Robinson Offers Ideas for WTO Reform at IOE-BIAC Meeting on Postponed WTO Ministerial

The International Organization of Employers (IOE) and Business at OECD (BIAC) co-hosted an event on March 2 to follow up on the postponed World Trade Organization (WTO) Ministerial. The event, titled “Trade policy to recover and to achieve employment goals and greater resilience: How can an open trading system adapt to the new sustainability expectations?” included representatives of IOE and BIAC member organizations, such as USCIB President and CEO Peter Robinson, who gave remarks on the topic: “What is needed for WTO reform?”

In his remarks, Robinson pointed out that all three of WTO’s core functions are in crises—negotiation among WTO’s 164 members whose interests greatly diverge, monitoring trade rules and transparency among members, and dispute settlement—the WTO’s Appellate Body, paralyzed since the end of 2019 thus making WTO trading rights virtually unenforceable.

“These three fundamental functions must be redesigned, reconfigured, or reimagined to be fit for purpose,” said Robinson. He then cited a proposed bill, introduced by Senators Rob Portman (R-Ohio) and Chris Coons (D-Delaware), the “Trading Systems Preservation Act,” which could help reinvigorate the WTO by pushing for agreements that aren’t required to be observed on a most-favored nation basis. “On the issue of negotiation, we also support advancing a comprehensive WTO reform agenda that tackles special and differential treatment, distortive non-market industrial subsidies and state-owned enterprises.”

“USCIB would like to lend its voice in emphasizing the importance of the voice of business, among other legitimate stakeholders, at the WTO,” added Robinson. “While initiatives, such as the WTO Public Forum, are welcome opportunities to engage, all stakeholders in the multilateral, rules-based trading system would benefit from greater ongoing opportunities for dialogue – governments, civil society and the private sector alike.”

Other speakers joining Robinson during the meeting included WTO Deputy Director General Angela Ellard, who spoke about updates on the WTO agenda, Business at OECD Trade Committee Chair Pat Ivory, who discussed business priorities for WTO’s response to the pandemic, and the International Chamber of Commerce (ICC) Permanent Observer before the UN in Geneva Crispin Conroy, who shared perspectives on trade and environmental sustainability. Speakers from Keidanren, BusinessEurope and BEF discussed the importance of multilateral collaboration, digitization and strengthening inclusivity and sustainability in global trade.

This dialogue was a follow-up to last year’s launch of the “Business Coalition for Trade, Employment and Sustainable Enterprise,” led by IOE and including business organizations that share the belief that the multilateral, rules-based trading system has been a crucial driver not just for economic growth, but also for employment creation and sustainable development, which have played a key role in reducing poverty and raising living standard in many economies.

USCIB Meets With Australian Consul General to Discuss Mutual Interests, Future Collaboration

Left to right: Nick Greiner, Peter Robinson

USCIB had the honor of hosting Australian Consul General Nick Greiner and his colleague Mike Ryan on February 16 in the USCIB New York office.

The meeting between the Australian delegation and USCIB, which included USCIB President and CEO Peter Robinson and Senior Vice President for Policy and Global Strategy Norine Kennedy, allowed for a candid discussion of mutual interests and potential future collaboration—namely in trade and investment, climate change and digital economy, among others.

It was acknowledged that USCIB and its Australian counterpart, the Australian Chamber of Commerce and Industry (ACCI), are both privileged to serve as the respective national affiliates of the three main global business organizations: International Chamber of Commerce (ICC), International Organization of Employers (IOE), and Business at OECD (BIAC).

ACCI also serves as a Steering Team Partner on The USCIB Foundation’s Business Partners to CONVINCE initiative, which is a global network of employers of all sizes that seeks to build vaccine confidence and support uptake among employees.

The Australian Consulate is located in the same building as the Australian Mission to the United Nations, and Consul General Greiner generously offered to introduce USCIB to the latter.

