A Green Light for “Green” Tariffs?

New study scrutinizes how international trade rules may impact limits on carbon emissions

3771_image001New York, N.Y., January 25, 2008 – Are efforts to limit greenhouse gas emissions under agreements like the Kyoto Protocol compatible with World Trade Organization rules?  As Congress and many European policy makers weigh the imposition of “green” border taxes to punish more carbon-intensive products from abroad, a new report by a leading industry group raises troubling questions about WTO rules and jurisprudence  and their possible application to climate policy.

The study by the United States Council for International Business (USCIB) looks specifically at the issue of whether countries might decide the U.S. has an unfair trade advantage as the result of its decision not to adhere to the Kyoto Protocol.  It is an update of a 2002 paper issued soon after the Bush administration announced its intention not to sign  the Kyoto agreement.

“When we published our original paper six years ago, the issue was largely speculative,” said Timothy E. Deal, USCIB’s senior vice president and the author of the study.  “Back then it was mainly NGOs like Greenpeace and Friends of the Earth Europe that were pushing for a climate border tax as a way to punish the U.S. and other non-Kyoto signatories.  Now we have politicians on both sides of the Atlantic talking more openly about some form of carbon tax regime.”

Two separate bills currently before the U.S. Senate would combine a national cap-and-trade system for reducing carbon emissions with fees or taxes on imports from countries that do not adequately limit such emissions.  Meanwhile, the European Commission has floated the same idea in proposing a new European emissions regime.  Last October, French President Nicolas Sarkozy publicly urged the EU to “examine the option of taxing products from countries that do not respect the Kyoto Protocol.”

The USCIB study looks at pre-existing GATT/WTO jurisprudence on trade and environment, as well as key WTO rulings such as the 1998 Shrimp-Turtle decision.  According to Mr. Deal, that landmark ruling may have opened the door for the use of trade measures to promote environmental objectives based on the way a product is made.

“This issue could cause an absolute train wreck to the multilateral trading system,” said Mr. Deal.    “Clarification of the relationship between multilateral environment agreements and international trade rules, as called for in the WTO’s Doha Development Agenda, may be necessary to avert such a clash.”

Founded in 1945, USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership encompasses over 300 leading U.S. companies, professional services firms and associations whose combined annual revenues exceed $3.5 trillion.  As American affiliate of several leading global business groups, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

Contact:

Jonathan Huneke, VP Communications, USCIB

+1 212-703-5043 (office), +1 917-420-0039 (mobile) or jhuneke@uscib.org

USCIB study: “WTO Rules and Procedures and Their Implication for the Kyoto Protocol”

“Trade Can Save the Climate” (column by USCIB President Peter M. Robinson, Winter 2007-2008)

More on USCIB’s Environment Committee

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WTO website

Journal of Commerce: Year-End Essay

The major challenge facing U.S. business is in keeping markets open to investment at a time when many seek to close them, often for protectionist purposes. The U.S. economy benefits enormously from inward investment in terms of jobs created, R&D expenditures and outlays for new plants and equipment. U.S. investors likewise spur world economic growth, ensuring the most productive use of the world’s financial and natural resources.

However, the sheer volume of foreign investment, coupled with the entry of new players often using sovereign wealth funds to place their new-found fortunes, have sparked calls here and abroad for greater governmental control over investment flows. Several governments have tightened regulations regarding foreign investment, while others threaten to do so. Many countries also use informal barriers to restrict outside investment, declaring that certain industries are off limits and must be protected as national champions. Is this the wave of the future? Do we really want investment protectionism?

Congress last year enacted a sensible reform of the process for reviewing the national security implications of proposed foreign takeovers. The Bush administration followed with a major statement – the first in 10 years – reaffirming long-standing U.S. policy of openness to foreign investment. That is the right direction for the U.S. and world economy.

More on USCIB’s Trade and Investment Committee

Shipping Digest: Losing the bigger picture

By Peter M. Robinson

The thing that saddens me at this time of declining confidence in trade is that people are losing the bigger-picture perspective of the benefits of trade, while reaching for the latest and closest facts and figures, many of which are questionable, to supposedly justify their negative opinion.

Two of those bigger-picture benefits are particularly timely in today’s world: peace and climate. In the first case, trade is a deterrent to war. It is the exchange of goods and services that necessarily brings people together from different cultures and bridges political divides. Without trade, the world would be in an even more dangerous state.

