UN Endorses Incoterms® 2010, ICC’s Rules for International Trade

4393_image001The latest version of the Incoterms® rules, standard commercial terms from the International Chamber of Commerce (ICC) for use in contracts for the sale of goods, have been officially endorsed by the United Nations Commission on International Trade Law (UNCITRAL), confirming their position as the global standard for international business transactions.

UNCITRAL, whose mandate is to remove legal obstacles for international trade, applauded ICC for its “valuable” contribution to facilitating the conduct of global trade by making the Incoterms® 2010 rules simpler and clearer, reflecting recent developments in international trade.

Based in Paris, ICC is the world business organization that forms part of USCIB’s global network. The endorsement was published after UNCITRAL’s 45th session in New York, with a decision to “commend the use of Incoterms® 2010, as appropriate, in international sales transactions.”

“We are thrilled to have the continued support of UNCITRAL, one of the most renowned and influential organs dealing with international business,” said Emily O’Connor, senior policy manager of the ICC Commission on Commercial Law and Practice.

The Incoterms® rules, developed by experts and practitioners brought together by ICC, are used worldwide in international and domestic transactions for the sale of goods. ICC first defined the Incoterms® rules in 1936, and has since revised the rules a number of times. The latest version came into effect in January 2011.

The Incoterms® rules have been recognized by UNCITRAL since the 1960s as the global standard for the interpretation of the most common terms in foreign trade. They have had the support of many international organizations, notably the United Nations, not only through UNCITRAL but also through the United Nations Economic Commission for Europe (UNECE), whose Centre for Trade Facilitation and Electronic Business recommends the use of the Incoterms® rules.

To order a copy of Incoterms® 2010 and related titles, visit the USCIB International Bookstore.

 

Upcoming Incoterms 2010 Seminars

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News Brief New ICC Tool Responds to G20 AntiCorruption Call

The International Chamber of Commerce (ICC), part of USCIB’s global network, has unveiled the latest addition to its suite of tools to help business stamp out corruption: the ICC anti-corruption clause.

Designed for inclusion in any contract, the clause is part of ICC’s commitment to supporting implementation of the United Nations Convention against Corruption (UNCAC) and more active engagement with the Organization for Economic Cooperation and Development (OECD) Anti-Bribery Working Group. It delivers a pragmatic response to calls from G20 leaders for the private sector to play an active role in fighting corruptive practices.

The new clause provides a contractual basis for parties to commit to complying with ICC’s voluntary Rules on Combating Corruption or to implement a corporate anti-corruption compliance program.

Available to download free of charge from ICC’s remodeled website, the clause can support both small- and medium-sized enterprises (SMEs) and multinational companies in their efforts to prevent their contractual relationships being affected by corruption.

Read more on ICC’s website.

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U.S. Council for International Business Investment Policy Work in OECD’s Business Advisory Process

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The United States Council for International Business (USCIB) represents the U.S. business community in the Business and Industry Advisory Committee (BIAC) to the OECD in Paris. Every year BIAC systematically engages over 2100 business representatives from 49 national business organizations from the OECD’s 34 member nations to work together in 37 different policy groups. BIAC’s Investment Policy Committee works actively with the OECD Committee on Investment and Multinational Enterprises (CIME) and other relevant OECD committees and secretariat staff.   USCIB plays a leadership role in BIAC’s Investment Committee and actively engages with the OECD staff on key investment policy issues.

Some recent documents from BIAC’s investment policy work include:

Questions related to BIAC’s Investment policy work should be addressed to:

Shaun Donnelly
Vice President, Investment, Financial Services and Banking
United States council for International Business
1400 K Street, suite 905
Washington, D.C. 20005
Tel: 202-682-1221
E-Mail sdonnelly@uscib.org

Business Strongly Supports Bill to Raise Customs Duty Threshold

stop sign military customsNew York, N.Y., September 24, 2012 – The United States Council for International Business (USCIB) has joined 27 companies and business associations in applauding a new bill in the U.S. Senate that would raise the minimum value at which customs duties are imposed on imported goods, calling it a major step forward that would facilitate trade, and a boon to both large and small companies.

The bill, S. 3597, was introduced on September 20 by Senators John Thune (R. – S.D.) and Ron Wyden (D. – Or.).  It would raise the “de minimis” value, which is the monetary value below which shipments entering the United States are free from tariffs, taxes or formal customs procedures, to $800 from the current level of $200.

“Raising de miminis levels helps foster trade, and the jobs that come with it,” stated USCIB President and CEO Peter M. Robinson. “This bill clearly deserves strong support on its own merits, but we are especially pleased at the timing. It will reinforce efforts to raise de minimis levels overseas, something we are actively pursuing through the APEC forum and other channels.” He noted that de minimis levels abroad were sometimes even lower than the current U.S. level.

