NEWSLETTER ICC NL
Q3-2023
CONTENTS PAGE 5
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NEW ICC NL LEADERSHIP
STREAMLINING TRADE WITH DIGITALISATION
With fresh energy and renewed purpose, Laure Jacquier has assumed the helm at ICC NL. Dive into this interview to get acquainted with the new Director General.
Discover the ICC Digital Standard Initiative program and its potential to streamline international trade, making it more cost-effective for all involved. Interview with Gerard Hartsink.
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UNDERSTANDING INTEGRITY WITH BIANCA BERNECKER
THE WEEK OF INTEGRITY 2023
Bianca Bernecker, SBM Offshore's Compliance Officer and Diversity & Inclusion Ambassador, discusses the essence of integrity in the energy transition, global challenges, and offers compliance tips
ICC NL is organising the Week of Integrity, culminating in the 7th International Integrity Conference. Find out why you should attend and take advantage of the exclusive members' discount!
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UPDATE ON THE ICC COMMISSIONS
OVERVIEW OF THE 12 ICC COMMISSIONS
Delve into the latest work of the ICC commissions, both the Netherlands and on a global scale
Explore the twelve ICC commissions to grasp their contributions, and identify where your organization's goals align with ICC's priorities.
New ICC NL leadership
LET’S MEET ICC NL’S NEW DIRECTOR GENERAL: LAURE JACQUIER by Tom Scott
Can you tell us a bit about yourself? I am French and I come from a very multicultural family. After studying law in Marseilles, I moved to the Netherlands. For the last 17 years I have worked for the Damen Shipyards Group, finally in the role of Sustainability Manager. I must say that my first love was international public law and especially human rights; these were the things that made my heart beat faster when I was a law student.
Laure joined the ICC Netherlands team as Director General on 1 September. She combines proven international business experience with a practical and engaging approach. In this (first) interview with our newsletter, we get a chance to find out about what makes Laure tick.
What motivated you to go for the job of Director General at ICC Netherlands? My decision had nothing to do with being unhappy at Damen. It’s more that after working there for 17 years, I wanted to experience something new. My role at Damen allowed me to represent the company at the ICC Commission on Corporate Responsibility & Anti-Corruption. Through this, I discovered the dynamic and promising world of the ICC. I am brimming with ideas, particularly about enhancing the two-way communication between the ICC and its members. Engaging our members more actively in both national and global dialogues is key. The ICC is about making international
What is the job description of the Director General of ICC Netherlands? There are different aspects to this job. From the starting point that the ICC works to make international trade possible, my job is to run the Dutch office of this global organisation. Therefore, a large part of my job is to make sure that we participate in the international conversation about world trade. This involves representing the Dutch network on the international stage, while also informing the Dutch network about what is happening internationally. I don’t need to do all this personally, that’s why we are working with commissions, engaged members who take a leading role here. Another area of the ICC’s work is the International Court of Arbitration, which is a very new area for me. We have a very active commission, and I plan to lean on them to make sure Dutch Arbitrage thrives and that can be achieved with more openness and transparency. How do you gather all the necessary information from Dutch members? The ICC works with commissions and working groups (or task forces). For example, there are 12 different commissions which represent different areas of business; subjects like banking, tax, arbitrage, anti-corruption, and human rights. These commissions share and collect the knowledge about the Dutch position, especially in relation to international developments, and take this to the international commissions that lobby at a more global level. I have to ensure that the commissions are organised, that they discuss relevant topics and that they are meaningful for the participants. The members have to get something out of it.
What global themes mean the most to you? I find all aspects of human rights extremely important; this is not only about modern slavery but also for example equality and nondiscrimination. For me, this is the more social aspect of sustainability. Let me remind you that sustainability is not just about energy transition and CO2; there is a social aspect too – just look at how broad the UN’s 17 sustainable development goals are. It’s about a just transition and making sure that nobody is left behind and this in turn is closely connected to integrity. I have two daughters and I want them to have a chance to enjoy everything. Not to be exposed to discrimination and live in a healthy climate.