Business at OECD (BIAC) Holds Annual Consultation With OECD Ambassadors and Leadership

2022 Annual Consultation with OECD Ambassadors and Leadership

Business at OECD (BIAC) held its annual consultation with OECD Ambassadors and Leadership on February 22 with the theme, “Exiting Crisis Mode: Addressing Business Recovery, Risks and Realities.” USCIB President and CEO Peter Robinson participated as a BIAC spokesperson with an intervention focusing on “Digital,” in which he emphasized several points that honed in on ensuring inclusive and sustainable outcomes.

Robinson noted that the business community looks to the OECD to lead in the development of consistent, coherent and cross-cutting policy frameworks for emerging digital technologies. “We point to the OECD AI principles as an excellent example of how multi-stakeholder processes can develop cutting edge principles for the digital economy,” stated Robinson.

He also stressed the need for globally interoperable data policy frameworks that facilitate more responsible data-sharing and collaboration, as well as enforceable cross-border and cross-sector data flows—adding that the upcoming OECD Digital Ministerial will be an important opportunity for the OECD to deliver cross-cutting data governance policy guidance that works for business, governments and individuals alike.

Finally, Robinson emphasized support for OECD efforts to produce high-level principles addressing the critical issue of trusted government access to personal data held by the private sector. “OECD is best placed to address this important issue, which underpins economic growth and societal well-being,” stressed Robinson.

BIAC provided other interventions on various policy priorities such as trade and investment, climate change, energy, taxation, employment and health, with BIAC representatives including several BIAC Committee Chairs and Vice Chairs. The BIAC input was responded to by OECD Ambassadors, including U.S. Ambassador Jack Markell, as well as representatives of the OECD Secretariat.

The Annual Consultation was opened by OECD Secretary-General Mathias Cormann, BIAC Chair Rick Johnston (Citi and USCIB board member), and Italian BIAC Board member Emma Marcegaglia, who served as chair of Italy B20.

A summary of the meeting by BIAC is available here, which includes a link to BIAC’s Recommendations from the private sector affirming the role of the market economy.

Wanner Makes Intervention at UN Meeting on Security and Use of ICTs

On occasion of the second meeting of the United Nations Open-Ended Working Group (OEWG) on the Security of and Use of ICTs on December 16, USCIB Vice President for ICT Policy Barbara Wanner delivered an intervention on behalf of stakeholders during a virtual stakeholder consultative discussion with the Chair of the Group, Ambassador Burhan Gafoor.

Wanner’s intervention highlighted many of the points that USCIB had already made in a letter that USCIB submitted to the Ambassador on December 9 prior to Wanner’s intervention, which was co-signed by 147 stakeholders from non-governmental organizations, states and regional organizations as well as individuals. The letter expressed an overarching commitment to a successful OEWG process and a belief that it is likely to have a far-reaching impact on many stakeholders, including impacts on communities and individuals. The letter also emphasized the importance of an open, transparent and inclusive dialogue that would provide the basis for stakeholders to play a role in implementing the decisions and which would take into consideration their ability to participate and contribute to the outcome.

“We urge you to stay true to your commitment to continue to leverage the expertise of non-governmental stakeholders in a ‘systematic, sustained, and substantive manner’ in order to effectively build upon the work of the first OEWG,” said Wanner.

Wanner also stressed the need for transparency, both in terms of the development of texts, and the accreditation process for non-governmental stakeholder participation. She also emphasized the need to continue using a hybrid format for meetings to facilitate the participation of delegates and stakeholders who cannot travel to New York.

“This approach will remain critical as we continue to battle the global pandemic. It also will enable full transparency of the proceedings as mentioned previously,” she added.

USCIB Supports OECD’s Launch of Report on ‘E-Commerce Challenges in Illicit Trade in Fakes’

USCIB Anti Illicit Trade Committee (AITC) Chair David Luna, who also chairs the Business at OECD (BIAC) Anti-Illicit Trade Expert Group (AITEG), made remarks at the December 13 launch of the OECD report “E-commerce challenges in illicit trade in fakes.” The launch of the report took place at the U.S. Department of Homeland Security’s National IPR Coordination Center in Virginia. This important report is also the first outcome of a Special Project on illicit trade between the AITEG and the dynamic public-private partnership (PPP) established under the OECD Task Force on Countering Illicit Trade (TF-CIT).

