USCIB ICT Committee Announces Leadership Changes

USCIB has announced the appointment of Mastercard Fellow JoAnn Stonier as the new chair of the USCIB ICT Policy Committee, effective October 1. Current Committee chair Ellen Blackler (Disney) will be stepping down from the chairmanship on September 29. Blackler will remain a member of the ICT policy committee.

“We’d like to express our gratitude to Ellen for five outstanding years of leadership, during which she led the committee through many challenging issue areas,” said USCIB Vice President for ICT Policy Barbara Wanner. “Concurrently, we’re delighted that JoAnn will take on the important role of driving the committee’s ongoing work and strategy.”

According to Wanner, Stonier has been involved in the Committee’s work for many years and, through USCIB’s affiliation with Business at OECD (BIAC), has made impressive contributions to the OECD’s privacy and data governance work. She also participated in the recent Metaverse Roundtables in May and June 2023, which were organized by BIAC and The USCIB Foundation.

USCIB Provides Comments on China’s WTO Compliance, Urges Customs Reform, IP Protection and Open Market Access

USCIB submitted comments on September 20 to the U.S. Trade Representative (USTR) regarding China’s WTO compliance with its World Trade Organization commitments. The submission raised a variety of concerns, including shortcomings with respect to intellectual property (IP) protection, trade facilitation, and market access.

The report notes that although China has improved many of its key IP laws since acceding to the WTO, there is a continued need to pressure China to comply with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) standards. According to USCIB, China provides inadequate criminal liability for copyright offenses and establishes inadequate thresholds for making a copyright case.

The submission also focuses on sectoral issues, such as agriculture and grain exports, high levels of piracy in the audiovisual sector and a lack of openness in the Chinese telecommunications market. For example, China’s Telecom Services Catalog incorrectly classifies a wide range of ICT technologies and services as telecom services, and there is increased scrutiny over China’s Cybersecurity Law. The comments put pressure on the U.S. government to address these key areas for global commerce, trade facilitation and security.

Echoing USCIB’s 2022 submission regarding China’s WTO compliance to USTR, the comments continue to voice concern over the Section 301 tariffs imposed against Chinese imports.

“USCIB condemns the unfair Chinese practices identified under the Section 301 investigations, including forced technology transfer requirements, intellectual property infringements, state interventions, and other unfair trade practices that harm U.S. companies, workers, consumers, and competitiveness. While we remain wholly committed to U.S. efforts to confront unfair trade practices, we are concerned that the Section 301 tariffs imposed against Chinese imports have done more harm than good, raising the cost of doing business in the United States and increased prices for U.S. families and workers,” said USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark.

“China remains an important player on the world stage, and although cooperation can be challenging, we must continue to push for transparency and open market access,” she added. “Ensuring that China remains compliant with WTO regulations by bilaterally addressing challenges must remain a priority for the United States.”

Wanner Delivers Stakeholder Intervention at UN on New Cybercrime Convention 

Barbara Wanner

This week, the United Nations convened a meeting to finalize a new draft UN Convention that would counter the use of ICTs for cybercrime. USCIB Vice President for ICT Policy Barbara Wanner was on the ground in New York and delivered a stakeholder intervention that focused on scope of the Convention and data protection safeguards.  

The negotiation for the text of this new Convention, officially called the “Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communications Technologies for Criminal Purposes,” aims to address the abuse of information technologies to scale and speed crimes such as terrorism, human trafficking, smuggling of migrants, drug trafficking, and illicit manufacturing and trafficking in firearms.    

Wanner’s intervention reflected comments also made by the International Chamber of Commerce (ICC), USCIB member Microsoft, and the Cybersecurity Tech Accord. 

“The Convention should align with existing instruments and data protection standards to avoid conflict of laws, confusion, delays, increased costs, and potential cooperation breakdown,” said Wanner. Wanner also addressed the draft’s provisions for government access to personal data, related to a wide variety of cyber-enabled crimes that are not currently defined in the draft without appropriate safeguards.  