And how do you connect these themes to international trade? Integrity is an enabler of international trade. For international trade to happen, there has to be trust on both sides. And trust can only come when both parties work with integrity. The same is true for sustainability, especially its social side. Respecting the workers and environment in your value chain is very important. A lot has changed over the years: decades ago, business had a ‘making money for today’ attitude. Now, however, modern business philosophy has changed to think more about ‘making money for tomorrow’. I would say that focusing on the themes of sustainability, integrity and human rights safeguards future trade.
What are you looking forward to during the first few months of your new job? There are two really big things. The first will be to define a new strategy for ICC Netherlands; one that better connects with our Dutch members. I want to make sure that we have an active role in supporting and representing them with both international stakeholders and towards the Dutch government. I must point out that this is not something that I will be doing alone – this will be a joint effort with all the board members of ICC Netherlands, which includes some big names like Shell, Philips, KPN, KPMG, and ABN AMRO. And the second thing? That would have to be the Week of Integrity, which we are organising for the seventh time, in the first week of December. Once again, it’s not just the ICC that is organising it – there are more than one hundred partners involved. This really shows that businesses and organisations are interested in integrity; it is not just ‘nice words’. We have a very good programme of speakers and workshops during which we want to connect integrity with megatrends such as AI, geopolitics, sustainability, digitalisation, and supply chains. The week is not just for ICC members; in fact a lot of the partners are not ICC members, any company wanting to give more attention to integrity can get involved. And, on a personal level, what do you expect to get out of the job? This job is not without its challenges; generating visibility and demonstrating that ICC NL is listening to, and taking steps with its members. But I see this as the opportunity to grow and learn. If I look at what I have already learned in the short time that I have been here, then I am really looking forward to see what I will learn in my first year.
THE ICC DIGITAL STANDARDS INITIATIVE (DSI) Lack of coherent standards for developers, executives and policymakers.
Platform rulebooks that hinder cross-platform title document exchange and utilisation.
Insufficient standards to simplify blockchain and non-blockchain based integration. Legal uncertainty regarding the acceptance of digital trade documentation.
Unclear requirements for foundational trade standards.
A CONVERSATION WITH GERARD HARTSINK: A CLOSER LOOK AT THE ICC’S DSI by Tom Scott
Can you explain the ICC’s DSI programme in one sentence? The aim of the ICC’s Digital Standards Initiative is to develop a globally harmonized, digitized trade environment.
The common theme in Gerard Hartsink’s long career has been international trade and their payments. Whatever job he has been doing, he says that his work has always been “at the edge of international business processes, standards, and technology”. He has worked for the ICC for over ten years, the previous three of which as Chairman of the Digital Standards Initiative (DSI) Industry Advisory Board. In this interview, he highlights the significance of the DSI programme in streamlining the flow of global trade.
Let’s get into more detail. How will this be accomplished? The DSI programme is focused on two aspects. Firstly, to make sure that the legal rules of administrative law around the world are harmonized. If this is not harmonized globally, then international trade slows down. The UNCITRAL Model Law on Electronic Transferable Records – MLETR – is the relevant piece of legislation. Looking at the MLETR Tracker , you can see which countries have adopted this. The UK, for example, is further down the road than the Netherlands. The second part of the DSI mainly involves the technical data standards of the 40 international (paper) trade documents. These documents include data, but the format of these data is not the same of these documents to send them electronically to the business partners and government agencies such as customs, which is a problem. Moreover, it is in different languages. This is why we are nearly complete with the analysis of all 40 trade documents to get clarity about which data elements they contain. Then we identify the best standard for each data element: standardised data is very important for business-to-business, but also
business-to-government communications. Standardised data is crucial in validating that the counterparty, for which the LEI (Legal Entity Identifier ) is the recommended option, is indeed the counterparty.
