International Chamber of Commerce THE WORLD BUSINESS ORGANIZATION in 2013 8th World Chambers Congress Doha n 22-25 April World Trade Agenda Summit Doha n 22 April Programme of Action G20 Summit Saint Petersburg n 5-6 September International Chamber of Commerce THE WORLD BUSINESS ORGANIZATION in 2013 Programme of Action Copyright © 2013 International Chamber of Commerce (ICC) ICC holds all copyright and other intellectual property rights in this work, and encourages its reproduction and dissemination subject to the following: ICC must be cited as the source and copyright holder mentioning the title of the document, © International Chamber of Commerce (ICC), and the publication year if available. Express written permission must be obtained for any modification, adaptation or translation, for any commercial use, and for use in any manner that implies that another organization or person is the source of, or is associated with, the work. International Chamber of Commerce 38 Cours Albert 1er 75008 Paris France www.iccwbo.org Cover photos: © www.photos.com Contents Foreword by the Secretary General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The voice of world business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ICC policy and commission work.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ICC commissions Arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Banking.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial Law and Practice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competition.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate Responsibility and Anti-corruption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customs and Trade Facilitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Digital Economy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Environment and Energy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intellectual Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marketing and Advertising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trade and Investment Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 14 15 ICC special projects and groups Business Action for Responsible Marketing and Advertising (BARMA). . . . . . . . . . . . . . . . . . . . . . . . . Business Action to Stop Counterfeiting and Piracy (BASCAP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business Action to Support the Information Society (BASIS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ICC G20 Advisory Group. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ICC World Trade Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Group on Economic Policy (GEP). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Permanent Representative to the United Nations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 National committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 International Centre for ADR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ICC Institute of World Business Law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Business development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ICC Training and Conferences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ICC Publications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Communications and media relations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 World Chambers Federation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ATA Carnet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificates of Origin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . World Chambers Congress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . World Chambers Network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Policy and advocacy support. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 17 18 18 18 ICC Commercial Crime Services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . International Maritime Bureau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial Intelligence Bureau.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counterfeiting Intelligence Bureau.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 18 18 The ICC national committee network. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Chairmanship and Secretary General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Foreword by the Secretary General The historic changes taking place in the balance of political and economic power in the world are reflected in the business community, in trade flows and in the operations of the millions of companies that are part of the ICC global network. Throughout its long history, ICC has always benefitted from the renewed vigour and purpose that mobilize the business community at moments of great change. The next decade promises to be one of those pivotal moments. A recent quote from Pascal Lamy, Director-General of the World Trade Organization, captures a fundamental aspect of the changes taking place: “The emergence of some developing countries as key players and as real contributors to global dialogue on trade and economics is a fundamental feature of this new geo-political reality. These emerging powers — China, India, Brazil, Mexico, Indonesia, Turkey, Malaysia, South Africa, Thailand, Chile — are no longer policy takers. These countries now increasingly influence the pattern and scope of international trade, creating new supply and demand pulls and flexing their influence in international organizations. T he rising weight of influence of emerging economies has shifted the balance of power. Some may consider this a problem, it is perhaps better to think of it as an opportunity…” The growing international presence of companies from emerging economies is a tremendous opportunity for ICC. These companies are often new to international trade and eager to be part of the global economy. ICC offers them information, business tools, training, international arbitration, and access to partner networks to further extend their business activities. ICC’s existing membership network in developed economies will also be better served as ICC becomes more international, broadening its membership and its ability to work with companies from all regions of the world to adapt and evolve their businesses to fit the new global economy. Fortunately for ICC, many of the companies involved in world trade, large and small, are looking to this organization for leadership. They recognize there is more than ever a need to have modern-day merchants of peace among the forces shaping the world economy, working for a cooperative approach to sharing the world’s resources, preserving the environment, ensuring growth is inclusive and that trade and investment remain drivers for peace and prosperity. www.iccwbo.org The role of ICC in the new global economy ICC was founded to promote international trade and investment as vehicles for peace and prosperity. Its success in fulfilling that role for nearly a century has