“On behalf of Business at OECD, we are especially proud to have actively participated in the work leading up to this final report through sharing information and market data insights, best practices, and other industry perspectives to shed greater light on the booming trade of counterfeits across global supply chains and online marketplaces,” said Luna.

“We believe it is crucial to take into account the input from private sector since it ultimately contributes to gain a more detailed perspective of the adverse impacts emerging from illicit trade in e-commerce,” he added.

“USCIB is the U.S. affiliate of Business at OECD (BIAC), the industry voice of the OECD. USCIB members Pfizer, Amazon, eBay, Walmart, Nike, Walt Disney, ABinBev, PMI and The U.S. Chamber of Commerce’s Global Innovation Policy Canter (GIPC) have been active in the BIAC AITEG and the good work of the TF-CIT tied to COVID, e-Commerce, and more,” said Megan M. Giblin, USICB director of customs and trade facilitation, and trade policy manager for USCIB AIT work.

Luna added that many other BIAC federations and partners worked on these important thematic streams in recent years, especially during the COVID-19 pandemic.

According to Luna, the report is timely given the breadth and scale of nefarious actors and criminal networks exploitation of the openness of the internet and anonymity of transactions on e-commerce to evade detection and circumvent law enforcement to distribute and trade in counterfeit and pirated goods, and other illicit goods and contraband, across the digital world. The pandemic has further accelerated illicit trade but especially across online platforms including fraudulent COVID-19 related products.

“As we learned through our series of TF-CIT webinars over the past year, COVID-19 also created unprecedented opportunities for criminals to increase their already significant illicit activities, such as counterfeit pharmaceutical products and personal protective equipment (PPE), frauds, and coronavirus-phishing scams. Illicit trade has further hampered economic development by preventing the equitable distribution of resources that provide for sustainable futures,” said Luna. “Moving forward, the AITEG remains committed to continuing our partnership with the TF-CIT on Phase 2 of the E-Commerce project including more in-depth analyses of the institutional and governance gaps exploited by criminals, and encouragement of more national assessments and country studies.”

Giblin noted that USCIB and its members look forward to continued work with the BIAC AITEG in support of the OECD TF-CIT work streams.

Wanner Receives ‘2021 Community Recognition’ for Leadership Role in ICANN

Barbara Wanner at an ICANN meeting in 2017

USCIB Vice President for ICT Policy Barbara Wanner, who has served as a Business Constituency on ICANN since 2013, has received a 2021 Community Recognition for her dedication to ICANN’s mission and for their invaluable contributions. Wanner is among forty-nine other community leaders to have received a Community Recognition this year.

“The ICANN Board, community, and organization are grateful for the community’s tireless efforts and cooperative spirit shown over the last year,” said David Olive, ICANN Senior Vice President for Policy Development Support and Managing Director for Washington DC. “The collaborative contributions that community members have made through our Supporting Organizations, Advisory Committees, and other groups are central to supporting ICANN’s mission. ICANN org is proud to help facilitate this work toward ensuring the security, stability, and resilience of the Internet.”

“I am honored to have received this recognition from ICANN,” said Wanner. “USCIB’s role in ICANN ensures that policies governing management of the domain name system (DNS) continue to uphold safe, secure, sustainable and resilient operation of the DNS system and the functionality of the Internet. I look forward to continuing to work with my peers and colleagues at ICANN, along with USCIB members to furthering this crucial goal.”

The ICANN Board passed a formal resolution to recognize community leaders.

USCIB Applauds Launch of Trade and Technology Council (TTC), Urges Timely Conclusion of New Privacy Shield Framework

Washington D.C., September 21, 2021—The U.S. Council for International Business (USCIB), a cross-sectoral trade association of companies active in transatlantic business, welcomes the cooperative spirit underlying the U.S.-EU Trade and Technology Council (TTC), which will be formally launched on September 29 in Pittsburgh, PA.