“Combined with the lack of clarity on jurisdiction for this category of crimes, data custodians will have no way of determining whether government requests for data access are reasonable and proportional,” added Wanner. 

Wanner referenced the OECD Declaration on Government Access to Personal Data Held by Private Sector Entities, adopted in December 2022, as a good model.  

“The OECD framework aims to clarify how national security and law enforcement agencies can access personal data under existing legal frameworks,” added Wanner. 

USCIB Joins Industry in Statement Supporting Digital Trade in Africa

USCIB joined 11 other industry associations to urge negotiators to develop comprehensive and in-depth pan-African digital trade commitments for the African Continental Free Trade Area (AfCFTA).

According to the statement, Africa is positioned to become a global leader in developing global transformation opportunities across a multitude of sectors. In order to facilitate this, access to the global digital economy must be a key part of the continent’s strategy for growth and development. A digital transformation for Africa will improve innovation, facilitate job creation, and ease efforts for achieving equity, particularly for micro/small/medium-sized enterprises (MSMEs). The continent holds an enormous market for job opportunities that incorporate emerging digital technologies, and facilitating this transition through the removal of infrastructure barriers is crucial.

The statement calls for “proactive efforts by African leaders” to support clear digital trade rules for the AfCFTA and demands a steady commitment to the digital transformation by implementing these rules in an efficient manner. Specifically, USCIB and industry leaders urge that AfCFTA establishes a moratorium on tariffs and customs formalities for electronic transmissions, prohibits restrictions on the cross-border flow of data and forced localization of computing facilities and implements transparent and accountable regulatory practices for digital trade.

USCIB encourages African leaders to support growth on the continent by implementing clear and strong digital trade rules that are founded on best practices and supported by a commitment to transparency and digital innovation.

The full statement can be found here.

Global Associations Request Consultation With India on Proposed Telecoms Bill

USCIB joined nearly a dozen other associations, such as BSA, ITI and the App Association, to request a consultation with the government of India on India’s proposed Telecommunications Bill. India is in the process of finalizing a second draft of the Bill.

The associations, which represent global companies that develop, sell or rely on digital technologies and services, support the Government of India’s commitment to promoting digital inclusion and catalyzing the next generation of digitally enabled economic growth.

The letter states: India is a global technology leader that creates and supplies goods and services to contribute to a productive, competitive, and innovative global economy and society. Thoughtful regulatory approaches have been critical to that success.

To read the letter, please click here.

Wanner Speaks at UN Stakeholder Meeting on Security and Use of ICTs

USCIB Vice President for ICT Policy Barbara Wanner joined a stakeholder consultation alongside other non-governmental organizations in an informal dialogue of the United Nations’ Open-Ended Working Group (OEWG) on security and the use of information and communications technologies (ICT’s) (2021-2025).

According to Wanner, the OEWG is mandated to further develop rules, norms and principles of responsible behavior for governments related to ICT security, such as information and data, as well as possible cooperative measures to prevent and counter threats.

Wanner’s intervention focused on three points; timely involvement of the business community, especially during cybersecurity incidents, a shared approach to capacity building and the importance of convening experts on the impact of AI, quantum computing and other technologies on international security.

“As UN members states consider how to harness these technologies to enhance security – as well as address potential risks they pose – we urge you to include stakeholders to ensure a holistic and thoughtful examination of what is new, what is different and what warrants policy and regulatory adaptions,” said Wanner.

Hosted by the OEWG Chair, the Permanent Representative of Singapore to the UN Burhan Gafoor, the dialogue provided an opportunity for continued interaction between the stakeholder community and governments.

This stakeholder consultation was scheduled ahead of the fifth substantive session of the OEWG taking place later this month at the UN headquarters in New York.