contributed to rising prosperity in the world; its work has also established a reputation which remains the organization’s most valuable legacy. For the future, there are three key areas where the role and work of ICC must evolve to meet the requirements of companies in the new global economy. romoting trade and investment: The 21st century P could see a repeat of mistakes of the past. Trade blocks and protectionism are rising, in part as a response to the emergence of new economic and political forces. The classic method of using negotiating “Rounds” to conclude multilateral trade agreements is not working. ICC’s approach to promoting open markets for trade and investment, fighting protectionism, advancing practical business proposals in support of the multilateral approach to dealing with international economic issues including trade, investment, the environment, and global governance needs to become more flexible and innovative. This is reflected in ICC’s Programme of Action for 2013, in particular in the World Trade Agenda initiative launched in 2012, and in the work of ICC’s G20 Advisory Group. The broad consultation with business on trade and investment negotiation priorities for the 21st century, an essential feature of the WTA, will help set a new, modern agenda for trade negotiations. Making globalization sustainable: A second key role fashioned by the members of ICC over recent decades has become more relevant than ever, and promises to be an even more important area in the future — centred on the work of ICC in providing rules, codes and policies that have a positive effect on globalization, capitalism, the market economy and on business practices. Globalization is an economic and social phenomenon that needs to be shaped by sound policies and business practices. The successive economic crises of the last decade, often associated with poor or lax practices by business and governments, have eroded public support for globalization, open trade and investment and the market economy. In that context, ICC is uniquely placed to provide leadership to the global business community in support of policies, best practice, self-regulatory approaches, and products and services that contribute to making economic development, trade and globalization more inclusive and transparent. ICC’s long-standing experience in resolving commercial disputes, developing rules on anti-corruption, codes on marketing and advertising, roadmaps for companies and policy-makers on intellectual property and the green economy, and in promoting best business practice stands as evidence 2013 Programme of Action | 3 that trade and other facets of globalization can be tempered through sound policies and practices that make them more socially acceptable, and therefore more sustainable. roviding services and products in support of P business: ICC’s third important role is in working with business and governments to adapt to the historical shifts occurring in the balance of political and economic power in the world. Companies in the global economy, large and small, envisage this historic shift differently depending on their circumstances. ICC members in emerging economies are enthusiastic about securing a place in the global economy, while those in developed economies are working to adapt and evolve their businesses to fit the new global realities. ICC can provide advantages for companies worldwide as they pursue the opportunities of the new global economy, and as they adapt their business models and practices to fit its new requirements. ICC’s existing training and conference programmes to promote best business practice will expand and become more readily available through increased use of on-line technologies. Its dispute resolution services will become more accessible, more competitive and more attractive to companies worldwide. ICC was created to be a pro-active force in the world, by business people with a vision that went beyond the bottom line. That remains its mission in this time of many perils and much change. ICC’s Programme of Action for 2013 embraces a strategy of clear engagement by business in shaping the future of the world economy. The projects being undertaken by ICC, working with the business community around the world and in partnership with governments and civil society, address key issues such as international trade and investment, the environment, intellectual property, and corruption from a perspective that views business and economic concerns as being part of achieving a balanced society, where peace and prosperity are a shared objective. I would like to highlight three initiatives in the policy area to which we will be attaching particular importance in 2013: e shall be building on our successful experiences W with past G20 Summits to strengthen ICC’s CEOled G20 Advisory Group as a business forum to provide input into the G20 policy process. ICC is once again partnering with a number of national and international business organizations to ensure the business voice is influential in the annual summit of G20 government leaders that will take place in Saint Petersburg, Russia in September 2013 and in Brisbane, Australia in 2014. ICC is drawing on the work of its policy commissions for substantial input on policy issues identified as crucial by G20 governments, including trade, investment, and anticorruption. The ICC network is also contributing policy input by hosting G20 consultations with business leaders in various regions. www.iccwbo.org ICC will further develop its World Trade Agenda for business. The purpose of this initiative is to provide a platform for world business, as the principal actor in cross-border trade and investment, to help define a new multilateral agenda for the 21st century based on the practical needs of companies. This bottom-up approach will seek to break the longstanding stalemate in the Doha Round trade negotiations by proposing business priorities with the aim of achieving a Doha Agreement in the next two years. ICC is mobilizing its global network to ensure a broad consultation with business to develop practical policy recommendations that can be proposed to the members of the World Trade Organization as a debt-free stimulus for the world economy. The calendar for 2013 includes a major policy summit in Doha, Qatar, on the World Trade Agenda. There will also be regional business consultations on the WTA leading up to the WTO Ministerial Conference in Bali, in December 2013. he digital economy has become a mainstay of T the global economy, with hundreds of millions of individuals connecting every day to communicate and do business on the Internet. Ensuring the Internet remains accessible and a force for global growth and development is a key aim of ICC’s work in the context of its Commission on the Digital Economy and BASIS initiative, particularly at the Internet Governance Forum. ICC leads business participation in developing policy and innovative approaches for