Promoting U.S. Business Access: USCIB Submits NTE Comments

USCIB filed comments on October 25 for the annual National Trade Estimate (NTE) report to highlight significant barriers that American companies continue to face with regards to exports of goods, services and U.S. foreign direct investment. The comprehensive comments included barriers faced by U.S. companies in over twenty countries, including in Brazil, China and India.

According to USCIB Vice President for ICT Policy Barbara Wanner, the comments urged the U.S. Trade Representative to encourage Brazil to promote an international, interoperable policy framework for the Internet of Things (IoT) and machine-to-machine (M2M) solutions that includes M2M permanent roaming, among other things.

“Many IOT and M2M solutions will only reach their optimal scale if they can operate around the globe,” said Wanner. Monitors on airline cargo or shipping containers must be able to operate wherever their freight travels. Automakers sell vehicles across many different countries and operators drive vehicles across national borders for commercial and personal purposes; automakers and customers alike need a single communications platform to support their connected vehicles.

“The Brazilian government should modify the regulatory framework to support providers of IoT and M2M services and devices and allow them to choose between various available options for numbering and device management (including permanent M2M roaming), rather than imposing a single, one-size alternative for all cases,” added Wanner.

With regards to China, USCIB’s submission focused on China’s WTO compliance record in services, particularly China’s indiscriminate filtering and blocking of online services. China’s expansive definition of value-added services, high capitalization requirements for basic telecommunications services, lack of an independent regulator, and restrictions that specifically apply to the non-Chinese companies for provision of value-added services remain key outstanding issues for U.S. business.

Finally, while India has accelerated broadband deployment, USCIB’s comments stressed that it must also implement policies that foster an innovative environment through predictable, progressive and technology-neutral policies that are compatible with global standards.

“It is important to keep encouraging the Indian government to support further market liberalization and to remove remaining market access barriers,” said Wanner. “India should be urged to continue its efforts to provide legal and regulatory policy certainty both in the development of a body of clear and consistent laws and regulations, and in the transparent and equitable application and enforcement of those laws and regulations. Unfortunately, in recent years the government of India has implemented a number of policies that constitute significant market access barriers to U.S. companies, including in data localization, remote access policy and cloud computing.”

Mulligan Represents Business at OECD Trade Meetings

USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan

Rob Mulligan, USCIB senior vice president for policy and government affairs, was in Paris the week of October 21 attending OECD and Business at OECD (BIAC) trade committee meetings. Over the last few months, USCIB members have contributed to the development of BIAC’s trade priorities paper which was released last week. Mulligan, as a vice-chair of the BIAC trade committee, represented BIAC at the OECD Trade Committee Meeting and shared the eleven-priorities for consideration as the OECD develops their program of work for 2021-2022.

“During the OECD meeting, I highlighted the need for continued OECD work on market distorting subsidies and other government support for state-owned enterprises, digital trade and new work on trade and the environment that would underpin the need to balance climate change with ensuring open markets for trade,” said Mulligan.

The OECD Trade meeting also discussed ongoing G7, G20 and Asia Pacific Economic Cooperation (APEC) activities, including outcomes of the G7 and G20 Summits, as well as expectations for the APEC Economic Leader’s meeting in November, which will be hosted by Chile.

USCIB Welcomes Ratification of UN Convention That Helps SMEs

After years of effort by USCIB and a coalition of other trade associations, USCIB welcomed an announcement that the United States has formally ratified the United Nations Convention on the Assignment of Receivables in International Trade, having deposited the instrument on October 17 at the UN Treaty Office in New York.

Enactment of the Convention makes it easier for U.S. small and medium-sized businesses to access additional financing from lenders based on their sales of goods and services to customers located in other countries that ratify the Convention.

USCIB has been urging the U.S. to ratify this convention since 2016 and worked through a coalition to send letters to high-ranking Senators at the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs.

“We need three more countries to ratify the Convention for it to enter into force, and we have an active list of those countries most likely to ratify,” noted USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl.

Hampl Contributes Expertise at OECD Workshop on Investment

USCIB Senior Director Eva Hampl speaks at OECD

USCIB Senior Director for Trade, Finance and Investment Eva Hampl contributed her expertise on a panel hosted by the OECD during its workshop on investment promotion and facilitation in Paris on October 22. The day-long event focused on investment facilitation and retention, foreign direct investment (FDI) impact on the host economy, as well as organized break-out sessions focusing on specific regions such as the European Union, Eurasia and select Latin America and Caribbean countries.