In the second case, trade can help save our climate. It is trade that will facilitate the necessary transfer of clean, affordable technology to countries with the biggest emissions problems, a situation that ultimately knows no boundaries and which all the citizens of the world will share.

When we think of the world that we are preparing our children to inherit, I want one that will have as much peace and stability as possible, and one that will be as clean as possible. Trade is a big facilitator of those things and we too often lose that perspective as we go for shortterm, quick-fix solutions in response to the necessary adjustments and changes that trade does involve.

America is the land of innovation, of strength, and the proven ability to compete. Trade clearly benefits our society in the long run. Our leaders need to recognize this and act accordingly.

Peter M. Robinson is president of the United States Council for International Business. He can be reached at (212) 354-4480 or probinson@uscib.org.

More on USCIB’s Trade and Investment Committee

USCIB Applauds House Passage of Free Trade Agreement With Peru

peruWashington, D.C., November 8, 2007 – The United States Council for International Business (USCIB), which represents America’s top global companies, applauded passage today of the U.S.-Peru Free Trade Agreement by the U.S. House of Representatives.

“This agreement will provide improved market access for U.S. manufactured goods, offer new opportunities to the services sector, including financial services providers, and open up Peru’s market to American agricultural exports,” stated USCIB President Peter M. Robinson.

Mr. Robinson also noted that the Peru agreement would give greater security and predictability to U.S. investors operating in that country.  “Especially important in that regard is the strong investor-to-state dispute-settlement mechanism in the agreement, which means that investors will have a neutral forum for adjudication of any disputes,” he said.

“We are hopeful that the U.S. Senate will now move promptly to approve the agreement, which will do much to cement relations with one of our best neighbors in the hemisphere,” stated Mr. Robinson.  He also said USCIB members hoped it would provide a spur to additional market-opening trade agreements at the bilateral and multilateral levels.

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Based in New York, its membership includes more than 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3.5 trillion.  As American affiliate of the leading international business and employers organizations, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

More on USCIB’s Trade and Investment Committee

U.S. Trade Representative’s office fact sheet on the U.S.-Peru FTA

USCIB Welcomes China’s Progress on WTO Commitments, but Concerns Remain

USCIB addressed its statement on China and the WTO to U.S. Trade Representative Susan Schwab.
USCIB addressed its statement on China and the WTO to U.S. Trade Representative Susan Schwab.

New York, N.Y., September 20, 2007 – China has made significant efforts to meet its obligations under the terms of its accession to the World Trade Organization, but concerns remain on compliance issues, according to a leading industry group.

In its annual review of China’s progress under its WTO accession terms, the United States Council for International Business (USCIB), which represents hundreds of  multinational companies, also praised the U.S. and Chinese governments for working to resolve bilateral trade frictions.

“The U.S.-China relationship is complex and multi-faceted, and our members have a direct and important stake in this engagement,” said USCIB President Peter M. Robinson.  “We believe China is making some progress on its WTO commitments, but still has a way to go on many fronts.  We appreciate that the United States and China are approaching these issues in a spirit of collaboration and partnership.“

The USCIB statement identified a number of areas warranting further efforts by Beijing to ensure full compliance with its WTO accession requirements.  Among these were a continued lack of transparency in rulemaking and in the judiciary, insufficient notice of new or proposed laws, unfair treatment of foreign firms in certain industries, and the continued inadequacy of intellectual property protection in China.

In addition, USCIB called on China to work toward sounder regulations governing such industries as chemicals, postal and express delivery services, and telecommunications.

Mr. Robinson said USCIB would continue to support the work of the joint U.S.-China Joint Commission on Commerce and Trade, as well as the bilateral Strategic Economic Dialogue, slated to reconvene in Beijing this December.

He also pledged active support for ongoing work in the Organization for Economic Cooperation and Development to promote regulatory reform in China and pursue enhanced engagement with the country.  USCIB is the American affiliate of the Business and Industry Advisory Committee to the OECD, which serves as the voice of business in the 30-nation organization.

The USCIB statement was submitted to U.S. Trade Representative, Susan Schwab by Mr. Robinsonand Clarence Kwan, national managing partner of Deloitte & Touche’s Chinese services group and chair of USCIB’s China Committee.

USCIB promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes more than 300 U.S. companies, professional service firms and associations whose combined annual revenues exceed $3.5 trillion.  As American affiliate of the leading international business and employers organizations, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

USCIB statement on China’s WTO obligations

More on USCIB’s China Committee

The International Herald Tribune: U.S. trade policy

Letters to the Editor

Regarding the editorial ”Beating up on trade is not the answer” (July 28): How ironic that Congress has been considering yet another incomprehensible farm bill, yet it cannot be bothered to take the necessary steps to ensure the country benefits from future trade agreements, nor even to ratify the bilateral trade agreements America has signed with Korea, Peru and others.