Internet development and governance on critical issues such as data protection and privacy. ICC remains a staunch advocate of the multistakeholder approach to Internet and ICT policy development, which has proven its value. This approach is being contested by a number of proposals to regulate and limit Internet activity and move these discussions into intergovernmental forums. This is an area where ICC will use its credibility to ensure the Internet remains open and free of government constraints. ICC in Paris and in the world This year will mark a historic first for ICC as the organization moves into new international headquarters on avenue du Président Wilson in Paris’ 16th district — a short walk from the current location. The move to the new headquarters during 2013 is an opportunity to modernize the organization’s functioning and its culture. At the same time, ICC is moving to extend its global reach, by beginning to establish a presence in key regions. This will improve the ability of business to participate in the work of ICC and to benefit from the results of that work. In becoming more international, ICC will be able to better encompass the policy concerns and priorities of business communities around the world. Jean-Guy Carrier Secretary General International Chamber of Commerce 2013 Programme of Action | 4 The voice of world business The International Chamber of Commerce (ICC) is the voice of world business. ICC champions open cross-border trade and investment, the market economy system and global economic integration as a force for sustainable growth, job creation and prosperity. ICC’s global network comprises over 6 million companies, chambers of commerce and business associations in more than 130 countries. Because national economies are now so closely interwoven, government decisions have much stronger international repercussions than in the past. ICC expresses business views that support multilateralism as the best way to find effective solutions to global challenges, based on the principles of open markets and rulesbased trade and investment. ICC has direct access to national governments through its global network of national committees consisting of ICC member companies, business associations and chambers of commerce. This network represents ICC at the national level by acting as a liaison between ICC’s Paris-based international secretariat and ICC members. The ICC network also formulates the views of the business community in respective countries on issues dealt with by ICC. ICC’s international secretariat provides business views to intergovernmental organizations on issues that directly affect business operations. More than 2,000 experts drawn from member companies feed their knowledge and experience into crafting ICC positions. ICC activities cover a broad spectrum, from arbitration and other forms of dispute resolution to making the case for open international trade and investment, business self-regulation, fighting corruption and combating commercial crime. Writing rules for business ICC has a long history of developing voluntary rules, guidelines and codes to facilitate business and spread good practice. These include: ICC’s Uniform Customs and Practice for Documentary Credits (UCP 600): rules used by banks to finance billions of dollars’ worth of world trade every year ICC Incoterms® rules: standard international trade definitions used every day in countless thousands of contracts to define the responsibilities of buyers and sellers ICC model contracts that make doing business easier for smaller companies that cannot afford big legal departments he Consolidated ICC Code of Advertising and Marketing T Communications: the global foundation for national selfregulatory systems that monitor marketing practices Policy advocacy ICC develops global business policy views on key issues that affect companies’ ability to trade and invest across borders and meet the challenges and opportunities of an integrated global economy. These issues include: banking, commercial law and practice, competition policy, corporate responsibility and anticorruption, customs and trade facilitation, the digital economy, environment and energy, intellectual property, marketing and advertising, taxation, and trade and investment policy. www.iccwbo.org 2013 Programme of Action | 5 ICC policy work, which can take the form of policy statements to influence intergovernmental discussions, is developed through specialized working bodies composed of business experts. The strength and legitimacy of ICC policy derive from rigorous development through extensive consultation with member companies via the ICC global network. ICC policy recommendations are communicated to both national governments and intergovernmental ICC leadership held a curtain-raiser press conference at the G20 Business Summit in Los Cabos organizations (IGOs) — including the United Nations and the World Trade Organization — and forums such as the G20. They are intended to reflect a broad business consensus as represented by ICC, while at the same time making a meaningful contribution to the policy debate from a global business perspective. Working with the United Nations ICC enjoys a close working relationship with the United Nations (UN). Since 1946, ICC has held consultative status with the UN and its specialized agencies. With IGOs increasingly involved in matters of concern to the business community, it is important that business representatives be “at the table” when these issues are discussed. ICC’s privileged consultative status at the UN and its long experience of being the voice of business in international negotiations enable it to bring the views of world of business to the UN. Extensive consultation with its worldwide, multi-sectoral membership lends ICC’s views special authority and legitimacy. ICC’s Permanent Representative to the UN in New York provides the liaison between ICC and the UN system. Resolving disputes worldwide The ICC International Court of Arbitration is the most trusted system of arbitration in the world, with arbitration under its rules on the increase. Since 1999, the Court has received new cases at a rate of more than 700 a year. The ICC International Centre for ADR (Amicable Dispute Resolution) has also developed a full range of other dispute resolution rules and services for international commerce such as the ICC ADR Rules, the ICC Rules for Expertise, the ICC Dispute Board Rules, and the DOCDEX Rules for the settlement of documentary credit disputes. A global forum for chambers of commerce Through the ICC World Chambers Federation (WCF) — ICC’s worldwide network of chambers of commerce — ICC fosters interaction and exchange of best practice among chambers all over the world. WCF strengthens links between chambers, enabling them to improve their performance and develop new products and services to offer their members. www.iccwbo.org 2013 Programme of Action | 6 ICC policy and commission