EU-U.S. Data Privacy Framework (EU-U.S. DPF)

Cyber security concept with lockThe United States Council for International Business (USCIB) advances the global interests of American business both at home and abroad.  It is the American affiliate of the International Chamber of Commerce (ICC), the Business and Industry Advisory Committee (BIAC) to the OECD, and the International Organisation of Employers (IOE).  As such, it has agreed to act as a trusted third party on behalf of the European Union (EU) data protection authorities (EU DPAs).

Background

The EU-U.S. Data Privacy Framework (EU-U.S. DPF), as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from EU member countries to companies in the United States, requires that participating U.S. companies have in place appropriate independent recourse mechanism/s (IRMs) for dispute resolution.  Any company may choose the EU Data Protection Authorities (EU DPAs) to serve as an IRM for dispute resolution; however, any company that wishes to cover ‘human resources data’ (i.e., personal information about employees, past or present, collected in the context of the employment relationship) under its self-certification of compliance pursuant to the EU-U.S. DPF must use the EU DPAs as the IRM for that category of data.

On July 10, 2023, the European Commission’s adequacy decision for the EU-U.S. DPF entered into force. The EU-U.S. DPF Principles entered into effect as of the same date. U.S. based organizations that self-certified their commitment to comply with the EU-U.S. Privacy Shield Framework Principles must comply with the EU-U.S. DPF Principles, including by updating their privacy policies by October 10, 2023. Those organizations do not need to make a separate, initial self-certification submission to participate in the EU-U.S. DPF and may begin relying immediately on the EU-U.S. DPF adequacy decision to receive personal data transfers from the European Union / European Economic Area. The updating and renaming of the privacy principles under the EU-U.S. DPF does not change such an organization’s re-certification due date. Organizations that self-certified their commitment to comply with the EU-U.S. Privacy Shield Framework Principles, but do not wish to participate in the EU-U.S. DPF must complete in accordance with International Trade Administration (ITA) procedures the withdrawal process referred to in section (f) of the Supplemental Principle on Self-Certification.

Effective July 17, 2023, eligible organizations in the United States that wish to self-certify their compliance pursuant to the UK Extension to the EU-U.S. DPF may do so; however, they may not begin relying on the UK Extension to the EU-U.S. DPF to receive personal data transfers from the United Kingdom (and Gibraltar) before the date that the United Kingdom’s anticipated adequacy regulations implementing the data bridge for the UK Extension to the EU-U.S. DPF enter into force. Organizations that wish to participate in the UK Extension to the EU-U.S. DPF must also participate in the EU-U.S. DPF.

On July 17, 2023, the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) Principles will enter into effect. Organizations that self-certified their commitment to comply with the Swiss-U.S. Privacy Shield Framework Principles must comply with the Swiss-U.S. DPF Principles, including by updating their privacy policies by October 17, 2023. Those organizations do not need to make a separate, initial self-certification submission to participate in the Swiss-U.S. DPF; however, they may not begin relying on the Swiss-U.S. DPF to receive personal data transfers from Switzerland until the date of entry into force of the Swiss Federal Administration’s anticipated recognition of adequacy for the Swiss-U.S. DPF. The updating and renaming of the privacy principles under the Swiss-U.S. DPF would not change such an organization’s re-certification due date. Organizations that self-certified their commitment to comply with the Swiss-U.S. Privacy Shield Framework Principles, but do not wish to participate in the Swiss-U.S. DPF, must complete in accordance with ITA procedures the withdrawal process referred to in section (f) of the Supplemental Principle on Self-Certification.

For all companies that have chosen or are required to use the EU DPAs as the IRM for dispute resolution (i.e., have agreed to cooperate with and comply with the advice of the EU DPAs concerning the investigation and resolution of complaints brought under the EU-U.S. DPF Principles), an annual fee must be paid to the USCIB in the amount of US $50.00 to cover the operating costs of the EU DPA panel. The USCIB has agreed to serve as the custodian of the funds collected through the EU DPA panel fee, but does not itself serve as an IRM.