The business community agrees that we need to invest in the future of our people and to deal better with the problems caused by trade. But it is hard to engender strong support for these positions with the strident anti-trade rhetoric emanating from so many in Washington.

To retain America’s leadership in the world, we must better engage emerging markets like China and India, where so much of tomorrow’s economic growth will take place. But we will never do so as long as America’s leaders cannot see beyond tomorrow’s elections.

Peter M. Robinson, New York

More on USCIB’s Trade and Investment Committee

The New York Times: The Costs and Benefits of Free Trade

To the Editor:

Congratulations for ”The Case for Trade” (editorial, July 27). We need to stop blaming the Chinese for problems that are essentially home-grown and get on with the business of ensuring that American workers and companies can compete in a globalized world market.

One key element of that process will be an expanded program of assistance, in the form of retraining, for workers who lose their jobs for whatever reason.

Congress also needs to be serious about reducing our absurd farm subsidy programs.

There are enormous benefits to be gained from approval of the pending free trade agreements with Peru, Panama, Colombia and South Korea and from conclusion of the Doha round. This is where the administration and Congress should direct their attention.

Thomas Niles

Scarsdale, N.Y., July 28, 2007

The writer is a vice chairman of the United States Council for International Business.

More on USCIB’s Trade and Investment Committee

USCIB Applauds Signing of Korea Free Trade Pact

New York, N.Y., June 30, 2007 – The United States Council for International Business (USCIB), a pro-trade organization representing America’s top global companies, applauded today’s signing of a free trade agreement between the United States and Korea, which it cited as a major milestone in U.S. foreign trade policy.

“This agreement ranks among the most commercially significant America has entered into,” stated USCIB President Peter M. Robinson. “We congratulate our negotiators. They have secured an agreement that has huge potential economic benefits for U.S. business, workers, farmers and consumers.”

The comprehensive U.S. Korea Free Trade Agreement stands to eliminate nearly all tariffs on manufactured goods, and provide substantial new market access opportunities for U.S. services and agricultural exports. It also effectively addresses many non-tariff barriers.

Korea is a trillion-dollar economy and the seventh-largest U.S. trading partner. In 2006, bilateral trade in goods alone amounted to $78 billion, with U.S. exports to Korea totaling $32 billion in goods and $10 billion in services.

Mr. Robinson called upon Congress to ratify the agreement as soon as possible to maximize its benefits. He also expressed his hope that it would provide a spur to additional market opening trade agreements at the bilateral and multilateral levels.

USCIB promotes an open system of global commerce. Its membership includes some 300 leading U.S. companies, professional service firms and associations. As the American affiliate of three global business bodies – the International Chamber of Commerce, the International Organization of Employers, and the Business and Industry Advisory Committee to the OECD – USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade.

Contact:
Rob Mulligan
(202) 682-7375 or rmulligan@uscib.org

More on USCIB’s Trade and Investment Committee

U.S. Trade Representative’s office fact sheet on the U.S.-Korea FTA

USCIB Welcomes Bipartisan Trade Policy Accord

3699_image002New York, N.Y., May 14, 2007 – The United States Council for International Business (USCIB), which represents hundreds of America’s top global companies, welcomed the agreement between the White House and Congress on a new trade policy “template,” which it said should clear the way toward approval of pending U.S. free trade pacts and renewal of the president’s trade negotiating authority.

USCIB, the U.S. affiliate of the International Organization of Employers, which represents business in the International Labor Organization, said it was especially pleased that negotiators had forged a compromise approach to incorporating international labor principles into U.S. trade agreements that recognizes the role of the ILO to help its member countries advance labor conditions.

USCIB President Peter M. Robinson applauded the efforts of U.S. Trade Representative Susan Schwab and Rep. Charles Rangel, chairman of the House Ways and Means Committee, to conclude the deal.

“Ambassador Schwab and Chairman Rangel have worked tirelessly to forge a bilateral consensus on trade policy, paving the way for further trade liberalization that will benefit business, workers, consumers and farmers,” stated Mr. Robinson.  He noted that, at last December’s USCIB annual award dinner, Congressman Rangel had underscored his strong interest in promoting a forward-looking trade agenda.  “The Chairman delivered, and we are most appreciative.”

