News Stories Archives

USCIB Joins Congressional Lobby Days to Push for USMCA

Published on July 30, 2019

USCIB joined the effort of the USMCA Coalition in its most recent Congressional Lobby Days just ahead of August recess, which reached more than 100 House offices. USCIB Senior Director for Trade, Investment and Financial Services Eva Hampl joined a group which met exclusively with House Democratic offices July 24-25. According to Hampl, representatives noted that they understood the importance of USMCA for the economic future of the U.S.

The Coalition referenced the July 23 letter signed by over 600 business associations across the country in pushing for urgent Congressional approval of USMCA.

There was a keen interest in the USMCA working group of House Democrats, which was established last month by House Speaker Nancy Pelosi to address some Democrats’ lingering concerns about issues in the agreement, specifically on labor, environment, enforcement and pharmaceutical pricing. While there were varying views on the substance of those discussions, there was general approval of the process. Many are looking to Pelosi for next steps. U.S. Trade Representative Robert Lighthizer and his team continue to meet with members of the working group. Discussions have been described as productive, and the Coalition has urged all parties to continue this important work during the August recess. The Senate remains in session this week.

“The Coalition is emphasizing the urgent need for action to move the agreement through Congress,” said Hampl. Hampl also noted that approval will depend on a collaborative approach.

The Senate Finance Committee is holding a hearing on USMCA today (July 30) and is featuring auto industry, agribusiness, transportation, dairy, and small business representatives, as well as a witness focusing on labor policy. For a list of witnesses please click here.

USCIB Urges Reversal of 1-800 Contacts FTC Ruling

Published on June 18, 2019

USCIB filed an amicus brief with regards to 1-800 Contacts, Inc. case to highlight the challenges American businesses would face under the recent Federal Trade Commission’s (FTC) decision’s approach to antitrust liability for trademark settlements, and explain the potential negative impacts the decision would have on businesses, consumers and competition if left to stand.

USCIB General Counsel Nancy Thevenin led the process for USCIB. “The Commission’s decision creates substantial uncertainty regarding the enforcement and settlement of intellectual property rights, increases the risk of arbitrary enforcement against even routine settlements, and potentially exposes settlements to such risk for decades,” warned Thevenin. “The decision should be reversed.”

Earlier this year, the FTC decided to impose antitrust liability against 1-800 Contacts, the largest online retailer of contact lenses in the U.S., on the basis that 1-800 Contacts’ settlements of trademark infringing lawsuits against at least fourteen competing online contact lens retailers restricted trade. Among other things, USCIB’s amicus argues that the Commission’s decision ignores the critical importance to business of intellectual property rights and its enforcement and would unfairly require the lawful exercise of such rights to a higher pro-competition standard.

USCIB thanks Eileen M. Cole, Bryant D. Gant and Seiji Niwa of member firm White & Case for their work with the amicus.

 

US Business Launches ‘All In’ Initiative to Advance Business Engagement for Global Goals Implementation

Published on May 13, 2019
Geneva Week roundtable

USCIB partnered with the International Chamber of Commerce (ICC) and the International Organization of Employers (IOE) to convene the first ‘All In’ Roundtable on Inclusive Multilateralism, Sustainable Development Goals (SDGs) and Business. USCIB’s ‘All In” Initiative seeks to launch a global conversation on how to strengthen dialogue, partnership and engagement with business to advance implementation of 2015 outcomes.

Over fifty participants from Geneva-based diplomatic missions, UN bodies, NGOs and business joined the event, including:

  • UN High Commissioner for Human Rights Michelle Bachelet
  • Chargé d’affaires, ad Interim, of the U.S. Mission to the United Nations and Other International Organizations Mark Cassayre
  • Secretary General of the International Labor Organization (ILO) Guy Ryder
  • Secretary General of the UN Conference on Trade and Development (UNCTAD) Mukhisa Kituyi
  • UK Ambassador to the UN in Geneva Julian Braithwaite
UN High Commissioner for Human Rights Michelle Bachelet speaks at the All In Roundtable

Expert panelists from the World Intellectual Property Organization (WIPO),UNICEF, the International Union for the Conservation of Nature (IUCN), the UN Global Compact and the Partnering Initiative reflected on two themes that were raised in All In Discussion Starter papers:

– Public Private Partnerships with the UN – Designing for SDG impact

– Leveraging public private sector cooperation on technical and scientific knowledge for targeted SDG implementation