In their statement, the business groups noted that, in addition to promoting faster border clearance for low-value shipments, a higher de minimis level would allow customs officers-ud-736-UD-736 to focus enforcement efforts on urgent priorities like ensuring product safety and protecting intellectual property. It would also benefit small businesses by reducing the burden associated with importing low-value goods as well as international retail returns. Furthermore, the legislation would have no impact on security, since all shipments entering the United States undergo a security review regardless of value.

The U.S. de minimis level has been held at $200 for nearly 20 years, while the Consumer Price Index has risen some 60 percent over that same period. A companion bill in the House of Representatives, introduced by Rep. Aaron Schock (R. – Ill.), has garnered the support of 142 other legislators from both sides of the aisle.

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.  With a unique global network encompassing leading international business organizations, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

Contact:
Jonathan Huneke, VP communications, USCIB
(212) 703-5043 or jhuneke@uscib.org

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New Report Finds Positive Linkages Between Trade and Jobs

At the September 13 panel discussion (L-R): BIAC Chairman Charlie Heeter (Deloitte), Ed Gresser (Progressive Economy), Ken Ash (OECD), Dorothy Dwoskin (Microsoft), Rob Mulligan (USCIB)
At the September 13 panel discussion (L-R): BIAC Chairman Charlie Heeter (Deloitte), Ed Gresser (Progressive Economy), Ken Ash (OECD), Dorothy Dwoskin (Microsoft), Rob Mulligan (USCIB)

Openness to international trade can be a key factor in driving growth and the creation of more – and better – jobs. But to fully realize the positive aspects of trade, countries must undertake complementary policies that drive skills development, foster private investment, improve infrastructure and provide a solid social safety net.

These are among the conclusions of a landmark study released earlier this year by the International Collaborative Initiative on Trade and Employment (ICITE), “Policy Priorities for International Trade and Jobs.” USCIB, working with the OECD and BIAC, organized a program on September 13 in Washington, D.C. to review the study’s findings.

ICITE is a joint initiative of 10 international organizations, led by the OECD and including the International Labor Organization, the World Trade Organization and the major development banks. Some 60 people from business and government attended the panel discussion.

Rob Mulligan, USCIB’s senior vice president for Washington, served as moderator for the program. He noted recent media reports pointing to a decline in global trade this year, due in part to increased protectionism around the world. At the same time, unemployment remains high in the U.S. and Europe, while the emerging economies are slowing. In this environment, the OECD-led study is especially timely with its conclusion that trade can drive growth and create better jobs when supported by other structural policies.

Ken Ash, the OECD’s director for trade and agriculture, provided an overview of the 450-page report’s key findings. These include:

  • Market openness can be a key factor promoting growth, improving employment and wages, and contributing to better working conditions. But these positive impacts are not automatic. Complementary policies are needed such as investment in human resources and physical infrastructure, a positive climate for investment, and social protection policies to assist individuals.
  • Of the 14 multi-country studies undertaken, all concluded that openness to trade raised national incomes. By contrast, not one has showed that trade restrictiveness had a long term positive impact on growth.
  • Trade, including imports and exports, contributes to new and better jobs. Exporting firms tend to pay higher wages. Imports, by raising productivity growth, create higher wage/skill jobs.
  • The composition of jobs has changed. The global location of manufacturing has shifted from higher to lower income countries over the past 30 years. At the same time, between 1995 and 2005, the services sector accounted for all net job growth in high-income countries, and for 85 percent of new jobs in middle income countries.
  • Appropriate companion policies vary across countries. Public investment in human resources and physical infrastructure may be particularly important in many less developed countries.

Following Ash’s presentation, a panel of private sector experts shared observations on the report and suggestions for areas of further work. Dorothy Dwoskin, senior director of global trade policy and strategy with Microsoft, highlighted several areas of the report she strongly supported, including the conclusions about the importance of services as the great enabler of the economy overall. She agreed with the need for complementary policies, especially those that relate to skills or talent, and expressed concern that the U.S. could lose its ability to lead the changing global economy due to a skills and talent deficit.

For example, Dwoskin noted that in computer science, the U.S. Bureau of Labor statistics projects there will be 1.5 million job openings between 2010 and 2020, and 1.2 million of those jobs will require at least a bachelors degree. Yet in 2010, only 60,000 individuals graduated from U.S. with computer science degrees from U.S. universities. In terms of things missing from the report, Dwoskin said she hoped the rule of law would figure more prominently, particularly the importance of intellectual property protection.

