USCIB, U.S. Take Lead on Alternatives to Forced Localization at APEC

L-R: Trudy Witbreuk (OECD); Ken Schagrin (USTR) and Ed Brzytwa (ITIC)

Demonstrating thought leadership on trade facilitation and global value chains (GVCs) in the Asia-Pacific, USCIB participated in a half-day trade policy dialogue during the third Asia Pacific Economic Cooperation (APEC) Senior Officials Meeting (SOM III) in Cebu, the Philippines on August 28. The event titled, “APEC Best Practices to Create Jobs and Increase Competitiveness,” was organized by the APEC Committee on Trade and Investment and convened private sector representatives and officials from the United States and the OECD for a discussion of the impacts of forced localization policies and how best trade practices can serve as sound alternatives to these policies.

Helen Medina, USCIB’s vice president for product policy and innovation attended SOM III and led the session on best practices as alternatives to localization policies in the APEC region during the dialogue. USCIB members participating at the event included Jeffrey Hardee (Caterpillar), Jennifer Mulveny (Intel) and Ed Brzytwa (Information Technology Industry Council).

The event reviewed the APEC Best Practices to Create Jobs and Increase Competitiveness, which were endorsed by the APEC economies in 2013, and highlighted how those practices can be alternatives to local content requirements (LCR). Often LCRs are put in place to deal with one aspect of the economy at the expense of hurting the wider economy. Trudy Witbreuk (OECD) discussed the detrimental impacts that LCRs have had and offered other approaches for policymakers. Namely, the OECD recommends that economies to identify the domestic problem and work on a horizontal approach to resolves the issues. For example, skill shortages are best resolved through targeted training and education policies instead of local labor requirement. The OECD recommended that policies targeted at the regulatory environment, trade and investment barriers, innovation policy and infrastructure development will lead to trade outcomes that are more sustainable over the long run.

“It is not surprising that the private sector panelists echoed the OECD’s recommendation,” Medina said. The private sector participants shared their own stories about why their investments in certain APEC Economies have  flourished.  They highlighted reasons such as good investment environment, highly skilled local labor, and efficient infrastructure. The private sector also unanimously stated that the free flow of data is key to all industries.

The discussion also highlighted possible next steps that APEC can take, such as new guidance on internal coordination of regulatory work.  A summary of the meeting will be circulated to the APEC Committee on Trade and Investment so that further action items can be taken to address LCRs.  It was agreed that APEC economies have economic challenges and that what are needed are sustainable long term solutions.

USCIB and APEC economies have endeavored to make global value chains top-of-mind at APEC dialogues. At last year’s APEC CEO Summit in November, USCIB organized an event on global value chains that gave members an opportunity to discuss obstacles that APEC economies must overcome in order to leverage the benefits of GVCs as well as corresponding policy recommendations to promote economic integration within the region. You may read the outcome document of the November event online.

You may read the outcome document of the November event online.

USCIB has been advocating an APEC work stream on promoting global value chain coordination in the region, including the development of the APEC Strategic Blueprint on GVCs from the 2014 Leaders’ Declaration, which highlights how understanding global value chains is crucial for realizing a more effective policy and regulatory infrastructure for global trade. Following the blueprint, USCIB has been working with the U.S. government to address trade and investment issues that impact GVCs within APEC.

Additionally, USCIB has circulated an ICC Policy Statement on localization barriers to trade.

USCIB Promotes Regulatory Cooperation at Third APEC Senior Officials Meeting

L-R: Alexa Burr (ACC), Kate Clemans (Crowell and Moring), Christian Richter (Nickel Institute), Andrew Liu (Chemours), Derek Swick (API), Marianne Heinrich (B&P), Helen Medina (USCIB), Don Wilke (Procter & Gamble), Dusanka Sabic (Accord), Chandra Dantam (Procter & Gamble)
L-R: Alexa Burr (ACC), Kate Clemans (Crowell and Moring), Christian Richter (Nickel Institute), Andrew Liu (Chemours), Derek Swick (API), Marianne Heinrich (B&P), Helen Medina (USCIB), Don Wilke (Procter & Gamble), Dusanka Sabic (Accord), Chandra Dantam (Procter & Gamble)

Central to the modern economy, chemicals and products they are used in are traded widely across borders. Because they add value to so many different consumer goods, chemicals are a staple economic building block for the member countries of the Asia Pacific Economic Cooperation (APEC) forum.