Payment to USCIB

You may use the following link to pay US $50.00 to cover the operating costs of the EU DPA panel — https://dataprivacyframework.uscib.org/. A company’s payment of this fee to USCIB does not obviate the need for that company to self-certify its commitment to the EU-U.S. DPF. Information concerning the self-certification process under the Data Privacy Framework (DPF) program administered by the U.S. Department of Commerce, and other resources concerning the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF is available on the Department’s DPF program website: https://www.dataprivacyframework.gov/.

Information, Communications and Technology

Trends and Challenges Facing the ICT Sector:

  • The digital transformation of the economy affecting areas from trade to tax to labor as well as emerging technologies such as AI, IoT and Blockchain
  • The efforts of some UN Security Council members to bring governance of the Internet, management of the domain names system and cybersecurity norms and regulations under the purview of the UN and other intergovernmental forums
  • Privacy regulations that prove overly burdensome to business operations or hamper innovation

USCIB’s Response:

Magnifying Your Voice with USCIB:

  • USCIB is the only U.S. business association formally affiliated with the world’s three largest business organizations where we work with business leaders across the globe to extend our reach to influence policymakers in key international markets to American business
  • Build consensus with like-minded industry peers and participate in off-the-record briefings with policymakers both home and abroad.

USCIB on LinkedIn

Positions and Statements

Wanner Delivers Stakeholder Intervention at UN on New Cybercrime Convention  (8/23/2023) - This week, the United Nations convened a meeting to finalize a new draft UN Convention that would counter the use…
USCIB Joins Industry in Statement Supporting Digital Trade in Africa (8/2/2023) - USCIB joined 11 other industry associations to urge negotiators to develop comprehensive and in-depth pan-African digital trade commitments for the…

Read More

News Stories

USCIB ICT Committee Announces Leadership Changes (9/27/2023) - USCIB has announced the appointment of Mastercard Fellow JoAnn Stonier as the new chair of the USCIB ICT Policy Committee,…
USCIB Provides Comments on China’s WTO Compliance, Urges Customs Reform, IP Protection and Open Market Access (9/27/2023) - USCIB submitted comments on September 20 to the U.S. Trade Representative (USTR) regarding China’s WTO compliance with its World Trade…

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Press Releases

USCIB Joins Global Business Effort on EUCS Without Sovereignty Requirements (5/25/2023) - Washington DC, May 25, 2023—The United States Council for International Business (USCIB) has joined forces with businesses based in the…
USCIB Welcomes Adoption of OECD Principles on Government Access to Personal Data Held by Private Entities (12/14/2022) - Gran Canaria, Spain, December 14, 2022—Ministers of OECD countries responsible for digital economy policy today adopted a ground-breaking Declaration on…

Read More

Op-Eds and Speeches

Hampl Gives Testimony on US-UK Trade Agreement (1/29/2019) - Following USCIB’s submission on January 16 to USTR regarding negotiating objectives for a U.S.-UK Trade Agreement, USCIB Senior Director for…
USCIB Op-Ed: Time for Some ‘Tough Love’ at the UN (5/2/2017) - USCIB President Peter Robinson, writing in The Hill, urges U.S. officials to help the United Nations focus its efforts and…

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Chair

Ellen Blackler
Vice President, Global Public Policy
The Walt Disney Company

Digital Cooperation Task Force Leadership

Melike Yetken Krilla
Head of International Organizations
Google Inc.

Susan Mohr
Director, International Regulatory Affairs
Lumen

ITU Task Force Leadership

Amy Alvarez
AVP – International External & Regulatory Affairs
AT&T

Christopher Wilson
Senior Manager, Public Policy
Amazon

Staff

Barbara Wanner
Vice President, ICT Policy
202-617-3155 or bwanner@uscib.org

Nan Schechter
Program and Policy Associate, Digital Issues
202-682-7465 or nschechter@uscib.org

USCIB Participates in US-EU Trade and Technology Council Meeting in Sweden

USCIB Vice President for International Investment and Trade Policy Alice Slayton Clark was in Luleå, Sweden to attend the fourth meeting of the U.S.-EU Trade and Technology Council (TTC), a platform to advance Transatlantic cooperation and democratic approaches to trade, technology, and security.   

