Trade and Investment Archives

USCIB Staff Meet With New Zealand Ambassador; Discuss Trade and Investment Agenda

Published on November 17, 2021
Left to right: Hannah Lee-Darboe, Ambassador Rosemary Banks, Peter Robinson

USCIB President and CEO Peter Robinson welcomed New Zealand Ambassador Rosemary Banks and her New York-based colleague the New Zealand Consul General and Trade Commissioner Hannah Lee-Darboe to USCIB’s New York office on November 15.

Robinson was joined by USCIB Senior Vice President Brian Lowry and Senior Director Alice Slayton Clark, both of whom tuned into the meeting remotely from USCIB’s Midwest and Washington, DC, offices, respectively.

“We greatly welcomed the opportunity to meet with Ambassador Banks and her colleague, who were interested in discussing perspectives on economic recovery from the COVID-19 pandemic and future U.S. trade policy directions,” said Robinson. “We stressed our interest in and commitment to revitalizing the trade and investment agenda, specifically at the Asia-Pacific regional level, and more broadly at the multilateral level with a stronger World Trade Organization. My colleagues and I also provided insights into the divergent U.S. public views on trade depending on geographic location, political views and direct personal relevance of international trade.”

USCIB staff also expressed general appreciation for New Zealand’s role as host of APEC in 2021 and its global leadership in the trade space.

USCIB Leads Effort in Letter to USTR Tai on Reforming WTO Dispute Settlement System

Published on November 10, 2021

USCIB led an effort along with nearly a dozen other leading business and trade associations to send a letter to United States Trade Representative Katherine Tai regading the upcoming World Trade Organization (WTO) ministerial and in reforming its dispute settlement system.

The letter welcomed USTR Tai’s recent remarks affirming the U.S. commitment to the WTO and to successful outcomes at the upcoming 12th Ministerial Conference (MC12).

The letter stated: We agree that the WTO can fulfill the promise of the Marrakesh Agreement by supporting market-based principles, promoting inclusive growth and addressing the challenges of today and tomorrow.

The letter also emphasized that the U.S. and global economy, and the livelihoods of workers around the world, depend on an effective WTO. A level multilateral playing field helps American manufacturers, services suppliers, innovators and farmers – large and small – by enabling workers and communities to compete more fairly in markets around the globe. Since 1948, under the General Agreement on Tariffs and Trade and the WTO, world trade increased forty-fold in real terms to more than twenty-five trillion dollars today. More than thirty percent of U.S. GDP today is derived from trade, and over forty million American jobs – one in five – depend on trade and trade lowers costs for American families.

Regarding reform, the letter emphasized: “building off MC12, the WTO needs reform to meet the demands of today by modernizing its agreements and ensuring members follow existing rules and commitments. We support advancing a comprehensive WTO reform agenda that tackles dispute settlement, special and differential treatment, distortive non-market industrial subsidies, and state-owned enterprises. Reforms should also cover emerging services and technologies, enhance inclusivity, and help harness trade to address climate change. A modern WTO should expand plurilateral pathways to trade liberalization, update institutional rules and procedures, improve monitoring, promote greater transparency through notifications, and involve more stakeholders.”

The full letter can be viewed directly below.

Organizations leading the effort included USCIB, Business Roundtable, the U.S. Chamber of Commerce, NFTC, American Chemistry Council, the American Farm Bureau Federation, the American Property Casualty Insurance Association, the Business Software Alliance and the Coalition for Services Industries.

Dear Ambassador Tai:

We welcome your recent remarks affirming the U.S. commitment to the World Trade Organization (WTO) and to successful outcomes at the upcoming 12th Ministerial Conference (MC12). We agree that the WTO can fulfill the promise of the Marrakesh Agreement by supporting market-based principles, promoting inclusive growth and addressing the challenges of today and tomorrow.

The U.S. and global economy, and the livelihoods of workers around the world, depend on an effective WTO. A level multilateral playing field helps American manufacturers, services suppliers, innovators and farmers – large and small – by enabling workers and communities to compete more fairly in markets around the globe. Since 1948, under the General Agreement on Tariffs and Trade and the WTO, world trade increased 40-fold in real terms to more than $25 trillion today. More than 30 percent of U.S. GDP today is derived from trade, and over 40 million American jobs – 1 in 5 – depend on trade and trade lowers costs for American families.