Regulatory cooperation and good regulatory practices was the focus of this year’s third APEC Senior Officials Meeting (SOM III) hosted in the Philippines. Trade officials, regulators and industry representatives from the APEC region met for 3 days to share information, discuss various challenges facing the chemicals industry and agree on action items to address issues of mutual concern.

Helen Medina, USCIB’s vice president for product policy and innovation, attended SOM III from August 25-29, representing USCIB member views at several important meetings, including the APEC regulators forum, the Chemical Dialogue and a workshop on good regulatory practices.

In addition to Medina, other USCIB members attending those meetings included representatives from the American Chemistry Council, Boeing, American Petroleum Institute, British Petroleum, Chemours, Crowell & Moring, Nickel Institute, P&G and the Society of Chemical Manufactures and Affiliates.

Participants at these meetings agreed to work on the following items:

  • A checklist to promote implementation of the Chemical Dialogue Best Practice Principles
  • Outreach to the APEC Economic Committee for further cooperation, including proposing a potential chemical-specific panel during the EC’s Good Regulatory Practice, which will take place in Peru in 2016.
  • A new document outlining the Chemical Industry Priorities for the Negotiation of Regional and Bilateral Free Trade Agreements
  • A new Capacity Building Workshop related to Globally Harmonized System of Classification and Labeling of Chemicals

15th-CHEMICAL-DIALOGUEAt the APEC Chemical Dialogue, USCIB also brought to the table two new ideas to help bolster regulatory cooperation and streamline customs procedures in the APEC region: 1) a self-certification customs form, in which an importer of goods would self-certify that their imports comply, and 2) a regional capacity-building project related to the theme of  “Analogue/Read-across use in Risk Assessment.”

 

USCIB Opposes Stringent Chemicals Regulations in China

Test_tubesOn July 30, USCIB submitted comments to China’s Ministry of Environmental Protection expressing concern with draft language in China’s recently revised guidance on new chemical substances. New language suggests that any new chemical substance in an article that could potentially result in exposure to the environment or humans will be subject to full chemical notification obligations.

USCIB noted that this new requirement would be unnecessarily burdensome, imposing exorbitant costs on importers of articles. Importers would face challenges in obtaining information about the presence of chemicals in articles in order to assess potential compliance. This requirement would be imposed even if there is no corresponding benefit to the protection of human health or the environment.

“In others countries, chemical registration or new chemical notification requirements are much more limited with respect to chemicals in articles,” said Helen Medina, USCIB’s vice president for product policy and innovation. “It is not technically or economically feasible to test every article for every chemical that might be contained in each article.”

USCIB members support efforts to protect human health and the environment, and comply with a variety of national regulations including those specific to chemicals.  For this reason, USCIB is actively engaged in the Strategic Approach to International Chemicals Management (SAICM), chemicals and green economy discussions at the United Nations Environment Program (UNEP), and chemicals deliberations at the Organization for Economic Cooperation and Development (OECD) and at the Asia-Pacific Economic Cooperation (APEC) chemical dialogue.

USCIB Leads Business Interests in UNEP Chemicals Program

Test_tubesUSCIB lead a multi-industry association effort urging the United Nations Environment Program (UNEP) to make its Chemicals in Products (CiP) program initiative attractive to business.

“Many global industry sectors have well-established systems for suppliers to communicate relevant information on chemicals in products that they place on the market,” USCIB and other business associations said in a statement. “It is recognized that such systems, however, may not yet be fully realized or internalized in many developing nations. This poses the biggest challenge to standardizing global approaches on chemicals.”

Central to the modern economy, chemicals are traded widely across borders and are used in the production of thousands of different products, from pharmaceuticals to computer microchips.