Hampl’s panel also featured Ambassador of Chile to the WTO and Coordinator of the WTO Structured Discussions on Investment Facilitation for Development Eduardo Gálvez, Director, Services and Industry Promotion Department, Ministry of Foreign Relations of Brazil Min. Luiz Cesar Gasser, Executive Director, Invest in Finland, Business Finland Antti Aumo and Head of Investment Policy Unit, DG Trade, European Commission Carlo Pettinato. Panelists addressed key roles of investment promotion agencies (IPAs) and policymakers in facilitating business establishment, securing investment retention and encouraging re-investments.

As the sole business representative on the panel, Hampl discussed common challenges that companies face on the ground at the establishment phase or for expansions and re-investments in both OECD and non-OECD economies. She suggested measures that governments can make in order to facilitate the establishment of companies to encourage them to stay in the home country. Hampl also touched upon the U.S. business perspective of the WTO discussions on investment facilitation.

“Investment is vital to economic growth and development,” said Hampl during the panel. “However businesses face many challenges when investing, including regulatory issues, lack of IP protections, lack of appropriate redress, inefficiencies and costs generated by forced localization policies and duplicative testing requirements, skills disparity, inability to find suitable business partners, etc. There is unfortunately no one size fits all approach — every country needs to work out what works best within the economy. But any measures should improve the rule of law and strengthen the institutions — more carrot than stick.”

The purpose of the workshop was to build on the IPA mappings to deepen OECD research in certain areas of investment promotion and facilitation, strengthen the knowledge of the OECD IPA Network and exchange on topics of common interest.

Hampl is attending a slew of investment-related meetings taking place at the OECD this week, including an OECD Roundtable on Investment and Sustainable Development, a Business at OECD (BIAC) dinner with the OECD Investment Committee leadership, a Business at OECD Investment Committee meeting and a stakeholder consultation with the OECD Investment Committee.

USCIB Holds High-Level Meetings During WTO Public Forum

USCIB and several members were on the ground in Geneva the week of October 7 for the World Trade Organization (WTO) Public Forum. The Forum included a plethora of panels on critical issues of concern to business including digital trade, services, the moratorium in customs duties on electric transmissions (Moratorium), the ongoing e-commerce negotiations, and WTO reform, including issues surrounding the Appellate Body (AB).

In addition to participating in the active forum agenda, USCIB’s Senior Vice President Rob Mulligan and Senior Director Eva Hampl held side-meetings with WTO leadership, such as Deputy Director-General Alan Wolff, Director, Council and TNC Division Victor do Prado, Director, Information and External Relations Division Keith Rockwell and Counselor, Telecom, ICT & E-commerce, Trade in Services and Investment Division Lee Tuthill. Mulligan and Hampl also met with Ambassadors Dennis SheaStephen deBoer, and Junichi Ihara from the United States, Canada, and Japan, respectively. Finally, USCIB engaged with international business groups, including Confederation of British Industry (CBI), Ibec (Irish Business), Canadian Chamber of Commerce, ICC UK, and Confederation of Danish Industry (DI).

“Across the board, everybody is closely paying attention to the E-Commerce negotiations,” said Mulligan. “There is a general positive attitude regarding the negotiations, but also a recognition that the tough issues like data flows and localization policies are still to come. Accordingly, it is not likely that an agreement will be ready by the Ministerial Council meeting in June 2020 (MC12).”

According to Mulligan, on the issue of the Moratorium, there continue to be opponents to extending the agreement, but most WTO members support at a minimum extending it to MC12 once it runs out in December of this year. To push back against the opposing forces, several studies are being developed. Among these, the OECD is also developing a paper on the Moratorium, which is likely to be released very soon.

WTO reform domin ated the discussion, often targeted at the U.S. pushing for meaningful updates on issues like subsidies, transparency, and notifications. The U.S. position on the Appellate Body, however, continues to be controversial and there is some nervousness about what will happen to the dispute resolution arm of the WTO once the terms of two of the three remaining AB members run out at the end of the year. On the other hand, there are some who believe pragmatism will take over and the value of the institution and the important work being done on the other reforms will not be impacted.

USCIB also co-hosted a breakfast with the International Chamber of Commerce (ICC). Speakers at the breakfast included The Right Honorable Liz Truss MP, secretary of state for International Trade in the UK, who spoke on the importance of the multilateral trading system; Ambassador Sunanta Kangvalkulkij from Thailand, who provided an update in the General Council discussions; Ambassador David Walker from New Zealand, who provided an update on the AB, and Ambassador Frances Lisson from Australia, who spoke about the JSI on E-Commerce; and WTO Director General Roberto Azevedo, who spoke to the current state of play of WTO Reform.

To wrap up the busy week in Geneva, USCIB co-hosted a business reception with several other business associations, to underline the importance of a business relationship with the WTO. Invitees include member companies and associations, country delegates, and WTO staff.

