On November 3, 2016, Rob Mulligan, USCIB Senior Vice President for Policy and Government Affairs participated as a Vice Chair in the meeting of the Business at OECD (BIAC) Trade Committee. He also attended the OECD Trade Committee meeting later in the day. The BIAC group received a briefing from Didier Chambovey, Chair of the OECD Trade Committee, on OECD’s key work streams and responded to questions from members regarding OECD’s work on digital trade, the future priorities for the WTO, and the nexus between trade and environmental policy. The BIAC committee also discussed updating its Trade Priorities paper to address the changing global environment and to include new issues for the OECD to tackle in its work. Members provided input at the meeting and a revised draft has been circulated for input with the goal of finalizing the updated paper early in 2017. The committee also agreed to update its papers on several issues related to Colombia accession to the OECD.
Trade and Investment Archives
WTO Members Fail to Wrap Up Green Goods Agreement

USCIB and other business groups expressed disappointment at the failure to conclude negotiations toward an international Environmental Goods Agreement (EGA) among more than a dozen leading members of the World Trade Organization. A concluded agreement promised to free up trade in a wide variety of environmentally friendly goods and technologies.
“This is a missed opportunity, both for the environment and for the international trading system,” stated USCIB President and CEO Peter Robinson. “To business, it is clear that achieving greener growth depends on the widespread deployment of innovative technologies and management systems through more open trade and investment. These can help to address climate risks, improve food, water and energy security, and offer cleaner goods to consumers in developing countries. A conclusion of the EGA negotiations would have been a big step in that direction.”
The Coalition for Green Trade, of which USCIB is a leading member, issued a press release stating, in part: “The failure to conclude this deal represents a significant missed opportunity for the global economy, delaying positive contributions to job growth, innovation and environmental goals until a later date.”
According to Eva Hampl, USCIB’s director of trade and investment policy, who was onsite in Geneva for the conclusion of the talks, negotiations fell apart over a disagreement over product lists. “While we end the year without an agreement in hand, we are hopeful that the parties will resume negotiations in the near future,” said Hampl.
China had a number of unique concerns with respect to the types of goods to be covered by the EGA as well as some agreed-upon text provision. In the end, China failed to come to the table with a constructive proposal, in the face of a workable solution as presented by the Chair of the negotiations.
USCIB has worked closely with a variety of international partners to push for ambitious approaches to environmental challenges that take account of the unique contributions of the business community and the multilateral trading system. At the recent COP22 climate talks in Marrakesh, USCIB joined over 40 other business groups in a joint declaration of private-sector action on climate.
Bechtel Wins Transparency-International USA’s Corporate Leadership Award
A leading USCIB member company has received the coveted Corporate Leadership Award from the U.S. Chapter of Transparency International, the leading global anti-corruption non-government organization. Bechtel President/COO Jack Futcher accepted the award on behalf of Bechtel’s 55,000 employees worldwide at TI-USA’s annual Integrity Awards Dinner in Washington, D.C. on November 14.
Bechtel was cited for its commitment to ethical business conduct, high standards on transparency and corporate citizenship. The company’s path-breaking “Vision, Values, and Covenants” statement, which serves as the company’s guiding principles, speaks to ethics directly and unequivocally: “We are uncompromising in our integrity, honesty, and fairness.” Bechtel’s Code of Conduct applies to all who represent the company or act on its behalf, including employees, agents, consultants, contract labor and members of its Board of Directors.
Over the past several years, General Electric, Coca-Cola, and PepsiCo – all USCIB member companies – have also received TI-USA’s Corporate Leadership Award.
Shaun Donnelly, USCIB’s vice president for investment and financial services and a member of TI-USA’s policy advisory board, represented USCIB at the Integrity Dinner.
Business Hits Chinese Cybersecurity Rules as Protectionist
Earlier this month, China adopted broad cybersecurity regulations giving law enforcement enhanced authority to access private data and requiring data to be stored servers located in China. In a letter to Chinese authorities, USCIB and some 40 other industry groups from around the world protested the measure, saying it would wall off China’s internet and unfairly hamper access to the Chinese market.