A successful MC12 will require urgent U.S. leadership to secure concrete deliverables that advance U.S. interests and competitiveness in areas such as fisheries, domestic regulations, agriculture, e-commerce, trade facilitation and pandemic response. Such results will demonstrate that the WTO can produce meaningful outcomes and can set a foundation for future reforms and commitments. Outcomes that weaken WTO rules, however, such as by undermining longstanding disciplines on subsidies, electronic transmissions or intellectual property, would instead weaken core WTO principles and commitments as well as support for the institution.

Building off MC12, the WTO needs reform to meet the demands of today by modernizing its agreements and ensuring members follow existing rules and commitments. We support advancing a comprehensive WTO reform agenda that tackles dispute settlement, special and differential treatment, distortive non-market industrial subsidies, and state-owned enterprises. Reforms should also cover emerging services and technologies, enhance inclusivity, and help harness trade to address climate change. A modern WTO should expand plurilateral pathways to trade liberalization, update institutional rules and procedures, improve monitoring, promote greater transparency through notifications, and involve more stakeholders.

WTO dispute settlement holds parties to their commitments. Reforming the WTO dispute settlement system will require the United States to offer concrete and detailed proposals that address longstanding process and appellate body overreach concerns to enable the system to resolve disputes efficiently and effectively. The United States has successfully used WTO dispute settlement to challenge WTO violations without resorting to unilateral measures that draw retaliation and tit-for-tat escalation. Reforming and restoring the system will support U.S. interests and can hold WTO members accountable to their commitments.

The Administration can best support the international rules-based system and the WTO by making concrete proposals and partnering with allies who share market-based trade liberalization, modernization, and reform principles. Moreover, scheduling more frequent Trade Ministers meetings could help overcome impasses, support reforms and foster progress. We will continue to work with you and your team to advance our shared goals for the WTO. U.S. companies, workers, and families will all benefit when the WTO achieves what it was established to do.

Sincerely,

American Chemistry Council

American Farm Bureau Federation

American Property Casualty Insurance Association

Business Roundtable

Business Software Alliance

Coalition for Services Industries

National Foreign Trade Council

U.S. Chamber of Commerce

U.S. Council for International Business

USCIB Leads Business Voices at UNCTAD’s World Investment Forum

Published on October 20, 2021

USCIB again provided international business community leadership at the UN Conference on Trade and Development (UNCTAD)’s World Investment Forum (WIF), a summit level meeting held virtually this year from UNCTAD’s Geneva headquarters. USCIB President/CEO Peter Robinson was a private sector speaker at one of the Summit leaders’ plenary panels, reprising a lead role he had taken at two earlier UNCTAD WIF sessions. Shaun Donnelly, a USCIB Senior Advisor, led the business panelists at the annual UNCTAD high-level Conference on International Investment Agreements (IIAs). Donnelly has participated, in person or virtually in Geneva in the last six UNCTAD IIA sessions. Business is often underrepresented at UNCTAD meetings, which tend to attract more participation from government officials, NGOs and academic representatives. USCIB consistently steps forward to ensure that business concerns and priorities are on the table.

In their interventions, both Robinson and Donnelly emphasized the importance of international private investment in driving global economic recovery, growth, and job creation and in achieving the UN Sustainable Development Goals (SDGs). It is imperative to business that investment decisions are backed by strong and enforceable international investment agreements (IIAs). Some foreign government representatives seem intent on weakening, even eliminating important “Investor-State Dispute Settlement” arbitration procedures, which can protect foreign investors from arbitrary and discriminatory treatment by host governments.

“We thought it was important to step forward again at this year’s World Investment Forum to ensure business perspectives were represented,” said Robinson. “I think we at USCIB have developed a good relationship with the leadership at UNCTAD and have helped to emphasize the importance of including business voices in their meetings. Investment is such an important issue as the world struggles for economic recovery, growth, good jobs and progress toward the UN SDGs. And forward progress will depend on strong multi-stakeholder collaboration, with UNCTAD being a key organization in bringing all relevant parties together. I also appreciated the opportunity to connect with UNCTAD’s new Secretary General Rebeca Grynspan, former Vice-President of Costa Rica.”

USCIB international partners served as panelists at the WIF, delivering similar messages. International Chamber of Commerce Secretary General John Denton spoke at the opening Summit session and Winand Quaedvlieg, a senior official from our Dutch counterpart national committee, VNO, and Chair of the Business at OECD (BIAC) Investment Committee, joined Donnelly on the important IIA panel session.