Another panelist, Ed Gresser, executive director of Progressive Economy, provided some additional data related to the key points from the report. On the benefits of trade, he noted that the U.S. economy opened significantly between 1992 and 2005 as the result of NAFTA and the Uruguay Round. During that period, spending on clothes, shoes, linens, furniture, audiovisual equipment and appliances went down from 10.1 percent of family budgets in 1990 to 7.0 percent of family budgets, saving $2,100 annually for a family with children.

Looking at trade restrictions, Gresser noted that tariffs maintained on clothes, shoes, linens and luggage since the 1970s have resulted in almost $40 billion in cost to the public, while employment in these industries has decreased by 85 to 98 percent. Reinforcing the importance the new report places on complementary policies, especially education, he noted that Americans over 25 with a college degree or more have a 4.1 percent unemployment rate, while those with no degree have a 12 percent unemployment rate.

The final panelist, BIAC Chairman Charlie Heeter, managing director for global public policy with for Deloitte Touche Tohmatsu, recognized the great value of the report in providing thorough, evidence-based analysis that supports open trade policies. But he said there is still much to be done to make the arguments in terms that people can readily understand. He too stressed the importance of supportive policies to facilitate labor market mobility, the acquisition of new work-related skills, job search and placement, and income-support and related social services.

Heeter applauded the prominence given to trade in services, but expressed concern that the role of services in the global economy is understated and not entirely understood. Government statistics do not adequately capture the impact of services on trade, while many of the barriers to services trade are the result of domestic regulations rather than border measures.

All of the program speakers agreed that the ICITE study provides very useful data and analysis supporting the case for open trade, but more is needed to translate this type of information into compelling narratives that can convince governments to adopt the policies needed to drive growth and avoid trade restrictive measures.

Finally, a separate panel discussion of the OECD study was held at the World Bank. Click here to view a video of that session.

Staff contact: Rob Mulligan

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USCIB Contributes Expertise as Trans-Pacific Trade Talks Move Forward

tankerUSCIB staff were active on the margins of the 14th Negotiating Round of the Trans-Pacific Partnership (TPP), held September 6 to 15 in Leesburg, Virginia.  Parties to the TPP – which currently encompasses the United States, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam – are seeking to negotiate a multilateral pact to liberalize trade and investment across the Pacific region.  At the recent APEC Summit in Vladivostok, leaders from the TPP nations issued a statement expressing confidence that their goal was within reach.

During a “stakeholders day” on September 9, Shaun Donnelly, USCIB’s vice president for investment and financial services made a presentation on “TPP’s Investment Chapter: A Strong Tool for Economic Integration, Growth, and Jobs.”  Donnelly, who co-chair of the TPP Business Coalition’s investment task force, also held informal consultations with negotiators from the United States and other parties, underscoring the importance of a strong TPP investment chapter with binding investor-state dispute settlement provisions.  Both in his formal presentation and in follow-up meetings, Donnelly further stressed industry’s strong support for disciplines to assure a level playing field when private companies compete with state-owned or state-supported enterprises.

Nasim Deylami, USCIB’s manager of customs and trade facilitation, joined executives from USCIB member companies FedEx and Levi Strauss at a meeting with the nine chief negotiators on potential public-private partnerships on capacity building for the TPP economies. Deylami made a presentation on existing trade facilitation capacity building initiatives in APEC. The meeting, led by the Center for Strategic and International Studies, also drew participation from the U.S. Chamber of Commerce, Grocery Manufacturers of America, and National Foreign Trade Council.

“Initial indications are that, with a lot of hard work by U.S. and other government negotiators, good progress was made in several key TPP chapters,” commented Donnelly.  “But a comprehensive TPP agreement still remains a ways off, and is not a sure thing.  USCIB and the U.S. business community continue to press our government and others for a ‘gold standard’ agreement to address the trade and investment challenges of the 21st century – one that is ambitious, comprehensive and enforceable.”

With Canada and Mexico officially joining the negotiating process in October, the TPP now grows to 11 participating countries.  The next formal negotiating round is slated for December 3-12 in Auckland, New Zealand.

Staff contacts: Rob Mulligan, Shaun Donnelly and Kristin Isabelli

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USCIB Highlights Business Priorities for Upcoming UPU Ministerial

The Universal Postal Union (UPU) holds its quadrennial “congress” (i.e., ministerial) meeting in Doha, Qatar from September 24 to October 15. USCIB continues to urge the U.S. delegation to the UPU to work closely with interested U.S. private-sector companies, and to pay particular attention to assuring a level playing field if and when postal services anywhere in the world compete directly with the private sector, including on package delivery services and financial services.

As postal revenue dries up around the world, many publicly operated postal organizations may be tempted to get into new lines of business. This presents a vexing challenge to private-sector companies that may find themselves in competition with these state-supported entities. Last November, USCIB and three other business groups sent a letter to the Obama Administration urging the U.S. to prepare diligently for the Doha congress.