“The event highlighted the diverse variety of working arrangements to engage with non-state actors and the private sector,” said USCIB Vice President for Strategic International Engagement, Environment and Energy Norine Kennedy. “Through the “All In” initiative USCIB will draw on its long experience in the multilateral system to highlight what has worked well and to flag areas where further partnership, improvement and strengthening are needed to speed up and scale SDG impact. “

Further ‘All In’ roundtables are planned for Bangkok and other UN cities, on additional themes, including metrics for impact, infrastructure investment for SDG action and economic empowerment and inclusion. Based on this series of discussions throughout 2019, ‘All In’ will develop a 2020 Action Plan for Inclusive Multilateralism.

The ‘All In’ roundtable took place in conjunction with USCIB’s second annual Geneva Week, May 6-9.

New OECD Reports Outlines Business Investment Contribution to SDGs

Published on April 24, 2019

The Organization for Economic Cooperation and Development (OECD) has recently published a report on “The Contribution of International Business Investment to the Sustainable Development Goals (SDGs).” The report surveys the main type of financing behind business investment in developing countries, recent trends, an evaluation of the contribution of these flows to the SDGs, and prospects going forward.

The report highlights that multinational enterprises (MNEs) have become one of the most important actors for channeling investment to the developing countries. A relatively new actor providing financing for development is the State-Owned Enterprise (SOE). Furthermore, mergers and acquisitions (M&A) is one of the primary vehicles that MNEs use to invest in foreign markets and a major component of foreign direct investment. M&A inflows in developing countries starting declining already in 2012.

An increasingly important source of international investment into developing countries is China; in 2017 China doubled its M&A in developing countries to $25 billion, making it their top resource of international M&A (ahead of Japan and the US). Meanwhile, private flows align naturally with the SDGs in the area of infrastructure: SDG 6, which focuses on clean water and sanitation), SDG 7 on affordable and clean energy, SDG 9 on industry, innovation and infrastructure, and SDG 10 which aims to reduce inequalities.

“The report calls to action for improving the global rules for trade and investment, pursuing domestic policy reform agenda to improve business climates, and addressing new areas of regulatory co-operation,” observed USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl.

The OECD will be organizing a round table on investment and sustainable development on October 23, 2019, as part of the next OECD Investment Week.

USCIB Joins Coalition in Urging Specific US Government Action on US-China Trade

Published on April 23, 2019

USCIB joined Americans for Free Trade, a multi-industry coalition consisting of over 150 members, to send a letter to President Donald Trump on April 22 regarding upcoming U.S.-China trade talks.

The Coalition letter urged the U.S. government to fully and immediately remove all recently imposed tariffs, including U.S. tariffs and China’s retaliatory tariffs as part of a final deal, while also encouraging the U.S. to come up with a deal that levels the playing field for U.S. companies by achieving meaningful changes to address China’s unfair trade practices that put American technology, innovation and intellectual property at risk.

Regarding unfair trade practices, the letter stated: “For too long, China has engaged in unfair trading practices, including forced technology transfer, cyber theft, intellectual property violations and more. We hope any final deal will resolve the structural issues that are at the core of the trade dispute in order to fully protect American technology, innovation, and intellectual property.”

The letter also urged the government to avoid any enforcement mechanism that would trigger further tariffs and obtain clarity on how the tariff exemption process will be carried out in the event of a deal.

Finally, the group also urged an economic assessment by the Administration examining the costs of tariffs for American businesses and consumers.

Americans for Free Trade represents companies that employ tens of millions of American workers and provide goods and services to virtually every corner of the United States.

USCIB Gathers Stakeholders to Discuss OECD Digital Project 

Published on March 26, 2019
USCIB President and CEO Peter Robinson at the 2019 Going Digital Conference

The OECD Summit on Going Digital, held March 11-12 in Paris, presented the main findings and policy messages of the OECD’s two-year Going Digital Project. In light of this milestone, USCIB teamed up with the OECD and Business at OECD to organize an event in Washington DC on March 25 bringing together over fifty representatives from U.S. government, the private sector and press to discuss outcomes and next steps.

The March 25 Conference, hosted by the AT&T Forum for Technology, Entertainment and Policy, introduced the Going Digital Toolkit and included in-depth discussions on indicators, experiences and innovative policy practices, particularly as they relate to economic growth and societal well-being, privacy, security against cyber-threats, as well as harnessing the power of Artificial Intelligence (AI) for economic and social prosperity.

