence Kudlow.

The letter argues that the GPA provides benefits to the U.S. economy, businesses and workforce by empowering the United States to negotiate reciprocal terms under which GPA signatory countries open their government procurement markets to U.S. companies and commit to transparency and procedural protections that support the rule of law.

“The GPA is the only part of the WTO system that provides binding guarantees of the right to sell to foreign governments (which are not covered by other WTO disciplines). The GPA is also unique among WTO plurilateral agreements in that only the forty-seven current country signatories to the agreement benefit from and can enforce its binding commitments,” the letter stated.

Additionally, the letter warns that if the U.S. withdrew from the GPA, it could no longer negotiate the terms under which China could join the GPA. As a result, other GPA signatory countries would be less likely to demand comprehensive access to Chinese government procurement markets.

USCIB Supports Respect for Arbitration Awards in U.S. GSP Program

Published on February 3, 2020
USCIB Vice President Shaun Donnelly (left) and Chevron Supervising Counsel Andres Romero-Delmastro (right) testifying as panelists before the US Government’s GSP Subcommittee

USCIB went on the record at the January 30 Public Hearing of the USTR-led interagency Generalized System of Preferences (GSP) Subcommittee, supporting respect for the GSP eligibility criteria, specifically the need for “respecting and enforcing international arbitral awards.”  USCIB Vice President for Investment Policy Shaun Donnelly joined member company Chevron as the two business experts testifying on the specific issue of Ecuador’s continuing eligibility for GSP in light of the country’s very troubling record in a long-running major investment arbitration case filed by Chevron.

USCIB joined Chevron in recommending that, in light of Ecuador’s continuing refusal to enforce final arbitral awards by the panel, Ecuador’s access to GSP unilateral trade preferences should be suspended until they come into full compliance with those panel orders. According to Donnelly, after a senior official from the Ecuadorian Attorney General’s office presented the government’s case, a senior Chevron attorney detailed the long saga of Ecuadorian non-compliance. Donnelly then offered broader comments to the sub-committee on the important policy implications of Ecuador’s non-compliance and the importance of maintaining and enforcing the clear eligibility criteria laid out in the GSP statute. The Ecuador investment arbitration case was one of nine “country eligibility cases” on the agenda for public comments before the GSP subcommittee in its two-day meeting January 30-31.

“We at USCIB are strong supporters of the GSP program but it is not an entitlement for Ecuador or any other beneficiary developing countries” Donnelly explained.  “When a country refuses over many years to respect legitimate arbitral awards, in this case from an investment arbitral panel under the U.S.-Ecuador Bilateral Investment Treaty (BIT), the U.S. government’s patience must have a limit. Ecuador has clearly fallen short of the standards under the GSP statute. I think the detailed case presented by Chevron was compelling.”

Chevron and USCIB have been filing formal comments and testifying to the GSP sub-committee along these same lines regularly since 2012. USCIB has long been a leading voice in the U.S. and international business communities on the importance of foreign direct investment (FDI)  to economic growth and development in both the capital exporting and destination countries.  A vital key to incentivizing FDI flows in all direction is strong, transparent and enforceable investment protection, most often in the form of international investment agreements such as BIT treaties or investment chapters in Free Trade Agreements (FTAs.)  When investment disputes arise, access to and respect by all parties for the Investor-State Dispute Settlement (ISDS) arbitration system under those legally-binding investment agreements is essential.

USCIB has led international business advocacy on investment and ISDS issues, including respect for arbitral panel decisions, for many years including at meetings of the OECD, UNCTAD, and UN Commission on International Trade Law (UNCITRAL.)

To read Donnelly’s full testimony, click here.

USCIB Welcomes New Vice-Chair of Anti-Illicit Trade Committee

Published on January 27, 2020
Fernando Peña

Director of Customs and Regulatory Affairs for DHL in the Americas Region Fernando Peña has been appointed vice-chair of USCIB’s Anti-Illicit Trade Committee (AITC).  Illicit trade is a major threat to the U.S. economy and profoundly harms American businesses and citizens.Today’s global illicit markets generate trillions of U.S. dollars every year for organized crime, corrupt facilitators and other bad actors.  Counterfeits, illegal goods and other contraband are sold on our main streets, social media, online marketplaces and the dark web. USCIB Is committed to fight illicit trade globally.