USCIB Participates in WTO Public Forum in Geneva

With the World Trade Organization (WTO) Public Forum taking place this week in Switzerland, USCIB Senior Vice President for Policy and Government Affairs Rob Mulligan and Senior Director for Trade, Investment, and Financial Services Eva Hampl, along with several USCIB members, are on the ground in Geneva to engage in various side meetings with WTO officials and staff.

According to Mulligan, the main issues of concern are WTO reform, including the Appellate Body, as well as the E-Commerce negotiations, with a particular focus on the Moratorium on customs duties on electronic transmission which is about to run out the end of the year.

On October 9, USCIB co–hosted a breakfast with the International Chamber of Commerce (ICC), several ICC National Committees, including from the UK, Germany, and Switzerland, and the Digital Trade Network. The governments of Benin, Canada and Switzerland also supported the event. Several ambassadors exchanged views with business in the room about various aspects of current WTO activities. The event concluded with remarks by WTO Secretary General Roberto Azevedo, speaking about the importance of international trade and finding solutions.

Hampl Provides Testimony at Interagency Committee on China’s WTO Compliance

Following USCIB’s annual submission to the U.S. Trade Representative regarding China’s compliance with its WTO commitments, USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl provided testimony before the interagency Trade Policy Staff Committee, which was chaired by USTR and included officials from the Departments of Commerce, Treasury, State, Agriculture and Labor.

“USCIB members continue to have serious concerns with a host of policies and practices maintained by China that undermine the ability of U.S. businesses to operate, including unfair and discriminatory governmental practices,” stated Hampl. “The tariff actions under Section 301 have not to date resolved the underlying issues [of forced technology transfer and intellectual property theft] identified by the United States. Accordingly, high-level bilateral dialogue between the United States and China continues to be of the utmost importance. We also urge both countries to utilize, in addition to the WTO, the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations.”

The questions from the panel addressed the problematic enforcement of the anti-monopoly law, the myriad of certification and testing requirements, the current cybersecurity regime, market access (China’s filtering and blocking of websites and online services), the dysfunctional approval process for new agricultural biotechnology products, and recent developments on  China’s labor laws.

USCIB submitted extensive written comments last month. The submission is public and can also be found on www.regulations.gov under Docket Number USTR-2019-0010.

USCIB Continues to Support Comprehensive Trade Deal with Japan

Using a transparent effect.

Washington, D.C., September 25, 2019 – Following the announcement of a partial trade deal between the United States and Japan today on the sidelines of the UN General Assembly in New York, the United States Council for International Business (USCIB), which represents America’s most successful global companies, welcomed the conclusion of the deal with Japan addressing some key trade concerns, but looks forward to continued negotiations of a comprehensive agreement to benefit American businesses in all sectors.

“This partial deal is an important first step in opening the market with the fourth largest trading partner of the United States,” said USCIB President and CEO Peter Robinson. “However, several other sectors that also have trade concerns are not covered by this agreement, so we urge the Administration to continue negotiations to create vital opportunities for U.S. companies exporting to and investing in Japan.”

USCIB continues to support a comprehensive trade deal including important provisions on broad market access, intellectual property protections, investment, customs and trade facilitation, financial services, and dispute settlement. These provisions, providing broad access and protections, are key to ensuring the economic success of American companies in the global market place.

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.

Contact:
Kira Yevtukhova, USCIB
+1 202.617.3160, kyevtukhova@uscib.org

USCIB Releases Statement on China’s WTO Commitments, Urges Bilateral and Plurilateral Dialogue

In response to an annual request by the United States Trade Representative for comments on China’s compliance with WTO commitments and notice of public hearing, USCIB gathered member input and submitted a comprehensive statement on September 18.

The statement emphasizes the direct and important stake American business holds in the relationship between the U.S. and China and in its success. As the world’s largest economy, China’s practices and policies have a significant impact on its trading partners, and engagement with China can be challenging. China’s growing importance in the global economy provides strong incentives for both countries to work together to address common challenges and responsibilities.

USCIB members continue to have serious concerns with several policies and practices maintained by China that undermine the ability of U.S. businesses to operate, including unfair and discriminatory governmental practices. Furthermore, U.S. tariffs and Chinese retaliatory tariffs imposed as a result of the U.S. Section 301 investigation into China’s forced technology transfer, intellectual property, and innovation policies have been disruptive to U.S. business.

“The tariff actions have not resolved the underlying issues identified by the U.S. or have changed Chinese behavior regarding the matters covered by the investigation or the broader issues identified in this submission,” said Senior Director for Investment, Trade and Financial Services Eva Hampl.

Accordingly, the USCIB submission urged high-level bilateral dialogue between the U.S. and China. USCIB also urged both countries to utilize, in addition to the WTO, the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Co-operation and Development (OECD), to work toward improved commercial relations. Plurilateral dialogues that include U.S.-friendly jurisdictions such as the European Union, Canada or Australia should also be considered.