The letter said Chinese regulators used security as a pretext for enacting protectionist trade policies to benefit Chinese industry, and urged China to to respect its World Trade Organization commitments. “We are concerned that these commitments are undermined by public statements and other forms of high-level guidance that call for indigenous and controllable substitution plans for information technology products and services,” the industry letter stated.
USCIB is organizing a high-level government and business dialogue on US-China cybersecurity, to be held December 16 in Washington, D.C. White House and other government officials will be invited to brief members on the ongoing U.S.-China cyber dialogue and discuss specific member priorities. Please contact Eva Hampl for additional information.
USCIB to Attend APEC Summit in Lima
This week, USCIB President and CEO Peter M. Robinson will attend the Asia-Pacific Economic Cooperation (APEC) CEO Summit in Lima, Peru, as a business delegate and representative of the U.S. APEC Business Coalition. Attending with him will be Helen Medina, USCIB’s vice president of product policy and innovation.
Organized under the leadership of the National Center for APEC (NCAPEC) USCIB will be joining other Coalition and NCAPEC members on the ground, including CEOs and executives from USCIB member companies. NCAPEC serves as the designated 2016 U.S. Strategic Partner for the CEO Summit, Secretariat to the U.S. members of the APEC Business Advisory Council (ABAC) and as Chair and Secretariat of the U.S. APEC Business Coalition.
“APEC actively supports economic growth, regional cooperation, and trade and investment,” said Robinson. “USCIB welcomes the committed partnerships that APEC, as the top economic forum in the region, has sustained with the private sector to address the complex economic issues that face the region. It is a vital platform for addressing trade and investment, which is especially important now that prospects for U.S. ratification of the Trans-Pacific Partnership look cloudy.”
Throughout 2016, USCIB has addressed a number of issues through APEC to advance discussions across a range of issue. These include chemicals regulation, advertising self-regulation, data privacy, customs, digital trade, and women in the economy. Our members and staff have engaged in several APEC working groups, including the Chemical Dialogue, APEC Business-Customs Dialogue, Customs Procedures Virtual Working Group, Alliance for Supply Chain Connectivity, the Electronic Commerce Steering Group and Data Privacy Subgroup.
In Lima, Robinson and Medina will meet with USCIB members, leaders from APEC economies and representatives of intergovernmental organizations to discuss member companies’ APEC priorities and USCIB’s work. They look forward to hearing from USCIB members in Lima, in addition to joining with Coalition partners, to advance common objectives.
The upcoming APEC meetings in Lima include, in addition to the CEO Summit, the Concluding Senior Officials’ Meeting, Fourth APEC Business Advisory Council (ABAC) Meeting, APEC Ministerial Meeting and APEC Economic Leaders’ Meeting. As these meetings draw Peru’s host year to a close, USCIB has begun to gather priority issues from its membership for 2017, when Vietnam will serve as APEC’s host. We are continuing to collect input, and will shortly release our APEC Priority Issues and Recommendations for 2017.
Trade in the Digital Economy

On November 3, the Business at OECD (BIAC) Trade Committee met in Paris and received a briefing from Didier Chambovey, chair of the OECD Trade Committee. Chambovey provided an overview of the OECD’s key work streams and responded to questions from members about what the OECD is doing on digital trade, the future priorities for the WTO, and the nexus between trade and environmental policy. Rob Mulligan, USCIB’s senior vice president for policy and government affairs, who also serves as a vice chairs of the BIAC Trade Committee, attended on behalf of USCIB.
The BIAC committee also discussed updating its Trade Priorities paper to address the changing global environment and to include new issues for the OECD to tackle in its work. Members provided input at the meeting and a revised draft is being circulated for input with the goal of finalizing the updated paper early in 2017. The committee also agreed to update its papers on several issues related to Colombia accession to the OECD and agreed on talking points for BIAC intervention at the OECD Trade Committee meeting relating to agricultural trade policy, trade in environmental goods as contributing to sustainable development goals and climate change, and reforming trade in services.