UNCTAD’s World Investment Forum continues on line virtually for the rest of the week. We will monitor sessions for important developments.

USCIB Meets With Ngozi to Enhance Synergies Between WTO and US Industry

Published on September 29, 2021

U.S. Chamber of Commerce CEO and USCIB Trustee Suzanne Clark hosted a meeting of top U.S. trade association leaders on September 22 with World Trade Organization (WTO) Director General Dr. Ngozi Okonjo-Iweala in advance of the WTO ministerial meeting (MC12) in December. USCIB President and CEO Peter Robinson attended for USCIB, accompanied by Alice Slayton Clark, director of Investment, Trade and China. The intimate gathering provided an opportunity to enhance synergies and understanding between the WTO and U.S. industry, a goal for the new director general.

Dr. Ngozi repeated her continued concerns about the viability of the WTO, and the need to produce concrete results at the MC12 on fishery subsidies, food security, trade and health/access to vaccines, as well as the joint statement initiatives on e-commerce and services domestic regulations. Robinson noted the multifaceted challenges facing vaccine access, and urged reduction of trade and regulatory barriers to distribution and administration as the most important approach. He emphasized a letter USCIB sent to Dr. Ngozi this summer on this issue, co-signed by the Chamber and BusinessEurope, among others.

In addition, Robinson stressed USCIB interest in revitalizing and expanding negotiations on an environmental goods agreement that were sidelined in 2016 largely over concerns about the definition of products to be included. Other USCIB priorities were also raised during the meeting, including: concerns about industrial subsidies, dispute settlement procedures, and special and differential treatment; and support for the science of agricultural biotechnology and extension of the e-commerce moratorium. There was a good deal of consensus on many of these key issues among the participants.

Robinson also expressed support for the initiatives to work with the WTO in improving the global trading system that are underway in the three global business organizations with which USCIB is affiliated, International Chamber of Commerce (ICC), International Organization of Employers (IOE) and Business at OECD (BIAC).

USCIB’s member companies rely on the WTO as the multilateral forum for resolving trade disputes and expanding market access for selling goods and services overseas. It urges the Biden Administration to take a leadership role at the MC12 in reforming and updating the WTO so it can remain a viable source for trade adjudication and liberalization in the decades to come.

USCIB Member HP Presents at WTO Symposium on Information Technology Agreement

Published on September 22, 2021

The World Trade Organization (WTO) hosted a two-day workshop in mid-September celebrating trade liberalization under the Information Technology Agreement titled “ITA Symposium: 25th Anniversary of the Information Technology Agreement.” WTO Director General Dr. Ngozi Okojo-Iweala opened the conference, which explored the benefits of ICT in combatting COVID-19 and bridging the digital divide, as well as the latest advances in technology and justifications for a new, third, round of ITA expansion.

Given the topic of the Symposium, USCIB was pleased to secure a speaking role for member company HP, Inc. Karen Bland, HP’s Head of Global Trade, presented on “3D Printing: A Vital Technology for Economic Development and Sustainability,” where she outlined the economic benefits of 3D printing, as well as the innovative technology’s contributions to the UN Sustainable Development Goals (UN SDGs). Additionally, HP highlighted how it leveraged 3D printing to address extreme supply chain disruptions caused by the COVID-19 pandemic by partnering with more than ninety-two global digital manufacturing companies to deliver millions of 3D printed items including CPAP components, nasal swabs and face shields.

“The ITA must keep pace with technological advances in ICT.  HP encourages coverage of 3D printers and parts as a critical printing innovation in any future ITA expansion,” commented Bland.

USCIB is part of an industry coalition led by the Semiconductor Industry Association (SIA) working with the Office of the U.S. Trade Representative to advance a new expansion of the ITA (ITA-3).  During the conference SIA President John Neuffer addressed “How a Third ITA Expansion Would Benefit Developed and Developing Nations Alike While Advancing Climate, Health, and Sustainability Goals,” with Stephen Ezell from the Information Technology and Innovation Foundation releasing a comprehensive report on How an Information Technology Agreement 3.0 Would Bolster Economic Growth and Opportunity, including a focus on potential benefits to developing countries. The report includes a list of products proposed to be included in an ITA 3, including many submissions from USCIB members.