Staff contact: Shaun Donnelly

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Business Presses Capitol Hill to Act Now on Russia Trade Act

russia usa jigsawLast week, USCIB and other top business associations joined in pressing top Congressional leadership to swiftly pass legislation that would enable U.S. firms to compete on an equal footing in Russia as that country joins the World Trade Organization.

In a letter to House Speaker John Boehner, Minority Leader Nancy Pelosi, Senate Majority Leader Harry Reid and Senate Minority Leader Mitch McConnell, the industry groups urged the leadership to work together to pass Russia PNTR (permanent normal trade relations) legislation this month.

“This legislation, which is the top trade priority for the business community this year, is needed to give U.S. manufacturers, farmers, and service providers a fair chance to compete and sell more of their goods and services to Russia,” stated the letter signed by USCIB President and CEO Peter M. Robinson and the nine other business association heads.

Underscoring that Russia is now a WTO member as of August 22, the business leaders stressed that, “more than 150 WTO countries – except the United States – can now fully benefit from much better access to the Russian marketplace and important new WTO rights, including stronger IP protections, greater transparency, and recourse to the WTO’s dispute settlement procedures if Russia fails to meet its commitments.”

By contrast, they noted, “the United States will not have the same WTO rights and economic opportunities until Congress passes Russia PNTR.  This creates business uncertainty for U.S. companies seeking to expand in the Russian market and also gives foreign competitors a significant advantage in securing new sales and contracts there.”

In addition to USCIB, the letter was signed by the heads of the American Farm Bureau Federation, Business Roundtable, Coalition of Services Industries, Emergency Committee for American Trade, Information Technology Industry Council, National Association of Manufacturers, National Foreign Trade Council, U.S. Chamber of Commerce and U.S.-Russia Business Council.

Staff contact: Rob Mulligan

Business association letter on Russia PNTR

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Congressional Report Highlights OECD’s Important Role

oecd congressional reportIn July, the Congressional Research Service (CRS), the respected non-partisan research and policy analysis arm of the Library of Congress, published a concise, 10-page report on the Organization for Economic Cooperation and Development (OECD).

The OECD is, of course, particularly important and relevant to USCIB and its members, given our unique role as the U.S. affiliate of the OECD’s Business and Industry Advisory Committee (BIAC).  The CRS study is a fair and constructive assessment of a complex – and sometimes misunderstood – organization.

The very readable CRS report reviews the history and structure of the OECD, its committees and secretariat staff, its substantively rigorous “peer review” culture, and its increasingly relevant work in support of the G8 and G20 processes.

The report emphasizes the OECD’s pro-market, pro-growth orientation.  It highlights some of the OECD’s work and international leadership on a range of important issues, include trade and investment, macroeconomic policy, education and job skills, environmental sustainability, anti-bribery, and pro-competitive markets.  Work on critical issues like combating terrorism and anti-money laundering (through the affiliated Financial Action Task Force) and on export credit subsidies (through the Export Credit Arrangement) exemplify the OECD’s unique contribution hosting important niche efforts on critical issues that include both OECD members and non-members.

The OECD is driving progress on tough issues that are important to American companies, including tax policy, privacy, the green economy and investment policy.  It is staying abreast of top-drawer issues, for example through new cross-cutting analytical work to promote “competitive neutrality” between state-owned enterprises and private-sector firms.

In each of these areas, as well as many other areas, USCIB staff and our member company representatives are playing leadership roles through BIAC, as well as directly with the OECD, its members governments, and beyond to help make OECD the unique, global economic think tank that it can and should be.

As reaffirmed in the new CRS report, the United States needs a strong, effective, open and pragmatic OECD.  So does American business.  USCIB is working hard to help make that happen.

Staff contact: Shaun Donnelly

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ICC Responds to the EC Proposal on Third-Country Access to Internal Procurement Markets

The International Chamber of Commerce (ICC’s) Task Force on Public Procurement has responded to the European Commission’s (EC) proposed changes and updates to procurement rules for approval by the European Parliament and Council.

ICC’s response aims to promote discussions and foster further evaluations of the potential consequences of the proposal made on March 21, 2012. For the EC, the proposal should be urgently passed by the European legislative bodies due to the reluctance of some non-European Union (EU) countries to open up their markets further in the course of on-going multilateral or bilateral trade negotiations.

The task force reasserted that ICC, in accordance with its mandate, cannot support any instrument purporting to limit access to markets, irrespective of the developments in trade policy that may have prompted its introduction. Parts of the EC proposal might lead to such limitations, the task force concluded.

Click here to read more on ICC’s website.

Staff Contact: Shaun Donnelly and Justine Badimon

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