United States Council for International Business

Salvaging the WTO Trade Facilitation Agreement

World Trade OrganizationBy Rob Mulligan

On July 31, India blocked the implementation of the Trade Facilitation Agreement (TFA) approved by all the members of the World Trade Organization (WTO) last December, effectively preventing a deal that would have cut red tape at air- and seaports, created 21 million jobs and added $1 trillion to the global economy over the course of a decade.

USCIB advocated vigorously for the agreement’s adoption and implementation, helping to form a business coalition dedicated to moving the deal forward, and participating in a social media campaign led by the International Chamber of Commerce (ICC) to #savetheTFA.

Despite the global business community’s appeals, India’s action meant that WTO members failed to reach an agreement by the July 31 implementation deadline, sapping confidence in the WTO as a forum for multilateral negotiations and undermining the organization’s credibility as a monitor of international trade policies. Shortly before members missed the deadline, WTO Director General Roberto Azevedo noted “if the system fails to function properly, then the smallest nations will be the biggest losers.”

India actually stood to benefit handsomely from the TFA, with research suggesting that the agreement’s implementation would have added $21 billion to India’s economy by 2020. New Delhi blocked the deal and held it hostage because it sought to renegotiate multilateral rules that would exempt Indian food security subsidies from WTO review. But by delaying the TFA’s implementation, it will now be more difficult to address broader multilateral trade negotiations, including food security subsidies.

All is not lost, however, and it is worth noting that there are options to get countries back to the negotiating table. For example, the Peterson Institute’s Jeffrey F. Schott and Gary Clyde Hufbauer have published an article in which they put forward a number of ideas to salvage the TFA. Schott and Hufbauer are the authors of an earlier study that estimated the payoff from the TFA would amount to $1 trillion to global GDP over time. They argue that if obstructionist countries do not relent, the next best alternative would be a plurilateral TFA, binding only those member countries who sign on to the deal.

There is a window of opportunity to salvage the TFA and the WTO multilateral system when trade ambassadors return to Geneva in September. In the lead-up to these negotiations, USCIB will be reviewing the Peterson study and other analyses, and working with the United States government, ICC and other members of our global network to get the TFA talks back on track as soon as possible. USCIB is also organizing a forum for discussing the TFA and other trade issues at our October 30 conference: Exploring New Approaches to Trade, Investment and Jobs.

Rob Mulligan is senior vice president of policy and government affairs at the United States Council for International Business.

Staff contact: Rob Mulligan

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Business Pushes for Trade Promotion Authority

4597_image001The business community is urging Congress to act swiftly to pass legislation giving the president fast-track ability to negotiate free trade agreements. Such legislation would require Congress to make up-or-down votes on ratification of trade pacts without amendment.

In a letter to the leadership of the Senate Finance and House Ways and Means committees seeking passage of Trade Promotion Authority, USCIB and the other members of the Trade Benefits America coalition urged passage of legislation before the end of the year, saying that, without action, high-level trade talks would be jeopardized.

“Currently, the United States is pursuing an exceptionally ambitious and diverse range of trade negotiations, including the Trans-Pacific Partnership, the Transatlantic Trade and Investment Partnership, and the Trade in Services Agreement,” coalition members wrote. “These negotiations involve important 21st century trade issues – such as foreign restrictions on cross-border data flows, unfair competition from state-owned enterprises, intellectual property rights, forced localization barriers to trade and investment, and international regulatory cooperation – that have evolved or emerged since 2002. By updating and passing TPA, Congress can help shape the negotiating goals pursued by U.S. negotiators while also strengthening the hand of those negotiators in achieving solid outcomes favorable to the United States.”

The letter said passage of TPA would strengthen the partnership between Congress and the executive branch – which the coalition said “has long proven critical to negotiating U.S. trade agreements and getting them implemented by Congress” – thereby helping to ensure a meaningful role for legislators at all stages of trade negotiations.

Staff contact: Rob Mulligan

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Global Industry Letter to China Urges for ITA Expansion

USCIB, along with numerous business associations and companies from around the world, signed a letter to Chinese Vice Premier Wang Yang urging for expanded product coverage of the Information Technology Agreement (ITA).

What would have been the final round of ITA expansion talks were suspended in Geneva the week before due to China’s “disproportionately large product sensitivities list” that was “more than twice as long as any other country’s sensitivities list and included a request for the removal of roughly 100 product lines from the negotiating table,” the letter remarked. This has become the main obstacle in obtaining an ambitious ITA expansion outcome this year, which would, by one estimate, add $190 billion to global GDP annually.

The letter states that “China stands to be one of the largest beneficiaries of an expanded ITA” because of its considerable presence in the global tech industry, boosting its economy and innovation capacity. The letter thus urges China to significantly reduce the size of its sensitivities list so that ITA talks can reach a conclusion and further increase economic growth, competitiveness, and innovation around the world.

Click here to read the global industry statement supporting ITA expansion, signed by 81 associations from 31 economies and regions around the world.

Staff contacts: Rob Mulligan and Justine Badimon

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Uncertainty Hampering Trade Finance ICC Survey Shows

4547_image002The International Chamber of Commerce’s 2013 survey on trade and finance, released in June, has found that a continued shortage of trade finance for international trade remains a major challenge for economic recovery and development, with many traders depending on overdraft and other corporate loans to finance exports and imports.

The proliferation of new regulations in recent years has increased cost pressure on financial institutions and depressed markets. Some 65% of surveyed experts said implementation of Basel III regulations is affecting the cost of funds and liquidity for trade finance. While many changes have already been implemented or proposed, the regulatory future remains unclear due to lack of harmonization, which remains a major problem for trade financiers and their clients.