“USCIB supports ITA expansion, increased geographic participation, and further efforts to provide duty free treatment to critical ICT products which have become more important in the COVID environment,” said USCIB Director, Investment, Trade and China Alice Slayton Clark. Clark is leading the ITA expansion effort at USCIB, with USCIB Director, Customs and Trade Facilitation Megan Giblin as customs advisor.

USCIB Comments on China’s Compliance With Its WTO Commitments

Published on September 22, 2021

USCIB submitted comments September 15 in response to the U.S. Trade Representatives request for input into China’s compliance with its World Trade Organization (WTO) commitments. The comments covered a wide variety of topics with a focus on intellectual property enforcement, regulation, transparency and standards.

According to USCIB Director for Investment, Trade and China Alice Slayton Clark, USCIB members have significant concerns regarding China’s fulfillment of its WTO obligations in a variety of sectors but also regarding unilateral restrictions and bilateral commitments, like the Phase One trade agreement, that remain unfulfilled.

USCIB members also remain concerned about U.S. tariffs and retaliatory measures imposed as a result of the U.S. Section 301 investigation into China’s forced technology transfer, intellectual property, and innovation policies. The submission stated: While the Phase One deal partially addresses some of these tariffs, much more must be done to restore the ability of U.S. business to compete effectively in the global marketplace. It is essential that the United States develop a robust strategy that does not only rely on the use of punitive tariffs to achieve its objectives with China. Tariffs alone have not changed China’s economic policies to date and, ultimately, tariffs also increase costs for U.S. consumers and businesses.

USCIB urges both countries to utilize, in addition to the WTO, the full range of formal multilateral fora, including Asia-Pacific Economic Cooperation (APEC) Forum and the Organization for Economic Cooperation and Development (OECD), to work toward improved commercial relations. Plurilateral dialogues that include U.S.-friendly jurisdictions such as the European Union, Canada or Australia should also be considered.

“China’s importance in the global economy creates a strong incentive to find ways to promote U.S. interests in a rules-based international trading order; to work with allies to address common challenges with respect to China; and to work together with China to address our common challenges and responsibilities,” said Clark.

USCIB Makes Recommendations to Biden Administration on Negotiations of Investor-State Dispute Settlement

Published on September 9, 2021

USCIB submitted a letter to officials in the U.S. Department of State and the U.S. Trade Representative regarding ongoing negotiations on reform of Investor-State Dispute Settlement (ISDS) in the United Nations Commission on International Trade Law (UNCITRAL) Working Group III.

“USCIB has been the lead private sector observer delegation throughout these negotiations and has long been a leading voice for the U.S. private sector on international investment policy issues,” said USCIB Director of Investment, Trade, and China Alice Slayton Clark. 

The letter emphasized several policy issues of concern to the U.S. business and industry community, including the European Union’s ill-conceived proposal to replace ISDS with a multilateral investment court, which the United States has opposed under successive Democratic and Republican administrations.

According to Clark, “we have seen almost no support for the court amongst U.S. stakeholders, including business, labor, and environmental groups.”

The letter also noted that UNCITRAL WG III is considering other “reforms” to ISDS that would be unfavorable to U.S. business. For example, some states have proposed that investors who own shares in a foreign company should be prohibited from seeking a remedy for damages to their investments if they do not control the company. Such an approach would leave U.S. investors entirely without a remedy in many cases, even where the law requires them to invest through a joint venture with local partners.

USCIB made three recommendations for the Biden Administration to consider:
• that the U.S. government continue to assign a high priority to the UNCITRAL WG III negotiations;
• that the U.S. government continue the practice of dialogue and cooperation with USCIB, the broader U.S. private sector, and other stakeholders; and
• that the U.S. government seek to include on the agenda for any upcoming high-level U.S.-EU meeting, a frank discussion of the EU’s multilateral investment court proposal and the UNCITRAL negotiations.

USCIB Meets With New OECD Secretary General Cormann on His First Official DC Visit

Published on August 4, 2021
L-R: Kennedy, Robinson, SG Cormann, Johnston meet in the OECD Washington DC office in July 2021

USCIB members joined a first meeting and dialogue with OECD Secretary General Mathias Cormann, hosted by the U.S. Chamber of Commerce on July 21 in Washington DC. USCIB President and CEO Peter Robinson, and Citi Managing Director and Business at OECD (BIAC) Chair Charles R. Johnston, led the discussion, along with USCIB Board Member and Executive Vice President for International Affairs at the Chamber Myron Brilliant.