“This annual submission provides a valuable opportunity to stakeholders to share issues that business is facing in China, following their accession 18 years ago in 2001,” said Hampl. Many sectors continue to face significant issues related to market access, transparency, regulation and protection of intellectual property rights. In addition to addressing many cross-sectoral and sector specific issues, this submission takes the opportunity to address the ongoing tariff war with China and the damaging effect that is having on companies.

“USCIB has been consistently pushing back against this tariff escalation, the start of which alleged to address some of the issues highlighted in our broader China WTO submission,” added Hampl. “Our submission clearly shows that the issues related to IP theft and forced tech transfer continue to be a problem for companies doing business in China.”

US Business Priorities for UNGA High-Level Opening Week

Photo credit: United Nations

USCIB issued the following statement on September 18 for the 75th United Nations General Assembly High-Level opening week. The statement reflects U.S. business priorities.

On the occasion of the High Level Opening Week of the UN General Assembly on the urgent and intertwined topics of climate change and sustainable development, USCIB joins with many others in highlighting the critical importance of inclusive multilateralism as a means to increase pace and impact to meet climate, financing for development and Sustainable Development Goals (SDGs) commitments and objectives, involving all societal partners, including the private sector. In each of these three areas, economic policies that drive growth and job creation will be critical to generate the necessary resources and enable business to make its strongest contributions to implementation.

UN 2030 Agenda and Sustainable Development Goals (SDGs)

USCIB members have placed the SDGs and the UN 2030 Sustainable Development Agenda at the center of their sustainable development policies and actions.  As needed progress towards delivering the SDGs is lagging, we encourage governments to do likewise. We urge the United Nations to call for greater global action to achieve Agenda 2030, using the occasion of its 75th anniversary in 2020 to galvanize the international community and actively include business and other non-state actors.

Business for 2030 homepage logoScientific assessment, policy dialogue and assessment all need to integrate business expertise and views on a more systematic basis at international, national and local levels. The private sector brings important experience and knowledge to deliver the 2030 Agenda; it is in the DNA of business to turn challenges into opportunities and to innovate and develop practical and realistic solutions for the problems we face together.  Recent examples of this business commitment and action will be highlighted at the September 25 SDG Business Forum, organized by ICC with the UN GC, the International Organization of Employers and the UN, and can be found on USCIB’s Businessfor2030 web platform.

In addition, a renewed emphasis on public-private sector partnerships is required to crowd-in private sector solutions.   In our view, business is needed more than ever as a source of solutions, real world experience, innovative technology, financial resources and partnerships in the multilateral system.  The UNGA SDG Summit is an opportunity to move toward mainstreaming collaborative approaches among the UN, governments, civil society, and business throughout the implementation of the Agenda 2030.

Climate Change

On the occasion of the UN Climate Action Summit, USCIB recognizes that we must take urgent action to tackle climate change on all fronts.  According to the IPCC, reducing future climate-related risks will depend on the upscaling and acceleration of far-reaching climate mitigation and both incremental and transformation adaptation.  In this regard, business investment, innovation and action, working in partnership with governments, society and other stakeholders, will be vital.

We continue in our active support of the 2015 Paris Accord and the world business position presented at COP21.  We continue to call for the commitment of all governments to this global effort, so that business and government can work together to enact economically sound policies that:

  • Promote development, deployment and use of cleaner and more efficient technologies and energy sources
  • Enhance sustainable energy access and security in all countries
  • Utilize markets and market-based approaches to animate least-cost GHG reductions, working through multilateral trade
  • Drive investment in innovation for mitigation and adaption

We share the concern that there is a shortfall in hoped-for progress toward the Paris goals, and encourage renewed efforts to get back on track.  We welcome ambitious aspirations on the part of organizations and companies and look forward to bringing the best of business forward in addressing this critical global challenge, working closely with the UN Framework Convention on Climate Change en route to the 25th Conference of the Parties in Santiago, Chile.

Financing for Development

A major challenge faced in achieving the 2030 Agenda for Sustainable Development is lack of financial resources, from both public and private sources.  Domestic resource mobilization is one of the core pillars identified in the Addis Ababa Action Agenda to help close this gap, and the private sector is indispensable in this regard.  However, even with robust plans to incorporate financing for development, governments still need to do more to enhance enabling frameworks for investment and strengthen rule of law and institutions needed for inclusive economic prosperity.

At the UN High Level Meeting on Financing for Development, we encourage governments to redouble their efforts to protect human rights, tackle corruption wherever it is encountered in public or private sectors and pursue democratic and transparent processes whether via international cooperation or at home.