Corporate Vice President and Deputy General Counsel of Microsoft and Co-Chair of the Business at OECD Committee on Digital Economy Policy Julie Brill gave opening remarks, praising the OECD project. “The global digital project will serve as a foundation for policymakers around the world to ensure that the technological revolution is a catalyst for inclusive growth that benefits all,” said Brill. “The timing couldn’t be more appropriate or more important.”

Common themes that emerged among panelists and participants included emphasis on economies to invest in people through increased access to STEM training, innovative use of apprenticeships and skills-based training and retraining programs to ensure that the work force is adaptable and is prepared for the challenges of the future. There was also consensus on the need to reduce barriers to promote AI innovation and application to realize more of the potential of AI in providing new opportunities and even creating new sectors of industries. At the same time, governments need to establish principles to ensure public trust and confidence in AI technologies.

“The OECD undertook the Going Digital Project at a time when other multilateral organizations and individual countries were responding to the digital transformation of the economy in a way that undermined the potential economy and societal benefits,” said Barbara Wanner, USCIB vice president for ICT policy. “USCIB members appreciate how the OECD has navigated the plethora of conflicting views and developed sound, evidence-based recommendations that can guide countries and organizations to benefits of digital innovation. We look forward to shaping the all-important Phase 2 of the project, which will focus on practical steps.”

OECD’s Andy Wyckoff

Other speakers at the conference included OECD Director for Science Technology and Innovation Andy Wyckoff, Director for International Communications, Information, and Emerging Technologies from the U.S. Department of State Adam Lusin as well as The White House Assistant Director for Artificial Intelligence, Office of Science and Technology Lynne Parker.

The day-long event titled, Going Digital: OECD Insights for a Changing World, was dedicated to the late Joseph Alhadeff and commemorated his decades-long leadership and contribution to the ICT space both domestically and globally. Alhadeff was a long-time USCIB supporter, colleague and mentor who served on the USCIB Board and was a Vice Chair of the USCIB ICT Policy Committee for over 15 years.

USCIB Talks Intellectual Property Rights at State Department 

Published on March 26, 2019

USCIB Vice Presidents Mike Michener and Shaun Donnelly met with the U.S. Department of State team handling Intellectual Property rights (IPR), counterfeiting and piracy and the World Intellectual Property Organization (WIPO) on March 21 in Washington DC.  Department of State experts from both the Economic and Business (EB) Bureau and the International Organizations (IO) Bureau reviewed U.S. government policy priorities, management concerns and upcoming challenges across the IPR agenda.

EB’s Office of Intellectual Property Enforcement focuses on substantive IPR issues, including a lot of interagency coordination.  The IO Bureau’s Office of Specialized and Technical Agencies focuses more specifically on the institutional, budget and management issues around WIPO.

“WIPO remains a mixed bag for the U.S. government as it does for industry – some useful work but also some deep frustrations whether WIPO is really a strong advocate and enforcer of IPR policies or more of ‘development organization’ more intent on justifying exceptions to strong IPR rules and regulations,” noted Donnelly.

At the meeting, Michener, who leads USCIB’s policy work on intellectual property and innovation, discussed USCIB’s priorities on IPR issues and plans to take a team of member companies for a series of high level meetings at WIPO as part of USCIB’s “Geneva Week”  May 6-10.

“USCIB and especially our IPR Committee will stay in close touch with State and other key U.S. government agencies on the full range of important issues,” said Michener.

Donnelly Visits Google During Trade Tour in Switzerland

Published on March 11, 2019

USCIB Vice President for Investment and Financial Services Shaun Donnelly spent the week of March 4 as the business representative on a Washington Think Tank study tour of Switzerland, focusing on trade issues and possibilities for a potential U.S.-Switzerland Free Trade Agreement (FTA).

While in Zurich, Donnelly and the 12-member study tour visited Google Switzerland’s major operations and R&D center. Google’s Zurich operations are the company’s third-largest R&D operation globally and their largest outside the United States. Google opened its first office in Zurich only fifteen years ago and it has quickly grown into one of the largest and most respected employers in the city.

Coincident with the study tour’s visit, Google invited the leadership of economiesuisse, Switzerland’s largest and most influential business association to a luncheon meeting with the visiting Washington team. Economiesuisse is USCIB’s Swiss counterpart and partner in Business at OECD, the International Chamber of Commerce (ICC) and other international business fora.