Mulligan and several other BIAC members also participated in the Global Trade Forum hosted by OECD on November 2. Panels of experts addressed the topic of how policy development can keep pace with new business models and the emerging digital economy. Discussions focused on trade and investment linkages in global value chains, trade policy making in the digital economy, and managing disruption. Pat Ivory, vice chair of the BIAC Trade Committee, presented on the digital trade policy issues and highlighted the BIAC paper on cross-border data flows. A key takeaway from the forum was that an integrated suite of policies will be needed to address the declines in trade and productivity as well as the anti-globalization sentiment that has grown over the past few years.
The U.S. and Mexico Must Work Together as Neighbors
USCIB Chairman Terry McGraw has joined with ICC Mexico Chair Maria Fernanda Garza in a joint appeal for the United States and Mexico to work together to address common challenges of trade, immigration and security.
In a joint op-ed in the Mexican newspaper El Financiero, the two business leaders urged their compatriots to reject the antagonism emanating from the U.S. campaign trail, reminding readers of the direct and measurable benefits the North American Free Trade Agreement has brought to both Mexicans and Americans alike.
McGraw and Fernanda Garza finished by reiterating that the business communities of both the United States and Mexico are united in their support for the Trans-Pacific Partnership, which they urged their respective legislatures to ratify without delay.
Please see below for the English translation of the op-ed. To read it in Spanish on El Financiero’s website, click here.
USCIB and ICC Mexico each serve as their country’s national committees of the International Chamber of Commerce.
The U.S. and Mexico Must Work Together as Neighbors
By Harold McGraw III and María Fernanda Garza
If the U.S. presidential campaign has reminded us of anything, it is the importance of neighborliness. Just as your own neighborhood deteriorates if you and your neighbors don’t communicate or work together well, so it is in business and international affairs.
Right now, on both sides of the U.S.-Mexico border, we face a stark choice: build walls, foster mistrust and disengage our economies – or work together to continue building shared prosperity. As representatives of the business communities from both nations, we strongly urge our fellow countrymen and our leaders to choose the latter course.
Since the North American Free Trade Agreement was negotiated more than 20 years ago, Mexico and the United States have enjoyed an increasingly close and mutually beneficial relationship that builds on our respective strengths and abilities, our vibrant economies and vast resources, our unique position as neighbors and, most importantly, our peoples. Mexico, the U.S. and Canada have turned North America into one of the most important and most dynamic free trade areas in the world. It has taken foresight and resolve.
Bilateral trade between Mexico and the U.S. has multiplied by six since NAFTA’s entry into force, reaching nearly $500 billion in 2015. Mexico is now the second-largest export market for U.S. goods and its second-largest supplier. It is estimated that U.S. trade with Mexico supports some six million American jobs.
With a growing, $1 trillion economy and a developing middle class that eagerly consumes U.S. and other foreign products, Mexico is the world’s 9th-largest world importer, and it buys 16 percent of everything the U.S. sells to the world. It is the largest export market for California, Arizona, New Mexico and Texas, and one of the three most important export markets for 29 other U.S. states.
This burgeoning trade relationship is built upon regional economic integration, cooperation and capitalizing on both nations’ competitiveness. Bilateral trade often occurs in the context of shared production, where manufacturers on each side of the border work together to produce goods. The development of robust supply chains as a result of NAFTA has translated into highly integrated trade in such key industries as automobiles, aerospace and electronics.
For instance, Mexican exports to the U.S. contain 40 percent of U.S. value-added, which is much higher than those from South Korea or China which are at five percent and four percent, respectively.
The U.S. and Mexico have a shared interest in fostering economic integration in North America, which is becoming, once again, the most competitive region in the world. Among other things, both countries need to ensure an efficient and secure border, the development of human capital for innovation and the growth of the services sector.
Businesses on both sides of the border firmly believe that the Trans-Pacific Partnership (TPP) will further strengthen Mexico-U.S. relations, North American competitiveness and our shared prosperity by encouraging competition and setting new and modern disciplines in the Asia-Pacific Region. With TPP, North America will become an even more important export platform to the world, with the consequent creation of jobs. We therefore are urging our respective legislatures to quickly ratify the TPP.