What sort of timeline do you expect? It will take at least two years for the Dutch government to ensure that the MLETR is transposed to Dutch law. In addition, companies and their service providers will need to prepare themselves which will take one or two additional years. Therefore, Can you zoom in to the situation here in the awareness is very important; that people Netherlands? understand that this is going on at a global The Netherlands has many exporters and level under the umbrella of the ICC. I must importers dealing with goods and services. also state that it is not just the ICC that is Although the Digital Standards Initiative is sitting around the table; many other mainly for goods, it is not exclusive. A typical Dutch situation is that a lot of goods arriving organisations such as BIMCO, GS1, IPCSA, iSHARE, DCSA and IATA are working on this. at the Port of Rotterdam or Schiphol are Besides awareness, intelligent decisions destined for other countries. If one part of from both the private and public sectors the container is for the Dutch market and the other part is for the rest of Europe, then need to be made. Then we can start to it becomes very complex to understand have a dialogue about adoption. who all the parties in the supply chain are. And, in the end, the data of the trade Is there a relationship between the Digital document related to the goods have to Standards Initiative and sustainability? pass through multiple organisations, and There is definitely a direct link between everyone has to be paid for their services. the Digital Standards Initiative and some From a practical perspective, the fact that all those documents do not have the same of the UN’s 17 sustainable development data is a problem for the exporter, importer goals (SDGs): Industry, Innovation and Infrastructure [SDG #9], and Responsible or their service provider(s) established in or outside the Netherlands. Production and Consumption [SDG #12], for example. What can be done to accelerate the The DSI’s standardised suite of data implementation of the DSI in the facilitates easier communication; it also Netherlands? means that the cost of production, of ICC Netherlands has decided to create the moving goods around the world will ICC NL DSI Forum. This is not only for ICC decrease. If the processes of global trade members, but also key market participants can be carried out in a more efficient way, in the Netherlands that are involved in this will lead to more efficient use of international trade. This Forum has three resources. What is your personal motivation tasks. First: to look at the DSI programme. in working for the ICC’s DSI program? My Second: to listen to the members of the NL history is in international business: I have the DSI Forum to hear their views based on their experience on how to use legal and local industry knowledge. And third: if, in the technical standards to structure technology end, we come to a global agreement, we to facilitate international business will ask participants from the public and processes. Therefore, I am very aware that private sectors to help facilitate the the Dutch economy will benefit over time if adoption process of the ICC we support the ICC’s Digital Standards recommendations. Initiative. My motivation is working for the benefit of society. I have a focus on getting things done: this is what gives me a kick.
Exciting News On The Digital Standards Initiative: English Trade Goes Digital On 20 September 2023: English trade laws changed to incorporate the new Electronic Trade Documents Act. This law recognises commercial trade documents in digital form. “There are no longer any legal requirements to handle commercial trade documents on paper. That includes bills of lading, bills of exchange, promissory notes, warehouse receipts and marine insurance documents,” said ICC United Kingdom Secretary General Chris Southworth on his LinkedIn page. “It is arguably the most significant milestone to date in the journey to bring the whole international trading system into the 21st century. Every company trading under English law worldwide can now remove paper and all the associated pain and red tape that hinders economic growth, especially for SMEs who feel the pain the most.”
Want to learn more about the subjects raised in this interview? You can find more resources in the following documents: The Standards Toolkit for Cross-Border Paperless Trade ICC DSI Trusted Technologies Principles ICC Identity Management Guide (chapter 8 includes details about the Legal Entity Identifier, LEI) The ICC MLETR Tracker, where you can see which countries have adopted this legislation.
MAKING THE RIGHT DECISIONS: UNDERSTANDING INTEGRITY
INTERVIEW WITH BIANCA BERNECKER by Tom Scott
Bianca Bernecker is Group Compliance Officer and Diversity & Inclusion Ambassador at SBM Offshore, the Netherlands-based designer, builder and operator of offshore floating facilities for the offshore energy industry. As SBM Offshore makes the transition from fossil fuels towards cleaner renewable energy solutions, the role of the Compliance team is to ensure that the 7,000+ SBM Offshore employees are aware of, and pay attention to, the company’s moral compass. Something that can be summed up in one word: integrity.