As the U.S. affiliate of and representative to BIAC, the official business spokes-organization to the OECD, USCIB values and engages with OECD on a wide range of cross-cutting issues. In light of the U.S. chairmanship of this year’s OECD Ministerial Council Meeting on October 5–6 in Paris, the meeting offered USCIB Committee Chairs and other active member representatives the opportunity to highlight their priorities for OECD’s policy recommendations.

SG Cormann described his leadership priorities for OECD, which center around restoring economic growth and recovery, including through multilateral trade. He highlighted the thought leadership role of the OECD in G7 and G20 discussions of a global corporate minimum tax rate. He also discussed the potential for OECD to contribute to a possible similar global conversation on carbon pricing and carbon border adjustment. Other topics covered included responsible business conduct; tackling illicit trade; and innovation and digital economy.

In his closing remarks, Robinson stated, “Imagine what could be accomplished if all multilateral institutions followed the OECD’s consultative model to work with business and co-create solutions to urgent challenges!”

Robinson thanked Cormann, and said that USCIB and the American business community are dedicated to working with OECD through BIAC to show the way through and past the pandemic on fundamentals like regulatory coherence and combatting corruption, as well as on emerging technologies and issues.

USCIB Praises US Engagement But Urges More Ambitious WTO Negotiation on Services Domestic Regulations

Published on August 4, 2021

USCIB submitted a letter to the Biden administration lauding its recent decision to engage in World Trade Organization (WTO) negotiations to facilitate trade in services, but urging a more ambitious outcome.

A plurilateral negotiation involving sixty-four nations, the Joint Statement Initiative (JSI) on Services Domestic Regulations (SDR) seeks to streamline and make more transparent domestic regulations governing services covered under the 1995 WTO General Agreement on Trade in Services (GATS). This would largely target rules that authorize the supply of services such as licensing and qualification requirements and procedures, as well as technical standards relating to trade.

The August 2 letter, co-signed by the U.S. Chamber of Commerce and National Foreign Trade Counsel, requests U.S. Trade Representative Katherine Tai to press like-minded nations to maximize the agreement’s potential by extending the proposed disciplines on regulations to a broader set of services sectors.

“While the JSI would be meaningful as currently considered, it would be far more beneficial to extend the disciplines beyond the sectors under GATS, which are uneven in coverage and out of date,” said USCIB Director for Investment, Trade and China Alice Slayton Clark.

Services trade comprises nearly half of global trade in value-added terms and has grown at twice the rate of merchandise trade over the past decade. Yet it costs double to trade in services compared to goods. According to the letter: “streamlining and updating regulatory regimes in the broadest array of services sectors will go far in correcting this inequity.” It would also contribute to global economic recovery, providing a boost to a sector disproportionately harmed by pandemic shutdowns and travel restrictions.

A copy of the letter is available here.

WTO and UN Host Global Dialogue on Trade and Food

Published on July 14, 2021

USCIB Senior Vice President, Innovation, Regulation, and Trade Brian Lowry participated in an outreach event on July 6 convened by the World Trade Organization (WTO) Secretariat in collaboration with the United Nations Food Systems Summit.

The Global Dialogue on Trade; Trade, An Essential Piece of the of the Food Systems Puzzle was curated by Dr. David Nabarro and convened to encourage an informal dialogue and exchange of views amongst invited participants, representing a broad range of stakeholders from government, civil society, business, farmers, academia and more.

A high-level opening plenary with WTO Director General Dr. Ngozi Okonjo-Iweala and Special Envoy of the United Nations Food Systems Summit Dr. Alice Kalibata, was followed by discussions in ten breakout sessions amongst invited participants under Chatham House rules. Lowry participated in breakout discussion on Realizing the Human Right to Food, which was facilitated by Michael Fakhri, UN special rapporteur on the Right to Food. Other sessions focused on topics such as, international trade in food in times of crisis, global agricultural value chains, nutrition security, ensuring sustainable food trade and food safety.

According to Lowry, no reports or outcomes will emerge from the discussions in the breakout rooms. A high-level closing plenary presented in broad terms some of the subjects discussed in the breakout sessions and included closing remarks by WTO Deputy Director General Jean-Marie Paugam.