The ICC survey positively indicates that despite uneven performance around the world in 2012, the market for trade finance does show signs of slow and steady growth, with temporary trade measures imposed during the financial crisis – including the rise in fees for trade –slowly being removed.

“This shows that financial intermediaries are continuing to satisfy the demand for financing and that investing in trade assets is part of a more sustainable model of banking, said Pascal Lamy, director general of the World Trade Organization, in the survey’s foreword.

Click here to read more on ICC’s website.

Staff contact: Eva Hampl

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ICC Recognized for Trade Services

The ICC Banking Commission has won the Trade and Forfaiting Review
2013 Excellence Award for Best Non-Bank Trade Services Provider.

With 80 years of experience and more than 600 members in over 100 countries, the commission is ICC’s largest commission and has gained a reputation as the most authoritative voice in the field of trade finance.

The ICC Banking Commission rules and related services include rules and guidelines on documentary credits, UCP 600 – the most successful privately drafted rules for trade ever developed – and Bank Payment Obligation rules on supply chain finance.

The award follows the commission’s recent launch of new standards in the field of trade finance, including Uniform Rules for Forfaiting and Bank Payment Obligation and International Standard Banking Practice.  Both publications are available for purchase in the USCIB International Bookstore.

Click here to read more on ICC’s website.

Business Trade Experts Work to Break Deadlock in Global Trade Talks

L-R: WTO Director General Pascal Lamy, ICC Honorary Chairman Victor K. Fung, USCIB Chairman (and ICC Vice Chair) Harold McGraw III, and ICC Chairman Gerard Worms.
L-R: WTO Director General Pascal Lamy, ICC Honorary
Chairman Victor K. Fung, USCIB Chairman (and ICC Vice Chair) Harold McGraw
III, and ICC Chairman Gerard Worms.

Business leaders and trade experts met in Geneva earlier this week for the first conference on the ICC Business World Trade Agenda, an initiative of the International Chamber of Commerce (ICC), part of USCIB’s global network. The initiative aims to ensure that business works together with governments to
drive more effective trade talks.

More than 70 business experts, including CEOs, senior corporate executives and representatives of business organizations, together with World Trade Organization (WTO) Director General Pascal Lamy, took part in the event. USCIB was represented by Chairman Harold McGraw III and Senior Vice President Rob Mulligan as well as a number of member executives.

Global business leaders involved in this initiative aimed to define multilateral trade negotiation priorities for business, and to help governments set a trade policy agenda for the 21st century that contributes to economic growth and job creation.

“It is crucial that governments work directly with the global business community to find answers to the current economic crisis,” said ICC Chairman Gerard Worms. “Opening trade and investment offers a stimulus to the global economy and would give business the clear sign that governments will not resort to protectionism.”

For the first time in 60 years, the multilateral trade negotiation process is at a standstill, and after 10 years, the Doha Development Agenda has reached a stalemate. Yet global trade remains a mainstay of the world economy and it is therefore crucial that global trade rules address the needs of the global marketplace.

“Business is especially troubled by the threat of increased protectionism from the world’s major economies. During this economic crisis, governments should be opening markets to stimulate their economies rather than putting up barriers to trade,” Victor K. Fung, chairman of the ICC Business World Trade Agenda initiative and honorary chairman of ICC said.

ICC launched in December 2011 the Business World Trade Agenda at the WTO Ministerial Conference in Geneva, answering the call from G20 leaders at the recent Summit in Cannes for new approaches to trade negotiations. ICC is bolstered by the support it has received from the WTO in engaging business to provide recommendations to advance global trade negotiations.

Read more on ICC’s website.

Staff Contact: Rob Mulligan

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Business Presses for Action on State-Owned Enterprises in Trans-Pacific Trade Talks

USCIB has joined with three other business groups in urging the U.S. government to propose strong disciplines on state-owned enterprises in the context of the Trans-Pacific Partnership (TPP) negotiations.

In a letter to Michael Froman, the deputy national security advisor for international economic affairs, and Demetrios Marantis, deputy U.S. trade representative, the groups wrote:

“On the eve of the Chicago Round, the stakes in the TPP could not be higher. A successfully concluded TPP that sets the benchmark for 21st century bilateral, regional and multilateral trade and investment disciplines will go a long way towards establishing new rules of the road that would help U.S. companies and workers overcome the serious disadvantages that they face in competition with SOEs as commercial actors.

“We are concerned, however, that the final text tabled by the United States in the negotiations may fall short of the robust and detailed disciplines that are needed to ensure that U.S. exporters, investors, and American workers are able to compete on a level playing field against SOEs and the government support which they receive through myriad preferential policies.  For our organizations, the TPP does not represent an incremental opportunity; it is an opportunity for an ambitious and game-changing approach worthy of the 21st century model it is intended to represent.

“As a result, we strongly encourage a final text be tabled that prescribes a detailed and comprehensive code of conduct to TPP negotiating partners.  This code of conduct should include disciplines and obligations that can effectively deter governments from employing policy mechanisms that advantage SOEs in the marketplace when in competition with private actors.”

Other groups signing the letter were the National Foreign Trade Council, Coalition of Service Industries and U.S. Chamber of Commerce.

Staff contact: Shaun Donnelly, sdonnelly@uscib.org

Business letter on Trans-Pacific Partnership

From the President: Dealing With State-Owned Enterprises (Winter 2010-2011)

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