Can you tell us more about your role as SBM Offshore’s Group Compliance Officer and Diversity & Inclusion Ambassador? And how is this connected to the concept of integrity? Our department is responsible for the overarching compliance programme at SBM Offshore. The compliance programme communicates numerous issues such as compliance risk management, Code of Conduct, policies, auditing, and monitoring and speak up. When we talk about integrity, my role is to see how we can empower our people – at all levels within the company – to make the right decisions. Of course, these decisions must be in line with our company values. You mention ‘all levels within a company’. How do you achieve that? With my background in corporate anthropology, I look at the organisation as one system and how we can have different departments, people with different backgrounds, working together in a consistent approach. When people get together to discuss their shared interests, they see what they have in common. It’s all about the type of culture you want to foster within an organisation. In our company, we want to promote a culture where people feel a sense of belonging and feel safe and engaged enough to speak up. Our leaders play a key role to make sure that people feel positive and, in the end, make the right decisions.
SBM operates in many countries all around the world. What are the challenges of expanding the concept of integrity on a global scale? And how do you deal with these? Being compliant across the business is nonnegotiable, but ensuring the expectations are well communicated and understood by everyone in the company requires constant care. Furthermore, the challenges that we face seem to be going faster and faster. Our Code of Conduct sets the global standard in the company to help people understand and accommodate discussions. When we talk about different cultural values and standards, dialogue really is the key to understanding different perspectives. This is also why we engage with our thirdConsidering its role in the global energy party contacts; because multinational industry (moving away from fossil fuels), companies like ours have a responsibility to the term ‘balancing interests’ is extremely monitor how business is being conducted relevant to SBM Offshore. on our behalf, along our entire value chain. What is nice about working for SBM What does the ICC mean to SBM Offshore? Offshore today is that I am working in a SBM Offshore wants to lead responsibly, company that is in transition. We have a meaning that we want to create value for responsibility to provide the world with employees, for society and shareholders. safe, sustainable and affordable energy, And for future generations too. But we but with strong leadership and sense of cannot do this by ourselves. To this end, I purpose, we can be in the driving seat of think that the basis of SBM Offshore’s change. In order to achieve this, we need partnership with the ICC is that we have a to focus on our core values – as well as collective standpoint regarding responsible having an open heart and open mind – business. The ICC provides access to a network – a community of members from demonstrating care. 130 countries – where we learn from each What is the link between ethical business other, contribute to shared initiatives, and and a diverse and inclusive organisation? work smarter, together. Having a diverse and inclusive workplace helps to make better and more responsible decisions. We value diverse opinions and encourage our leaders to take a step back and listen to the people in the team, gathering insights from these different perspectives. Besides ‘making the right decisions’, what is your definition of integrity? At SBM Offshore, we define this as acting professionally and in an ethical, honest, and reliable manner. Transparency, doing the right thing and consistency are essential in the way we behave towards all our stakeholders. I believe it requires having an open mind; about having a curiosity to learn and understand that what you value may not be in the best interests of someone else’s values. Therefore, integrity for me is about respect, balancing interests and continuous learning.
And what is your experience of the ICC’s Week of Integrity? This conference is really about shaping a better future for generations to come. It helps participating organisations navigate through the complex challenges surrounding integrity – while finding solutions together. As part of this year’s conference committee, I want to highlight the value of care in finding solutions to whatever we think is complex. Because, maybe in the end, things will turn out to be less complex if we demonstrate a bit more care.
What is a partner of the week? As a partner, your involvement and advocacy are not merely a testament to your organization's resolve towards a higher ethic, but also a potent catalyst inspiring others to act with integrity. A partner of the week is committed to combat corruption and to actively support the initiative through: Activity Leadership: Organise a captivating activity during Integrity Week (December 1 to 9) aimed at increasing awareness . Communication of Commitment: Champion your commitment to the Week of Integrity by broadcasting your involvement to your network and beyond. Logo Display: Exhibit the Week of Integrity logo prominently during the designated week, symbolizing your organization's robust endorsement of ethical conduct. Engagement in Partner Meetings: Be present in the partner meetings, capitalizing on the opportunity to connect with a network of likeminded experts from various fields including public service, legal, auditing, and governance. ICC NL is the proud initiator of the foundation and here to support its partners. If you want more information, contact us at info@icc.nl.