work ICC commissions ICC commissions are specialized working bodies composed of business experts who examine major issues of practical concern to world business. They prepare policy products, including statements to shape intergovernmental discussions, as well as rules and codes to facilitate international business transactions. Arbitration Mandate As a forum for pooling ideas on issues relating to international arbitration and other forms of dispute resolution, the commission aims to: Draft and amend ICC’s Arbitration, ADR, Expertise, Dispute Board and other forms of dispute resolution rules. Study the juridical and other aspects of arbitration and other modes of international dispute settlement, examine them in view of current developments and produce reports, guidelines or best practices. Promote ICC’s various dispute resolution services globally. Projects for 2013 C omplete the study of the role that parties and their in-house counsel can play in improving the time and cost efficiency of international arbitration proceedings. Revise the ICC ADR, Expertise and Dispute Board Rules. Examine the criteria that arbitrators may take into account in allocating the costs of the arbitration. Banking Mandate To serve as a global forum and rule-making body for banks worldwide, with particular focus on the financing of international trade. Projects for 2013 L aunch the revised International Standard Banking Practice (ISBP) to reflect practices applied under ICC Uniform Customs and Practice for Documentary Credits (UCP 600). Publish and promote the new Uniform Rules for Forfaiting. Complete the drafting of Bank Payment Obligation (BPO) guidelines in partnership with SWIFT. Revise the DOCDEX rules to make it more relevant to finance-related disputes. Continue the production of the ICC Trade Finance Register. M aintain engagement with key policymakers on the implementation of the Basel III framework for trade finance. Provide timely market intelligence reports, including analysis to support ICC contributions on trade finance in key international forums. Issue official opinions on queries on UCP, ICC Uniform Rules for Collections, and ICC Uniform Rules for Demand Guarantees on a biannual basis. Develop business policy input on anti-money laundering, the financing of terrorism and economic sanctions, including by providing targeted input into the work of the Financial Action Task Force. Actively explore opportunities to develop new rules for financial instruments. www.iccwbo.org 2013 Programme of Action | 7 Commercial Law and Practice Mandate To set global business standards for international B2B transactions and provide global business input on commercial rules developed by intergovernmental organizations. Projects for 2013 Prepare recommendations to improve the legal framework for international procurement. D evelop and launch new model contracts and checklists, including on joint ventures and methods for internationalizing businesses. Provide global business views to the European legislators on the proposal for a regulation to introduce an optional Common European Sales Law. ontribute to rule-making by the Hague Conference and the European Commission on specific C jurisdiction and applicable law issues relevant to business. evelop practical tools and expert guidance to promote the effective use of the Incoterms® 2010 D rules globally. Finalize the development of ICC principles to facilitate commercial negotiations. Competition Mandate To ensure that modern business needs and markets are taken into account in the formulation and implementation of competition laws and policies. Projects for 2013 R einforce ICC’s role as the main business interlocutor of the International Competition Network (ICN) by organizing a 5th ICC-ICN roundtable. inalize global business views on the alignment of premerger control practices from various F regions with the Recommended Practices for Merger Notification Procedure of the ICN. Further promote the importance of compliance programmes as a tool for competition law enforcement, especially at national level and via ICN, including through the development of an antitrust compliance toolkit. Provide input on EU reforms, in particular with regards to collective redress, technology transfer agreements, and minority shareholdings. ontinue to hold annual C meetings with the European Commission on antitrust developments. © www.photos.com Issue recommendations on the improvement of the European Competition Network (ECN) Model Leniency Programme. ICC will host its fifth roundtable on competition policy on 22 April 2013 in Warsaw, in conjunction with the International Competition Network’s annual conference www.iccwbo.org 2013 Programme of Action | 8 Corporate Responsibility and Anti-corruption Mandate To develop policy recommendations and practical tools from a global business perspective on corporate responsibility and fighting corruption. Projects for 2013 P rovide global business input into various international initiatives on corporate responsibility and anti-corruption, including the strengthening the UN Convention against Corruption (UNCAC) implementation process, and the application of the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. hape G20 deliberations on fighting corruption based on the S renewed mandate of the G20 Working Group. omplete the ICC “Ethics and Compliance” Training Handbook and C launch a series of ICC training seminars, addressing a range of issues including solicitation. Inject global business input on the implementation of the UN Guiding Principles on business and human rights, with a view to ensuring consistent application of the principles internationally. Contribute global business views on corporate responsibility reporting. Issue ICC Guidelines on Gifts and Hospitality. Customs and Trade Facilitation Mandate To promote simplified customs policies and procedures as well as other measures to facilitate international trade. Projects for 2013 P rovide input into the work of the World Customs Organization (WCO) on customs valuation and classification including through the WCO Private Sector Consultative Group. uild on the success of the inaugural ICC Symposium on Trade Facilitation B and hold a follow-up event. ncourage convergence between tax and customs authorities on transfer E pricing and customs valuation. roduce “ICC Guidelines for Traders” and increase dissemination of ICC P Customs Guidelines to national customs administrations. evisit the impact of customs duties on trade in intellectual property R and services. Integrate transport and logistics policy issues from a global and multimodal perspective into ICC’s work on trade facilitation. www.iccwbo.org 2013 Programme of Action | 9 Digital Economy Mandate To promote the global development of the digital economy and stable growth of its underlying information and communication technology (ICT) platform through private sector policy leadership, regulatory advocacy and the