Especially in the face of growing protectionist and isolationist sentiment, we cannot stress strongly enough the critical importance of closer cooperation between our two governments in fostering a strong U.S.-Mexico relationship – one that contributes to shared economic growth, competitiveness and prosperity throughout North America. As neighbors, we have a shared responsibility to keep the neighborhood safe and prosperous.
Harold McGraw III is chairman of the United States Council for International Business. Maria Fernanda Garza chairs the Mexican chapter of the International Chamber of Commerce.
Despite Clampdown, High-Seas Piracy Still a Threat
Kidnapping and hostage-taking persists off the coasts of West Africa and South East Asia, despite a 20-year low in piracy on the world’s seas, according to new figures from the International Chamber of Commerce‘s International Maritime Bureau (IMB).
IMB’s latest global piracy report shows that pirates armed with guns or knives took 110 seafarers hostage in the first nine months of 2016, and kidnapped 49 crew for ransom. Nigeria, a growing hotspot for violent piracy and armed robbery, accounts for 26 percent of all captures, followed by Indonesia, Malaysia, Guinea and Ivory Coast.
But with just 42 attacks worldwide this quarter, maritime piracy is at its lowest since 1996. IMB’s Piracy Reporting Center has recorded 141 incidents so far this year, a 25 percent drop from the same period in 2015. A total of 111 vessels were boarded, five were hijacked, 10 were fired at, and a further 15 attacks were thwarted.
Read more on ICC’s website.
USCIB Identifies Foreign Telecom and Other Trade Barriers
USCIB has cited numerous countries for maintaining barriers to exports of U.S. telecommunications and other products and services. In an extensive submission to the office of U.S. Trade Representative Michael Froman, we recommended the following countries (and regions encompassing multiple countries) for inclusion in USTR’s annual National Trade Estimate (NTE) Report:
Argentina, Australia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, El Salvador, European Union, Fiji, Germany, Ghana, Gulf Cooperation Council, India, Indonesia, Korea, Latin America Malaysia, Mexico, Middle East and North Africa, New Zealand, Nigeria, Pakistan, Peru, Philippines, Russia, South Africa, Thailand, Tonga, Turkey, Uganda, Uruguay and Vietnam.
USCIB’s submission was in response to a request from USTR for public comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the Congressionally mandated NTE. Also part of this request, USTR asked for information regarding trade barriers to telecommunications products and services pursuant to Section 1377 of the Omnibus Trade and Competitiveness Act of 1988.
The submission included comments detailing a wide assortment of trade barriers affecting a broad range of industries. Such cross-sectoral barriers include local content requirements, data storage requirements, customs-related issues, and intellectual property protection. The submission also delved into burdensome financial services regulations, problems with food safety laws, problematic tax laws, foreign direct investment restrictions, and foreign telecommunications policies and regulations that have the effect of restricting efficient and economic provision of these services, among others trade barriers.
Ensuring a Level Playing Field With State-Owned Enterprises

Last week at OECD headquarters in Paris, business representatives highlighted the importance of avoiding market distortions and maintaining a level playing field between public and private companies.
Two OECD workshops on state-owned enterprises (SOEs) focused on the twin challenges of preventing corruption and of SOEs as global competitors. BIAC/Business at OECD, part of USCIB’s global network, arranged for private-sector participation and released key messages for the discussions.
In the workshop on SOEs as competitors, Eva Hampl, USCIB’s director of investment, trade and financial services, discussed where the gaps remain and what can be done about them. She emphasized the importance of addressing the challenges presented by SOEs in a world that is hungry for investment — including foreign direct investment — and economic growth. To the extent that SOEs are now operating on a global scale, they can crowd out private FDI in a way that may hamper competition, including in third markets.
Because SOEs can take on many forms, one important issue is increased transparency on SOE governance structures, as well as any advantages they enjoy which tilt the playing field in their favor versus private companies. Increased transparency alone, however, does not resolve many of the underlying systemic issues of SOEs competing, and does not automatically level the playing field, business representatives said.
Transparency is important since SOEs can be a prime vehicle for corruption. “Many SOEs operate in sectors with high corruption risks,” the BIAC messages note. “The 2014 OECD Foreign Bribery Report identified state-owned or state-controlled enterprises as the single biggest category of foreign officials who were bribed.”
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