The TTC’s aims to grow bilateral trade and investment, strengthen global cooperation on technology and digital issues, boost innovation, collaborate on supply chain resilience, and realize greater regulatory interoperability, among other goals set forth in the July 15 EU-U.S. Summit communique, all of which are critical to fully reaping the economic and social welfare benefits of digital transformation.

Achieving the TTC goals, however, will be difficult unless a new agreement establishing a durable legal basis and privacy protections for transatlantic data flows is concluded as soon as possible. This accord is essential to the U.S.-EU economic and diplomatic partnerships and, importantly, will enable innumerable gains to be realized under the TTC process.

As USCIB and some twenty-two U.S. and EU business groups underscored in a July 14 letter to U.S. Commerce Secretary Gina Raimondo and European Commissioner for Justice Didier Reynders, thousands of EU and U.S. companies continue to be harmed by the resulting legal uncertainty for transatlantic data transfers stemming from EU Court of Justice invalidation of Privacy Shield Framework in July 2020. Differing interpretations of the Court ruling risk triggering additional compliance and operational challenges as well as limit opportunities for EU businesses to grow and innovate internationally.

USCIB therefore urges timely conclusion of a sustainable framework for secure transatlantic data flows in the coming weeks. This will provide the necessary foundation upon which the TTC can effectively realize its goals, while ensuring that U.S. and EU companies active in the transatlantic commercial space can thrive again. We look forward to positive news from the U.S. and European Commission soon.

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. As the U.S. affiliate of the International Chamber of Commerce (ICC), the International Organization of Employers (IOE) and Business at OECD (BIAC), USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade and investment. More at www.uscib.org

USCIB Letter Urges Agreement on EU-US Personal Data Flows

USCIB submitted a letter to both the U.S. Secretary of Commerce Gina M. Raimondo and the European Commissioner for Justice Didier Reynders regarding the transatlantic agreement on EU-U.S. personal data flows.

The July 14 letter, signed by a variety of sectors across the transatlantic business community, urged a swift agreement for a new, strengthened EU-U.S. framework.

The letter noted: “we were encouraged by the recent EU-U.S. Summit commitment to ‘work together to ensure safe, secure, and trusted cross-border data flows that protect consumers and enhance privacy protections, while enabling Transatlantic commerce’ and to ‘strengthen legal certainty in Transatlantic flows of personal data.’”

According to the letter, thousands of European and American companies continue to be impacted by the EU’s Court of Justice judgement that invalidated the EU-U.S. Privacy Shield Framework just over a year ago.

“USCIB’s ICT Policy Committee will continue to monitor the Privacy Shield negotiations closely and engage with appropriate U.S. Government officials given the importance of a new sustainable transfer framework agreement to reinvigorating both U.S. and EU economic and business interests,” said Barbara Wanner, USCIB vice president for ICT policy.

Digital Economy Conference Assesses a Decade of OECD’s Internet Policy Principles

Digital Economy Conference panelists and speakers

USCIB, Business at OECD (BIAC), and the OECD held another successful Digital Economy conference on May 25, which focused on a decade of OECD’s Internet Policy Principles (IPPs) and aptly titled “Policymaking in a Data-Driven World.” Distinguished speakers from the OECD and both the public and private sectors provided insights and expertise during the event: AT&T, Facebook, Microsoft, Google, IBM Ireland, Walmart, the Inter-American Development Bank, the U.S. Department of State, the U.S. Department of Justice, the Office of the Director of National Intelligence, the Center for Democracy and Technology, the Global Internet Forum to Counter Terrorism, MIT, Georgetown University and others.

The IPPs, adopted in 2011, have underpinned the OECD’s evolving work on digital economy issues. The COVID-19 pandemic, which has required many to conduct their lives primarily digitally, highlighted the salience of the IPPs, with its calls for global free flow of information and services, multistakeholder participation in policymaking, and consistent and effective privacy protections and cooperation to ensure Internet security.