promotion of best practice. Projects for 2013 Initiate a business/government dialogue on issues regarding ICTs and international trade. dvocate cross-sectoral and global A business priorities on privacy policy and regulatory frameworks (EU, Council of Europe, US, Asia-Pacific Economic Cooperation (APEC)). The Commission on the Digital Economy leaders at the meeting held in Paris on 15-16 January 2013. The next meeting will take place on 8-9 July in Paris. reate a policy briefing tool that highlights global business priorities for the digital economy, with C guidance for governments supported by a compendium of business actions and practice. romote the policy statement on best practice for modernization of Mutual Legal Assistance Treaties P (MLAT) with respect to law enforcement assistance interactions, to avert the trend of government infrastructure/storage mandates. ighlight the contribution of a multistakeholder approach to Internet and ICT policies, to job H creation and economic growth, in intergovernmental forums (G8, G20, UN, Council of Europe) and multistakeholder forums (Internet Governance Forum). lert governments to the consequences of government policies on new technologies and business A models, as well as on innovation, growth, competitiveness and job creation. (Cloud Computing, Internet of Things, Machine to Machine, Voice over Internet Protocol). Inject global business input in the preparatory process for the International Telecommunication Union (ITU) World Telecommunications Policy Forum (WTPF). onvey business priorities at the Internet Corporation for Assigned Names and Numbers (ICANN) in C light of the new generic top-level domain (gTLD) expansion plan. Environment and Energy Mandate To develop policy recommendations and tools to address major global environmental and energy issues, including climate change, green economy, sustainable development and make a substantive contribution to key intergovernmental discussions in these areas. Projects for 2013 P romote the ICC Green Economy Roadmap globally and via the establishment of an online platform with best practice examples and calls for collaboration. Illustrate a green economy best practice on resource efficiency based on one selected value-chain. L aunch work on energy efficiency with a view to making global value chains greener, and accelerating the adoption of energy efficiency practices in emerging markets especially by small and medium sized enterprises. Develop initial recommendations on sustainable infrastructure financing and investment. www.iccwbo.org 2013 Programme of Action | 10 Intellectual Property Mandate To promote efficient intellectual property (IP) systems that support international trade, encourage investment in creation and innovation, and facilitate sustainable economic development. Projects for 2013 P repare reports on the positive role of patent and trade secrets protection in supporting innovation and technology development and diffusion, as the first phase of a project to promote a more positive approach to IP as a tool for development. nsure business input on the implementation of the Convention E on Biological Diversity’s Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization. Launch a series of ICC university lectures on intellectual property law and its role in new business. Initiate a project on the protection of trade secrets. U ndertake a preliminary study of IP issues raised by electronic media and networks and the roles of different stakeholders. repare the 2014 edition of the ICC Intellectual Property Roadmap and promote the 2012 edition in P different languages at various events around the world. Marketing and Advertising Mandate To promote high ethical standards in marketing by business self-regulation through ICC international marketing codes, and formulate world business positions and initiatives to address government actions that affect marketing and consumer protection. Projects for 2013 © Australian Advertising Standards Bureau W ork with APEC and ICC’s global network to advance understanding of the ICC Marketing Code and advocate its use as the foundation for common standards recommended by the APEC Committee on Trade and Investment dialogue on selfregulation in advertising. Building on the APEC Dialogue on Advertising Standards, ICC will advocate aise awareness and use R application of the ICC Code and encourage effective implementation of best of the ICC Framework practices for self-regulation for Responsible Environmental Marketing Communications among policymakers as a preferred alternative to conflicting guidance or labelling standards that confuse consumers and deter companies from advertising environmental benefits. ap emerging issues and existing policy tools on digital interactive media to assess whether ICC M guidance requires further interpretation to support business and policymakers in adapting to developments to preserve consumer confidence and protection. www.iccwbo.org 2013 Programme of Action | 11 Taxation Mandate To promote transparent and non-discriminatory treatment of foreign investment and earnings that eliminate tax obstacles to cross-border trade and investment. Projects for 2013 L ead global business input into the work of the United Nations Committee of Experts on International Cooperation in Tax Matters, including on the UN Model Convention and the UN Practical Manual on Transfer Pricing for developing countries. ontribute business views to the work of the OECD on topics of a global reach including on the C transfer pricing of intangibles for income tax purposes, in cooperation with the Business and Industry Advisory Committee to the OECD. Produce business recommendations on tax transparency and exit taxes. M onitor developments on international tax reform and establish ICC as the main forum for source taxation countries. romote ICC environmental taxation principles and organize jointly, with the Commission on P Environment and Energy, a seminar on fiscal frameworks and environmental policy-making to further advance the debate on the use of tax-related climate change measures. Trade and Investment Policy Mandate To promote an open global economy that encourages cross-border trade and investment by business to foster job creation, sustainable development, and improve living standards. Projects for 2013 C ontribute to defining the World Trade Agenda and shaping G20 deliberations on trade and investment. ncourage moving towards E a high-standard multilateral framework for international investment to foster a predictable, secure and stable climate for Foreign Direct Investment (FDI) that will contribute to global economic growth and job creation. evelop recommendations on D the issue of forced localization. www.iccwbo.org © World Trade Organization rticulate business views A on the changing nature of international trade, its implication for trade policies and the impact on growth and job creation. ICC’s session during the 2012 WTO Public