Mr. Robinson said the way was now clear to gain approval of the free trade agreements currently before the Congress.  “Hopefully, Congress will approve these FTAs and extend the president’s trade promotion authority,” he stated.  “Extension of trade authority is urgently needed to generate movement in the Doha Round, which is a high priority for U.S. business.”

Mr. Robinson said he was gratified that the agreement’s labor provisions prominently feature the International Labor Organization’s Declaration on Fundamental Principles and Rights at Work, which was developed at the initiative of the International Organization of Employers’ members, including USCIB.  The ILO’s tripartite structure encompasses representation from governments, employers and trade unions, so the ILO declaration’s principles have the support of all three groups in the U.S. and internationally.  It is therefore appropriate to reaffirm them in U.S. trade agreements as objectives that all countries should recognize and strive to realize in their national laws.

USCIB said it recognized that the negotiations on transforming the agreement, presently in the form of a joint “concept paper,” into legislation would require continued bipartisan cooperation between the Executive Branch and Congress.  It also recognizes that concerns may persist in the business community on non-labor issues covered by the agreement, particularly on intellectual property.  “We are confident that, at the end of the day, the same sense of bipartisanship that led to this agreement will carry forward in the drafting of actual legislation,” stated Mr. Robinson.

The United States Council for International Business promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes more than 300 leading U.S. companies, professional services firms and associations whose combined annual revenues exceed $3.5 trillion.  As the exclusive American affiliate of three key global business groups – the International Chamber of Commerce, the International Organization of Employers, and the Business and Industry Advisory Committee to the OECD –  USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade.

Contact:

Jonathan Huneke, USCIB

Tel: +1 212 703 5043 or +1 917 420 0039 (mobile)

E-mail: jhuneke@uscib.org

More on USCIB’s Trade and Investment Committee

More on USCIB’s Labor and Employment Committee

Head of Leading Industry Group Applauds President’s Statement on Open Economies

USCIB Chairman William G. Parrett speaking at the G-8 Business Summit in Berlin (Photo: BDI).
USCIB Chairman William G. Parrett speaking at the G-8 Business Summit in Berlin (Photo: BDI).

New York, May 10, 2007 – The chairman of the United States Council for International Business, William G. Parrett, applauded President Bush’s reaffirmation today of an open-door policy toward foreign investment in the United States and his encouragement that other nations follow this approach.

President Bush today issued a ringing endorsement of open markets worldwide, urging other nations “to join us in supporting an open investment policy and protecting international investments.”

Mr. Parrett, chief executive officer of Deloitte, welcomed the administration’s statement, calling it an important signal to markets and U.S. trading partners. “This is the first time in some 15 years that the U.S. has made such a high-level reaffirmation of the importance of open markets,” he said.  “Business sees U.S. government leadership as critical to preserving open markets, and I applaud the President’s commitment announced today.”

At last month’s first-ever G-8 business summit in Berlin, Mr. Parrett joined the heads of business federations from the other G-8 nations in appealing to governments to avoid recourse to investment protectionism.

“Governments need to take action at the highest level to avoid investment protectionism if we want to encourage the free flow and benefits of international investment,” Mr. Parrett said at the April business summit.  “They need to affirm, in word and practice, their commitment to open, cross-border investment.”

The business community has seen worrisome signs that the pendulum is swinging away from open markets in many countries.  Mr. Parrett said, “U.S. business recognized that the world had changed dramatically since 9/11 and that governments must pay more attention to national security issues, but a legitimate concern for national security needs to be considered alongside the benefits of allowing foreign investment.”

The United States Council for International Business promotes an open system of global commerce in which business can flourish and contribute to economic growth, human welfare and protection of the environment.  Its membership includes more than 300 leading U.S. companies, professional services firms and associations whose combined annual revenues exceed $3.5 trillion.  As the American affiliate of several leading global business groups, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade.  More information is available at www.uscib.org.

Contacts:
Jonathan Huneke
, VP Communications, USCIB
Tel: +1 212 703 5043 or +1 917 420 0039 (mobile)
E-mail: jhuneke@uscib.org

Madonna Jarrett, Director, DTT Public Relations and CEO Communications
Tel: +1 212 492 3738 or +1 646 388 2335 (mobile)
Email: mjarrett@deloitte.com

President Bush’s statement on open economies (White House website)

G-8 Business Declaration: Joint Statement of the G-8 Business Organizations (PDF file, 1.8 MB)

More on USCIB’s Trade and Investment Committee

Deloitte website