The International Conference on Chemicals Management (ICCM) is an inter-governmental ministerial that convenes UN member delegates and stakeholders for discussions on chemicals management. Adopted by ICCM in 2006, the Strategic Approach to International Chemicals Management (SAICM) is a policy framework aimed to foster the safe and sound management of chemicals. SAICM’s Chemicals in Products (CiP) program a voluntary initiative designed to give guidance on how to share relevant information on chemicals in products along the supply chain and throughout their life cycle.

In a letter submitted to UNEP, USCIB and nine other industry associations noted that in order for the Chemicals in Products (CiP) to achieve its objectives, it should acknowledge the array of existing company, industry and regional systems and programs for communicating reliable, relevant information on chemicals contained in products that are placed on the market.

USCIB will continue to monitor work on SAICM and provide regular updates to members. Medina will attend the fourth International Conference on Chemicals Management in September 2015.

USCIB Cautions Against WHO Motion to Ban Chemicals

chemicals_globe_lo-resThe World Health Organization recently urged the United Nations Commission on Narcotic drugs to ban two chemical substances commonly found in electronics, telecommunications and other products following findings that these substances can be used for illicit purposes.

USCIB and its membership appreciate the WHO’s concern regarding the misuse of these two chemicals, 1,4-butanedio (BDO) and gamma-butyrolactone (GBL). However, in a submission last week to the Federal Register Notice to help inform the U.S. government on the issue, USCIB urged the FDA to consider the potential adverse economic impact of banning the use or restricting the manufacturing of those substances.

“GBL and BDO are high-volume industrial chemicals with multiple uses that touch nearly every part of the economy,” USCIB wrote in a statement. “The chemical industry takes significant steps to educate its customers and coordinate with regulators and law enforcement authorities to help prevent diversion and misuse of its products.”

Furthermore, the industries that manufacture and use BDO and GBL have adopted product stewardship programs that supplement the requirements of existing laws.

Banning these substances entirely would hurt a wide range of U.S. industries. Given the critical importance of GBL and BDO to the U.S. economy, the product stewardship programs that are in place to help prevent the misuses of these substances and the potentially devastating impacts of listing under the Psychotropic Convention, USCIB urges the U.S. Government to oppose listing these chemicals under the Convention.

 

USCIB Adds Business Voice in Fight Against NCDs

WHO_hq_lo-resUSCIB submitted comments to the World Health Organization (WHO) on February 6 stressing the role business plays in combating malnutrition and other non-communicable diseases (NCDs). NCDs are responsible for over 60 percent of the world’s premature deaths, according to the WHO.

Last year the WHO established the Global Coordination Mechanism on the Prevention and Control of Non-communicable Diseases, an intergovernmental body designed to coordinate activities and multi-stakeholder engagement across sectors as the WHO works toward implementing an Action Plan on NCDs.

“We believe that the private sector has a legitimate role to play in working with the WHO, its Members States and civil society to curb NCDs,” wrote Helen Medina, USCIB’s senior director for product policy and innovation in a submission co-signed by the International Organization of Employers, “and it wants to be part of the solution.”

The submission noted that all companies have an interest in ensuring they have a healthy and resilient workforce, and for that reason the private sector must be included in policy discussions about how to best address NCDs. USCIB reiterated its messages that self-regulation can play a constructive role, public-private partnerships are an effective response to global health challenges and taxes on various foods and beverages have negative, unintended consequences, especially for societies’ poorest consumers.

The submission also included examples from USCIB member companies of business initiatives aimed at improving global health, such as The Coca-Cola Company’s support of the “Exercise is Medicine” program, which encourages doctors to include exercise when designing treatment plans for patients. Also, Nestlé’s Healthy Kids Global Program is a partnership initiative aimed at raising nutrition knowledge and promoting physical activity among school-age children. The program reached almost seven million children in 68 countries at the end of 2013. And Pfizer has supported a pilot project in China called “Healthy Heart – New Life,” focused on developing work-related healthcare services to address chronic disease.