Hampl Gives Testimony on US-UK Trade Agreement

Published on January 29, 2019
Eva Hampl provided testimony before the Trade Policy Staff Committee, chaired by USTR, on January 29.
USCIB supports negotiation of a comprehensive trade agreement with the UK as part of a broader strategy to open international markets for U.S. companies and remove barriers and unfair trade practices in support of U.S. jobs.

 

Following USCIB’s submission on January 16 to USTR regarding negotiating objectives for a U.S.-UK Trade Agreement, USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl provided testimony before the Trade Policy Staff Committee, chaired by USTR, on January 29.

“USCIB supports negotiation of a comprehensive trade agreement with the UK as part of a broader strategy to open international markets for U.S. companies and remove barriers and unfair trade practices in support of U.S. jobs,” said Hampl in her testimony. “We strongly believe that continued U.S.-UK free trade is overwhelmingly in the interests of both countries and their global trading partners, provided that the agreement is a high standard and comprehensive bilateral trade and investment agreement. A successful trade agreement with the UK should cover not just market access for goods, but also address important services issues.”

Hampl’s testimony also emphasized the importance of regulatory cohesion across the United States, the UK and the European market as a key component in further liberalizing trade. Regulatory discrimination and differentiation between trade partners can be an obstacle to trade, investment and the ability to conduct business. Affected sectors include pharmaceuticals, chemicals and fintech.

Hampl also raised the issue of digital trade. “U.S. companies rely on cross-border data flows as part of their day-to-day operations,” said Hampl. “A U.S.-UK agreement should include requirements that data can flow unimpeded across borders except for limited and well-defined public policy exceptions, ensuring that they are not used as disguised barriers to trade.”

Regarding intellectual property (IP) protection, Hampl noted that at a minimum, a U.S.-UK agreement should enshrine existing protections and enforcement mechanisms. It should also address sectoral IP issues, such as in the pharmaceutical space.

To read Hampl’s testimony, please click here.

USCIB Submits Negotiation Objectives for US-EU Trade Deal

Published on December 11, 2018
USCIB submitted negotiation objectives for a U.S.-EU Trade Agreement to USTR.
The EU countries together make up the number one export market for the U.S., with goods exports to the EU in 2016 totaling $269.6 billion, constituting 18.6% of total U.S. goods exports.

 

USCIB submitted negotiation objectives for a U.S.-EU Trade Agreement to the United States Trade Representative (USTR) on December 11. The submission was filed in response to USTR’s request for comments and emphasized the importance of a comprehensive negotiation, covering not only market access for goods, but also critical services issues.

The USTR request for comments follows the Trump administration’s announcement to Congress on October 16 of its intention to initiate negotiations on a U.S.-EU Trade Agreement. USCIB supports negotiation of a comprehensive trade agreement with the EU as part of a broader strategy to open international markets for U.S. companies and remove barriers and unfair trade practices in support of U.S. jobs. USCIB priority issues for negotiation of a U.S.-EU agreement include investment, customs and trade facilitation, express delivery services, improved regulatory cohesion, digital trade, intellectual property, government procurement and SOEs, and financial services.

“The EU is an important trade partner for the United States,” said USCIB Senior Director for Investment, Trade and Financial Services Eva Hampl. “USCIB members see the value of common approaches toward establishing a more integrated and barrier-free transatlantic marketplace. Regulatory discrimination and differentiation across the Atlantic is an increasingly frustrating obstacle to trade, investment and the ability to conduct business.”

USCIB supported the negotiations of a comprehensive, high-standard U.S.-EU trade agreement, the Transatlantic Trade and Investment Partnership (TTIP), which commenced in 2013 and aspired to eliminate tariff and no-tariff barriers on goods and services trade between the U.S. and the EU. These negotiations were halted by the current administration, but the range of issues that were on the table at the time, ranging from strong investment protections, to increased trade facilitation, and regulatory coherence, continue to be of great importance to our members.

The EU countries together make up the number one export market for the United States, with goods exports to the EU in 2016 totaling $269.6 billion, constituting 18.6% of total U.S. goods exports. U.S. goods and services trade with the EU totaled nearly $1.1 trillion in 2016, with exports totaling $501 billion. The United States also has a surplus in services trade with the EU, totaling $55 billion in 2016. According to Hampl, a successful trade agreement with the EU should cover not just market access for goods, but also address important services issues.