An official delegate, Clark served as a principal in the TTC’s Trade and Labor Dialogue (TALD), a selective exchange between business and unions on both sides of the Atlantic to explore policies related to the intersection of trade, labor and technology. The meeting in Luleå showcased an agreement on forced labor trade strategy principles reached between business and labor partners. The principles reflect inputs from USCIB members on the need for a “multifaceted” approach involving diplomacy, foreign assistance, capacity building, and supply chain due diligence to address the root causes of the problem. Because industry and unions could not reach agreement on the role of border enforcement as a trade tool, footnotes were inserted to reflect differences. 

“USCIB is pleased business and unions were able to agree through the TALD process on principles to address forced labor,” Clark asserted.  “Importantly, the document notes industry support for incentives rather than punitive border measures as trade tools of choice to prevent violative goods from being produced and entering into commerce in the first place.”    

Also discussed by TALD participants were trade and labor issues linked to the green transition, a topic of key concern to the US and EU and showcased in official visits to the green steel Hybrit plant in Luleå. USCIB initial views on the topic promoted a comprehensive strategy of trade, investment, education and training policies. USCIB will work with members to develop these points as the TALD green transition discussions continue in the months ahead.   

Importantly, the TTC meeting also produced a Joint Statement that reaffirms transatlantic alignment on the war in Ukraine, reform of the World Trade Organization, policies against economic coercion and pursuit of supply chain diversification. Many issues discussed at the meeting reflect transatlantic convergence on policies related to Russia and China. As such, according to Clark, the TTC continues to draw high level government participation including full engagement from U.S. Secretary of State Antony Blinken, Secretary of Commerce Gina Raimondo, U.S. Trade Representative Katherine Tai, European Commission Executive Vice President Valdis Dombrovskis and European Commission Executive Vice President Margreth Vestager.     

Other key issues advanced in Luleå were the launch of principal level consultations to head off subsidy races for the semiconductor industry, a task force to address cooperation in quantum technologies, the development of a work program for the Transatlantic Initiative on Sustainable Trade, exploration of increased use of digital tools to enhance trade, continued cooperation on export controls, illegal diversion of technologies and sanctions, availability of critical minerals, and managing emerging technologies, such as Artificial Intelligence. 

Robinson Joins BIAC’s London Consultation in Advance of 2023 OECD Ministerial Meeting

USCIB President and CEO Peter Robinson joined Business at OECD (BIAC) Chair and USCIB Vice Chair Rick Johnston (Citi Group) in London for the annual BIAC/TUAC (Trade Union Advisory Committee) and OECD consultation with the Chair government of the OECD Ministerial—this year being the UK government. The consultation, aimed at preparing for the 2023 OECD Ministerial meeting, was held at the Foreign, Commonwealth & Development Office (Whitehall).

Hanni Rosenbaum (Business at OECD) and Peter Robinson (USCIB)

The high-level BIAC and TUAC delegations, representing OECD’s key institutional stakeholders, met with the OECD Ministerial Council Bureau and leadership, including UK Minister of State for Indo-Pacific the Rt. Hon. Anne-Marie Trevelyan and OECD Secretary General Mathias Cormann. This session provided a critical opportunity to provide targeted input to the Ministerial agenda, share business priorities and help guide expected key deliverables.

The annual OECD Ministerial will take place on June 7-8 in Paris under the theme “Securing a Resilient Future: Shared Values and Global Partnerships.” The Ministerial will convene Ministers of Economy, Foreign Affairs and Trade from OECD countries and beyond.

Robinson with ICC UK and ICC Germany Secretary Generals

While in London, Robinson met separately with ICC UK Secretary General Chris Southworth and staff, together with ICC Germany Secretary General Oliver Wieck, who was also in town. The three ICC National Committee heads discussed ICC activities and priorities, including the Digital Standards Initiative.