 

USCIB Looks Ahead to Int’l Conference on Chemicals Management

Helen Medina (USCIB) speaks at the second meeting of the Open-Ended Working Group of ICCM in Geneva on December 16. (Credit: International Institute for Sustainable Development)
Helen Medina (USCIB) speaks at the second meeting of the Open-Ended Working Group of ICCM in Geneva on December 16. (Credit: International Institute for Sustainable Development)

Central to the modern economy, chemicals are traded widely across borders and are used in the production of thousands of different products, from pharmaceuticals to computer microchips.

The International Conference on Chemicals Management (ICCM) is an inter-governmental ministerial that convenes UN member delegates and stakeholders for discussions on chemicals management. Adopted by the International Conference on Chemicals Management (ICCM) in 2006, the Strategic Approach to International Chemicals Management (SAICM) is a policy framework aimed to foster the safe and sound management of chemicals.

In December, Helen Medina, USCIB’s senior director for product policy and innovation, attended the Second Open-Ended Working Group of ICCM in Geneva to represent American business interests in the lead-up to the next ICCM ministerial, scheduled to take place in late September 2015.

Approximately 335 delegates attended the working group, representing 105 governments, five UN agencies, 12 intergovernmental organizations, and 38 non-governmental and industry organizations. At the meeting USCIB shared its concerns about SAICM’s Chemicals in Products program (CiP), a voluntary initiative designed to give guidance on how to share relevant information on chemicals in products along the supply chain and throughout their life cycle. Industry representatives argued that elements of the CiP draft text were too prescriptive, and that efforts should be made to make the document more attractive to business.

USCIB will continue to monitor work on SAICM and provide regular updates to members. Medina will attend the fourth International Conference on Chemicals Management in September 2015.

Full House ICC Conference Elucidates New EU Rules on Genetic Resources

4926_image002The International Chamber of Commerce (ICC) hosted a conference in Paris on November 24 and 25 which shed light on the new European Union (EU) regulation regarding Access and Benefit-sharing (ABS). ABS refers to the way in which genetic resources such as plant and animal products may be legally accessed, and how users and providers reach agreement on the fair sharing of the benefits that arise from the use of these products.

The United Nations Convention on Biological Diversity concluded the Nagoya Protocol in 2010, which provides an international framework for establishing national regimes on ABS.

Featuring a panel of high-level speakers representing government agencies and the private sector, ICC’s sold-out event brought together executives and policymakers to discuss how the new regulation affects their daily operations. The two-day conference convened over 120 participants from 16 countries representing a wide variety of sectors including cosmetics, pharmaceuticals, biotechnology, plant and animal breeding, collections and museums, as well as government representatives.

“It is very important to get to know better the new EU regulation as it may affect any professional involved in the manufacturing, development and distribution of genetic resources,” said Alicja Kozlowska, ABS policy officer of the European Commission.“The conference was a unique opportunity to throw some light on the scope of the obligations flowing from the regulation.”

The first day of the event featured an overview of the new EU ABS regulation covering topics such as scope and due diligence requirements under national and international regimes.The second day featured a program of technical workshops on tools to facilitate compliance, as well as commercialization and transactions with customers and licensees inside and outside the EU. Afternoon sessions highlighted industry best practices with panelists who shared their best practices.

ICC played an active role coordinating business participation in the Nagoya Protocol negotiations and continues to coordinate business input in the process of national implementation of the protocol.

 

Medina Briefs Consumer Products Companies on Global Product Policy

Helen Medina, USCIB’s senior director for product policy and innovation, addressed the Consumer Specialty Products Association’s International Committee’s mid-year meeting, May 6 in Chicago, providing CSPA members with an update on international product policy issues. CSPA, which represents hundreds of companies that manufacture, formulate, distribute and sell a wide range of consumer products, is a member of USCIB.

Medina presented an overview of USCIB’s product policy priorities, which include a science-based approach to chemicals life-cycles management and bringing downstream users’ perspectives to policy-making decisions. She also discussed three important international forums for USCIB Product Policy Working Group:

  • work in the Asia Pacific Economic Cooperation (APEC) process
  • the UN’s Strategic Approach to International Chemicals’ Management (SAICM) process, and
  • the work of the UN Environment Program.