Forum focused on policy issues for the World Trade Agenda initiative 2013 Programme of Action | 12 ICC special projects and groups ICC special projects are intended to complement commission work by increasing the outreach of policy products developed by commissions. Business Action for Responsible Marketing and Advertising (BARMA) Mandate To facilitate the spread of self-regulation and reinforce its effectiveness through two avenues — promoting greater application and reach of ICC’s internationally-agreed codes for advertising and marketing practice, and providing training resources to foster better understanding of code compliance. Projects for 2013 Identify and seize opportunities to increase awareness of the Consolidated ICC Code of Advertising and Marketing Practice and to encourage adoption where local codes are updated or new self-regulatory mechanisms are established based on ICC’s globally-recognized best practice standards. romote use of the recently revised ICC/INSEAD module in university marketing programmes around P the world. dapt the BARMA educational module into training seminar material for industry professionals and A policymakers and develop a marketing plan to rollout use in target markets. ontinue to support promotion efforts of the revised Consolidated ICC Code and ICC’s C CodesCentre.com resources. Business Action to Stop Counterfeiting and Piracy (BASCAP) Mandate To raise public awareness of the economic and social harm of counterfeiting and piracy and to encourage governmental efforts to combat them. Projects for 2013 P repare and publish country reports on the value of intellectual property, the economic and social risks from counterfeiting and piracy and country-specific recommendations for India, Russia and Kenya. Illustrate the positive relationship between strong IP rights enforcement and attracting Foreign Direct Investment, concentrating on Kenya as a model. Develop recommendations to stem the abuse of Free Trade Zones by counterfeiters. O utline the roles and responsibilities of supply chain intermediaries in the fight against counterfeiting and piracy. uggest ways of using the proceeds of crime legislation by governments as a tool to leverage IPR S enforcement. aunch the BASCAP “I Buy Real, Fakes Cost More” campaign in all 27 countries of the European Union, L as well as countries in Africa, Asia, North and South America. o-host the Seventh Global Congress on Combating Counterfeiting and Piracy to be held in April in C Istanbul, Turkey. www.iccwbo.org 2013 Programme of Action | 13 Business Action to Support the Information Society (BASIS) Mandate To promote global business priorities on the range of Internet governance and information and communications technologies (ICTs) issues that contribute to economic and social development, in forums established by the UN World Summit on the Information Society (WSIS) and preserve the multistakeholder approach to these issues. Projects for 2013 A ctively contribute to the Internet Governance Forum (IGF) 2013 and its preparatory processes to ensure business views are taken into consideration. Preserve the multistakeholder approach to Internet and ICT issues and business’ role. A dvocate business positions in the WSIS +10 review process, WSIS +10 review events at UNESCO and ITU in February and May, respectively. ontribute business expertise and positions to the UN Commission on Science and Technology C for Development (CSTD), and all WSIS follow up activities in the UN Economic and Social Council (ECOSOC) and UN General Assembly. ighlight the key role of business in innovation and job creation in global discussions and events on H Internet governance and ICTs for development. G20 Advisory Group Mandate To provide a CEO-led platform to raise the visibility of ICC’s policy work and inject world business input into the work of the G20 on an on-going basis. Projects for 2013 Develop and consolidate global business policy views on key elements of the G20 agenda. C onduct a globally inclusive appraisal of business views on G20 priorities, including consultations with businesses worldwide. roduce reports that complement ICC policy work, including the ICC G20 Business Scorecard, the ICC P Open Markets Index and the ICC Global Survey of Business Policy Priorities. Communicate at CEO-level business priorities to G20 leaders, sherpas and ministers. E nsure effective world business input into the work of the G20 leading up to the G20 Summit in Russia in 2013, including working with the Russian government, business associations, World Economic Forum and others to organize the 2013 G20 Business Summit. ICC World Trade Agenda Mandate In partnership with the Qatar Chamber of Commerce and Industry, enable global business leaders to define multilateral trade negotiation priorities and help governments set a trade and investment policy agenda for the 21st century that contributes to economic growth and job creation. Projects for 2013 P repare a set of business priorities through an open and broad-based consultation process with business leaders and experts in ICC’s global network. ost the ICC World Trade Agenda Summit, a high-level gathering of business leaders and policymakers H to present and discuss these priorities, on the first day of the ICC WCF 8th World Chambers Congress. www.iccwbo.org 2013 Programme of Action | 14 Group on Economic Policy (GEP) Mandate To advise ICC and its leadership on global macro-economic issues and their implications for world business. Projects for 2013 P repare ICC recommendations on macro-economic issues, dealing with both short and long-term aspects of the global economic crisis. evelop global business perspectives on financial/economic regulation, economic stabilization, job D creation and open trade and investment. Permanent Representative to the United Nations (UN) Mandate To promote business views at the UN through substantive engagement with UN agencies, departments and programmes and participation in intergovernmental deliberations. Projects for 2013 C oordinate and monitor the Post-2015 UN Development agenda, in particular the UN High Level Panel of Eminent Persons, the Open Working Group on Sustainable Development Goals, and the Post-Rio follow-up. Launch e-newsletter on business and the United Nations. onvey business input through UN Private Sector Steering Committees for the Office of Least C Developed Countries and the Office of Financing for Development. rovide business speakers to UN high-level meetings through engagement with ICC’s International P Secretariat and global network. National committees Strengthening ICC representation across the globe, national committees work closely with the ICC International Secretariat in Paris to bring added value to members and customers. Projects for 2013 S upport national committees in the promotion of ICC products and services, membership development and policy advocacy. Advance the implementation of the Charter between national committees