“History will likely show that the IPPs were one of the OECD’s more noteworthy contributions to policymaking in a digital economy world,” said USCIB President and CEO Peter Robinson during his opening remarks.

Moreover, these themes have been echoed in recent digital economy work of the United Nations, the U.N. Internet Governance Forum and other multilateral bodies. The virtual conference also considered how the IPPs have been reflected in some of the OECD’s ground-breaking digital work – such as development of the Artificial Intelligence (AI) Principles and how IPPs may be employed to address challenges posed by the rapid pace of digital innovation and related changes to the digital ecosystem.

“Over this past year with the COVID-19 pandemic, we have witnessed an incredible acceleration of the digital transformation which has made our cooperation with the OECD all the more important,” said BIAC Executive Director Hanni Rosenbaum. “We see this third phase of the digital project as a key opportunity to advance, among others, secure and globally interoperable policy frameworks for responsible data sharing and collaboration on cross-border data flows with trust.

The conference was the fifth Digital Economy conference organized by USCIB, BIAC and OECD, and the second conference in the series that has commemorated the late Joseph H. Alhadeff.

USCIB Leads in Preparations for Upcoming China Meetings at OECD

USCIB members and staff played leading roles in the April 23 China Expert Group’s preliminary meeting to preview and discuss Business at OECD (BIAC) presentations that will be made at the kick-off session of the OECD’s Informal Reflection Group on China in May. During the preliminary meeting, BIAC experts, including USCIB Senior Advisor Shaun Donnelly and Dell’s Eva Hampl (formerly USCIB and now a Vice Chair of BIAC’s China group), advanced key points that BIAC will emphasize including on state-owned enterprises (SOEs), investment, innovation and digitalization, and climate neutrality.

With regards to SOEs, Donnelly and others emphasized the importance of including provisions on SOEs in future investment and trade agreements, updating World Trade Organization (WTO) rules on subsidies, drawing China into multilateral consensus on export and development finance, as well as engaging China to reduce excess capacity in steel and rejoin the Global Forum on Steel Excess Capacity. The investment dialogue between China and the OECD should also be intensified and made more substantive, rather than political, according to Donnelly. Updating the investment policy review of China is also critical since the last review was done in 2008.

On innovation and digitalization, Donnelly noted the need to review efforts to onshore production in the name of supply chain resiliency, to study global value chains to ensure that policies are driven by OECD-generated facts and not politics and protectionism, to foster cooperation on IT and Artificial Intelligence (AI) information-sharing and standards’ development, engaging China on implementation and dissemination of AI principles and policies, as well as monitoring and acting on China’s development of virtual currency along with its impact on major currencies.

“Engaging China on harmonizing carbon pricing and emission trading schemes, pushing China more toward sustainable investment policies at home and abroad (such as their Belt and Road projects use of fossil fuels) and continuing to press for mitigation and strong environmental commitments from China is key,” said Donnelly.

Donnelly also led a discussion urging BIAC, as a business forum, to press the OECD and its member governments for substantive reform and results in its engagement with China and to worry less about protocol and diplomatic formalities.

“It was great to have USCIB and American business actively involved in BIAC’s preparations for this important China strategy session at the OECD,” added Donnelly.  “With a new Secretary General coming to OECD in June, a new U.S. Administration looking to play a leadership role at the OECD, and steadily growing concerns around the world about some of China’s policies and practices, it’s vital that Business at OECD and its American members focus on these issues of how the OECD can play a useful role with China.”

Donnelly added: “Eva Hampl from Dell did a great job leading Friday’s discussion on the innovation and digitalization issues.  She and I look forward to our roles as BIAC lead speakers in the session with the OECD China group.  It was also great to see several USCIB members logging on for the BIAC discussion, confirming that China issues, broadly defined, remain important priorities for USCIB and its broad, cross-sectoral membership.”

If members have issues, questions or suggestions related to this BIAC and OECD effort on China, please contact Allice Slayton Clark (asclark@uscib.org).