In addition, USCIB has been working to provide input on Korea’s new chemical regulation, referred by many observers as “Korea REACH” due to the legislation’s similarities to the European Union’s REACH (registration, evaluation and authorization of chemicals) rules.

Medina’s main takeaway points were that these inter-governmental discussions of product policy matter for companies of all sizes, that business can and must be involved in the process, and that different industries must work together to present a common private-sector viewpoint and positions.

Staff contact: Helen Medina

More on USCIB’s Product Policy Working Group

USCIB Takes Part in APEC Chemicals Meetings

Sarah Green, senior science advisor with the State Department, and USCIB’s Helen Medina (right) at the APEC Chemicals Dialogue steering group meeting in Ningbo, China.
Sarah Green, senior science advisor with the State Department, and USCIB’s Helen Medina (right) at the APEC Chemicals Dialogue steering group meeting in Ningbo, China.

Earlier this month, Helen Medina, USCIB’s senior director for product policy and innovation, took part in the APEC Chemical Dialogue Steering Group and related meetings in Ningbo, China. The sessions were held in concert with the first APEC senior officials meeting of China’s host year.

The goal of the steering group meetings was to prepare for the upcoming APEC Chemical Dialogue meeting in August, which will take place in the northern Chinese city of Harbin.

The Chemical Dialogue is an important forum in which APEC officials and industry representatives come together for public-private dialogue on chemical issues in the Asia-Pacific region. It affords industry representatives an opportunity to work with regulators and trade officials from the APEC economies on a variety of project-based issues.

Prior to the steering group sessions, there was an industry meeting in which industry participants gathered to discuss their priorities going forward and to formulate industry-wide positions, which were then discussed with their government counterparts. During the discussion about the types of outcomes industry is seeking, Medina made an intervention about the importance of having the downstream user’s perspective in the work.

Medina also suggested that, in order to promote the common goal of regulatory coherence throughout the economies participating, it would be useful to identify the projects that each of these initiatives is undertaking that relates to the regulation of chemicals, and to describe the work that is being done.

The major themes of the steering group meeting dealt with regulatory cooperation and concrete projects. One item of particular importance to USCIB members is how confidential business information is being treated in APEC economies. USCIB has taken a lead by developing a survey to address this question.

Medina presented the objectives and importance of the survey. She reminded participants that no other international governmental organization, such as APEC, is discussing this topic and that the chemical dialogue has the opportunity to produce a work project to better understand how APEC economies are sharing information.

Once information has been gathered from the survey, the goal would be to foster a discussion on how the Chemical Dialogue can work to converge on how economies protect confidential business information, and what type of information is considered confidential. The analysis of the results will be reported in Harbin later this year.

Other items discussed included a proposal for a workshop on regulatory cooperation at the Harbin meeting, which won wide support. The goal is to highlight issues to consider when implementing best practices for chemical management. USCIB will volunteer to be on the steering committee which will develop the workshop.

Another item, which comes under the theme of sustainability, was related to a Cooperative Activity in the Asia-Pacific on Marine Debris. The idea is to a establish a work stream to promote regional awareness and adoption of strategies to effectively manage and extract value from municipal solid waste, and to energize collaborative approaches to reducing plastic marine debris, including efforts to reduce plastic packaging through innovative product. This work could also contribute to broader APEC work on ocean issues.

Finally, Medina updated APEC members on the Strategic Approach to International Chemicals Management (SAICM) UN Environment Program-led project on Chemicals in Products. She highlighted industry’s concerns with the project and urged Chemical Dialogue members to get in touch with SAICM representatives that are involved. Given the importance of the project, participants agreed that it is imperative to keep this item on the agenda for the Chemical Dialogue in Harbin.

At the end of the meeting, Ryan Macfarlane, the State Department’s principal APEC coordinator, was formally introduced as chair of the Chemical Dialogue, succeeding Barbara Norton of USTR, who has retired.

Staff contact: Helen Medina

More on USCIB’s Product Policy Working Group