and the ICC World Council. Provide updated practical guidance for national committees. International Centre for ADR Mandate To provide, develop and promote dispute resolution services for the resolution of domestic and international disputes. Projects for 2013 Strengthen the use of the services provided by the ICC International Centre for ADR. Modernize existing procedures and practices to better meet the needs of users. Raise awareness of the ICC International Commercial Mediation Competition worldwide. www.iccwbo.org 2013 Programme of Action | 15 ICC Institute of World Business Law To provide innovative research and training to the legal profession, business executives and academics interested in the development of international business law, and particularly arbitration. Projects for 2013 Reinforce the Institute’s role as a think tank on cutting-edge themes in the field of world business law. Improve international contract-related trainings to make them more relevant to business people needs. Business development Created in 2011, the role of the Business Development department is to develop ICC products and services that will bring increased value to ICC’s network and members worldwide. This will allow greater availability of ICC’s publications, trainings, conferences and online programmes in all regions of the world. ICC’s new website will create a worldwide ICC online network facilitating global interaction under a single ICC umbrella. ICC Training and Conferences Promoting ICC’s expertise to a wider audience, through events such as training seminars and conferences, and raising awareness of ICC rules, services and policy work. Projects for 2013 E xpand and diversify the range of e-learning trainings for a broader geographical dissemination of ICC knowledge and products. stablish an annual programme of conferences on various ICC topics such as for instance international E commercial arbitration, anti-corruption, supply chain financing and trade facilitation. ICC Publications ICC’s publishing arm has a key role in spreading ICC knowledge and work to an ever-increasing audience, and providing essential tools for conducting international business and facilitating cross-border trade and investment. New publications in 2013 2 013 International Standard Banking Practice (ISBP) ICC Uniform Rules for Forfaiting ank Guarantees in International Trade B — 4th edition Collected DOCDEX Decisions: 2009-2012 2013 Annual Review of International Banking Law ICC Guide to Uniform Rules for Forfaiting Bank Payment Obligation (BPO) Rules ICC Guide to BPO Commercial Practice/Trade Policy/Investment D erivative products of Incoterms® 2010 rules (online reference library, Q and A, Apple/Android Apps etc.) Revised ICC Model International Sale Contract G uide to Anti-Corruption: The Ethics and Compliance Handbook N ew edition: Drafting and Negotiating International Commercial Contracts Law and Arbitration Miami e-book: International Arbitration in Latin America Third-party Funding in International Arbitration, Dossier X of the ICC Institute of World Business Law Conservatory and Emergency Measures Interim, in ICC Arbitration, the new Bulletin Supplement Collection of ICC Arbitral Awards 2008-2011 www.iccwbo.org ICC Compilation of UAE Arbitration Case Law 2013 Programme of Action | 16 Communications and media relations To promote ICC, its products, services and policies, in the media and through the ICC website, to strengthen internal communication, and to establish ICC as the voice of world business in the public debate on global economic issues. Projects for 2013 Increase awareness among senior business executives of the value of ICC services to world business. evelop the new ICC website as an essential tool to D communicate more effectively with a broader public. Improve the use of social media to promote ICC, its products and services. everage the opening of ICC regional offices and new L headquarters to raise awareness of ICC. oordinate the production and placement of ICC opinion pieces and letters to leading C international publications. Assist national committees to generate domestic coverage of ICC initiatives by emphasizing their own national priorities and concerns. ork with national committees and international secretariat staff to help ensure compliance with ICC’s W branding and style guidelines World Chambers Federation (WCF) Mandate To be ICC’s global forum for chambers of commerce; facilitating the exchange of best practice, fostering international partnerships between world business and chambers including transnational chambers, and the development of new global products and services for chambers. ATA Carnet A dd Brazil, Kazakhstan, Qatar and Saudi Arabia to the list of countries implementing the ATA Carnet System for the duty and tax free temporary admission of goods. Implement the ATA System in Albania, Georgia and Madagascar, with the appointed national guaranteeing organizations ork with the World Customs Organization (WCO), the European Commission’s Tax and Customs W Union Division (TAXUD) and customs administrations on the governance and financing of the global e-ATA Carnet System and concurrently build a central database of Carnet forms for national guaranteeing organizations. Certificates of Origin A ccredit chambers of commerce for the issuance of certificates of origin (COs) through the international CO certification procedure standards and guidelines and an international CO training programme. pdate the structure and mission of the CO Task Force in line with the objectives of the International CO U Accreditation Chain. Increase the acceptance of electronic COs by customs and the delivery of preferential certificates of origin by competent chambers through partnerships with Customs. www.iccwbo.org 2013 Programme of Action | 17 World Chambers Congress O rganize the 8th World Chambers Congress, 22-25 April 2013, Doha and manage the 2013 World Chambers Competition. ommence preparations with the co-host of the 9th World C Chambers Congress (2015) to be held in the Turin/Torino, Italy. World Chambers Network (WCN) M arket the use of the WCN’s Business Opportunity Service (GBX) to companies and chambers as the global business opportunities platform. nsure that WCN Chamber Directory remains the leading E global listing for chambers elp companies increase trust in their online presence H through the use of WCN Chamber Trust seal programme. Policy and advocacy support Increase chamber awareness of ICC policy issues and tools relevant to their SME constituency and encourage their participation as the voice of the SME community to relevant commissions and projects. ICC Commercial Crime Services (CCS) Mandate To provide business services aimed at fighting all types of commercial crime including maritime piracy, fraud in international trade, insurance fraud, financial instrument fraud, money laundering and product counterfeiting. International Maritime Bureau (IMB) Develop tools