According to Megan Giblin, who leads USCIB’s work on customs, the AITC takes a comprehensive, multi-disciplinary approach to elevating the fight against illicit trade, particularly as it relates to the work of the OECD Task Force on Countering Illicit Trade, the Asia Pacific and Economic Cooperation (APEC), the World Customs Organization (WCO) and other international organizations.

Peña joins AITC chair, David M. Luna, president and CEO of Luna Global Networks & Convergence Strategies LLC, in providing leadership of the Committee and its critical work such as engagement of China and other Source Markets of Fakes, targeted Action on Illicit Trade including Counterfeit and Pirated Goods, AIT Enforcement at Free Trade Zones (FTZs), strengthening Information sharing across sectors and markets as well as addressing “small parcels” trade in contraband and illicit commodities.

“We are very excited that Fernando has accepted a role in leading USCIB’s efforts to elevate the fight against illicit trade” said USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan. “Fernando will be a valuable asset to the AITC objectives and strategic planning.  His wealth of private and public sector experience, including working for U.S. Customs & Border Protection, knowledge of international organizations, focus on Americas region for DHL and his overall understanding of the small parcels environment will be an asset to the work of the Committee.”

“Business has a critical role in mobilizing collective action to counter illicit trade” said Luna. “DHL and other USCIB AITC members can partner with governments to effectively disrupt illicit economies and criminals’ exploitation of global supply chains and FTZs.”

Robinson Kicks Off 2020 With OECD, ICC France, ICC Germany 

Published on January 21, 2020
ICC-Germany staff (Secretary-General Oliver Wieck, center) with USCIB President and CEO Peter Robinson (right) in Berlin

The Organization for Economic Cooperation and Development (OECD) held its annual consultation with Business at OECD on January 13 in Paris under the theme, Role of Business in Lifelong Opportunities: People First Policies to Bridge Divides. USCIB President and CEO Peter Robinson and AT&T Senior Vice President Karim Lesina provided a kick-off presentation on behalf of industry, followed by remarks by OECD Secretary-General Angel Gurria and Business at OECD’s Chairman Phil O’Reilly and Secretary-General Russell Mills.

Recommendations by Business at OECD focused on the value of relying on open markets on trade, investment, taxation and development initiatives; ensuring a people-first approach to developing new approaches to the Future of Work; and incentivizing and driving innovation in the health and environment areas in the 5G generation.

According to Robinson, it was the best-attended consultation to date, with a strong business delegation, senior OECD staff including all four Deputy Secretaries-General and OECD Ambassadors from nearly all OECD member countries. In helping to set the stage, Robinson emphasized the continued commitment of the American business community to open markets and multilateral approaches and institutions. “The necessity for inclusive multilateralism, whereby all stakeholders—including business—have a seat at the table to pursue societal challenges together is crucial,” said Robinson, who also praised the OECD in setting an appropriate example in this regard.

Lesina provided the perspective of a leading modern media company that is investing globally while driving innovation in life-long learning opportunities for its employees.  He highlighted that increased convergence and digitalization have helped create a truly global economy, providing consumers today with a unique opportunity to benefit from cross-border activity best cultivated by open market policies. Lesina emphasized the need for flexible policy and regulatory frameworks that foster innovation and drive creativity and underscored the vital role of the OECD in delivering the benefits of the digital economy to consumers everywhere through forward-looking and evidence-based policymaking.

“The Consultation provides an excellent opportunity for business to interact with OECD staff and country Ambassadors,” said Robinson. Robinson had several meetings with OECD management staff to discuss Business at OECD and USCIB priorities.

While in Paris, Robinson also visited USCIB’s International Chamber of Commerce (ICC) National Committee counterpart, ICC-France, and met with the new Secretary-General of ICC-France, Emmanuelle Butaud-Stubbs, to discuss mutual interests and priorities and cooperation in policy areas including trade and environment.

Robinson then traveled to Berlin to meet with several of USCIB’s global affiliate counterparts in Germany: ICC-Germany, the German Employers Federation (BDA) and the German Chamber of Industry and Commerce (DIHK). Secretary-General of ICC-Germany Oliver Wieck, Director of Communications Katrin Rupprecht and staff organized a discussion forum at which Robinson addressed U.S. Trade Policy in 2020. ICC-Germany members including Siemens, Thyssenkrupp and BDI attended as did Dr. Berend Diekmann, head of division for USA/Canada/Mexico from the Federal Ministry for Economic Affairs and Energy. Finally, Robinson met with BDA CEO Steffen Kampeter and DIHK Director of ATA Carnet Dr. Kornelia Ferati.