for in-depth maritime piracy trend analysis and reporting. E stablish secure online web portal for communications with members and transmission of confidential documents. Provide a service for background checks on counterparties prior to commitment to ship chartering contracts. Financial Investigation Bureau (FIB) Analyse trends in financial fraud techniques based on existing FIB date. Provide a secure member portal for anti-money laundering enquiries. Counterfeiting Intelligence Bureau (CIB) Investigate the counterfeiting and distribution of products through the Internet including links between websites involved. www.iccwbo.org 2013 Programme of Action | 18 The ICC national committee network ICC’s influence around the world is due in large part to its global network of national committees and groups. Located in more than 90 countries, they voice the interests of global business to their national governments, and also provide input to ICC’s policy work. ICC Albania ICC Denmark ICC Kenya ICC Saudi Arabia ICC Algeria ICC Dominican Republic ICC Korea ICC Senegal ICC Argentina ICC Ecuador ICC Kuwait ICC Serbia ICC Australia ICC Egypt ICC Lebanon ICC Austria ICC El Salvador ICC Lithuania ICC Bahrain ICC Estonia ICC Luxembourg ICC Bangladesh ICC Finland ICC Madagascar ICC Belgium ICC France ICC Malaysia ICC Bolivia ICC Georgia ICC Macao ICC Brazil ICC Germany ICC Mexico ICC Sri Lanka ICC Bulgaria ICC Ghana ICC Monaco ICC Sweden ICC Burkina Faso ICC Greece ICC Morocco ICC Switzerland ICC Cameroon ICC Guatemala ICC Netherlands ICC Syria ICC Canada ICC Hong Kong, China ICC New Zealand ICC Thailand ICC Caribbean ICC Hungary ICC Nigeria ICC Chile ICC Iceland ICC Norway ICC China ICC India ICC Pakistan Chinese Taipei Business Council of ICC ICC Indonesia ICC Palestine ICC Panama ICC Colombia ICC Iran (Islamic Republic) ICC Costa Rica ICC Ireland ICC Poland ICC Croatia ICC Israel ICC Portugal ICC Cuba ICC Italy ICC Qatar ICC United States ICC Cyprus ICC Japan ICC Romania ICC Uruguay ICC Czech Republic ICC Jordan ICC Russia ICC Venezuela (dormant) ICC Philippines ICC Singapore ICC Slovakia ICC Slovenia ICC South Africa ICC Spain ICC Togo ICC Tunisia ICC Turkey ICC Ukraine ICC United Arab Emirates ICC United Kingdom In countries where no national committee exists, companies and business associations can join ICC individually by becoming direct members. ICC membership is currently bolstered by direct members in over 30 additional countries. Direct members Democratic Republic of Congo Liberia Myanmar Eritrea Macedonia (Former Yugoslav Rep. of) Oman Ethiopia Malta Gibraltar Mauritania Haiti Mauritius Honduras Moldova Tanzania Bosnia & Herzegovina Iraq Mongolia Uganda Botswana Korea (DPR) Montenegro Vietnam Côte d’Ivoire Latvia Mozambique Afghanistan Andorra Armenia Azerbaijan Belarus Bermuda Peru Sudan Tajikistan Contact details for all ICC offices are available at www.iccwbo.org www.iccwbo.org 2013 Programme of Action | 19 Chairmanship and Secretary General Chairman — Gerard Worms Vice-Chairman — Harold McGraw III Gerard Worms became Chairman of the International Chamber of Commerce on 10 March 2011. He is also Chairman of ICC France, Vice-Chairman of Rothschild Europe and former Chairman and CEO of Suez Group. Mr Worms is a Commander of the French Legion of Honour. Harold McGraw III became Vice-Chairman of the International Chamber of Commerce on 24 January 2011. He is Chairman of the US Council for International Business, Chairman of the US-India Business Council, a member of the President’s Advisory Committee for Trade Policy and Negotiations (ACTPN) and Chairman, President and CEO of The McGraw-Hill Companies. Honorary Chairman — Victor K. Fung Secretary General — Jean-Guy Carrier Victor K. Fung became the Honorary Chairman of the International Chamber of Commerce on 1 July 2010. He is Chairman of the Li & Fung Group of companies, with major subsidiaries in trading, distribution and retailing, including publicly-listed Li & Fung, Trinity, and Convenience Retail Asia. Jean-Guy Carrier became the Secretary General of the International Chamber of Commerce on 24 January 2011. Prior to joining ICC, Mr Carrier held senior positions in business and with international organizations, most notably the World Trade Organization. He is the author of several books and has published numerous articles in national and international media. For full biographical details and information on the ICC Executive Board, please go to www.iccwbo.org www.iccwbo.org 2013 Programme of Action | 20 About the International Chamber of Commerce (ICC) ICC is the world business organization, a representative body that speaks with authority on behalf of enterprises from all sectors in every part of the world. The fundamental mission of ICC is to promote open international trade and investment and help business meet the challenges and opportunities of globalization. Its conviction that trade is a powerful force for peace and prosperity dates from the organization’s origins early in the 20th century. The small group of far-sighted business leaders who founded ICC called themselves “the merchants of peace”. ICC has three main activities: rule setting, dispute resolution, and policy advocacy. Because its member companies and associations are themselves engaged in international business, ICC has unrivalled authority in making rules that govern the conduct of business across borders. Although these rules are voluntary, they are observed in countless thousands of transactions every day and have become part of the fabric of international trade. ICC also provides essential services, foremost among them the ICC International Court of Arbitration, the world’s leading arbitral institution. Another service is the World Chambers Federation, ICC’s worldwide network of chambers of commerce, fostering interaction and exchange of chamber best practice. ICC also offers specialized training and seminars and is an industry-leading publisher of practical and educational reference tools for international business, banking and arbitration. Business leaders and experts drawn from the ICC membership establish the business stance on broad issues of trade and investment policy as well as on relevant technical subjects. These include anti-corruption, banking, the digital economy, marketing ethics, environment and energy, competition policy and intellectual property, among others. ICC works closely with the United Nations, the World Trade Organization and intergovernmental forums including the G20. ICC was founded in 1919. Today its global network comprises over 6 million companies, chambers of commerce and business associations in more than 130 countries. National committees work with ICC members in their countries to address their concerns and convey to their governments the business views formulated by ICC. 38 Cours Albert 1er, 75008 Paris, France Telephone: +33 (0)1 49 53 28 28 Fax: +33 (0)1 49 53 28 59 E-mail: icc@iccwbo.org Website: www.iccwbo.org