INTERNATIONAL INTEGRITY CONFERENCE 2023
8 DECEMBER 2023 MADURODAM, THE NETHERLANDS WWW.WEEKOFINTEGRITY.ORG
INTRODUCTION The moral compass: Shared values in a global context In a rapidly globalising world, where diverse cultures, economies, and technologies intersect, there is a growing need to revisit, reaffirm, and recalibrate our collective moral compass. Through solution-oriented dialogues, our aim to find shared solutions. Integrity is not just an abstract principle; it is the bedrock upon which our shared values rest and thrive. As we navigate the nuanced landscapes of Climate Responsibility, Geopolitical Resilience, the Digital Evolution, Economic Dynamics, and Supply Chain Integrity, our commitment to unwavering integrity is what ensures that we do so with a vision that is both sustainable and equitable.
KEY TOPICS Responsible Conduct in a Globalized World Navigating the evolving landscape of international business and geopolitics. The Integrity-Economy Nexus Unravelling the role of ethical leadership in fostering robust international trade amidst challenges. Mastering Ethical Decision-Making A deep dive into anti-corruption efforts, sustainability, and the role of digitalization. Geopolitical Integrity The pivotal role of steadfastness and transparency in a shifting geopolitical landscape. Deep Dive into integrity Participate in workshops that focus intensely on integrity. Delve into ethical dilemmas, strike a balance between power and corporate responsibility, and navigate the intricate intersection of integrity and Artificial Intelligence. Think Differently: Explore and experience innovative paths to integrity through Nature Intelligence, interactive scenarios, storytelling, and amplifying employee voices.
WHY SHOULD YOU ATTEND Expert insights A distinguished assembly of speakers, including Professors and prominent professionals, will provide profound insights into the evolving world of integrity. Deep dive into Ethics Explore pressing dilemmas in the realm of international business and the nuanced complexities of integrity. Global context Understand integrity against the backdrop of geopolitics, international trade, and economic repercussions. Networking opportunities Connect with a curated audience of professionals, academics, and industry leaders dedicated to promoting ethical practices and responsible conduct. Innovative learning experiences Engage in unique workshops that combine experiential activities, interactive scenarios, and captivating storytelling, enhancing your perspective on ethical decision-making. Celebrating integrity Witness the presentation of the Integrity Impact Award, celebrating those who exemplify outstanding ethical leadership in the business world. Collaborative knowledge exchange The conference is more than just lectures; it fosters a vibrant exchange of ideas, recommendations, and best practices among attendees.
9:15
Grand opening Mirjam Bakker Chief Compliance Officer at ABN AMRO Bank N.V. Chair ICC NL Saskia Bruines Wethouder Financiën, Economie en Cultuur Den Haag ICC Global Representative from the COP 28 9:45
Responsible conduct in an evolving world Prof. Dr. Christine Kaufmann Chair at OECD Working Party on Responsible Business Conduct University of Zurich Provides a theoretical backdrop on the international business in today's geopolitical and economic scenario.
10:10
Exploring ethical leadership: a reality check This panel discussion commences with an examination of Integrity, transitioning to its role in international trade. Facilitated and moderated by Jonathan Soeharno, Professor at the University of Amsterdam and Lawyer at De Brauw firm.
Break and Cultural intermezzo
11:20
A master class in Ethical Decision-Making Nicola Bonucci Member of the Board BASEL institute, lawyer, ex deputy director OEDC In this masterclass, we look forward to learning from his hands-on work with anti-corruption. The session will also discuss the need for political bodies to show a strong dedication to fighting corruption.
Break & Multicultural lunch
13:15
Integrity amidst geopolitical shifts and their economic repercussions Dr. Arend Jan Boekestijn Geopoliticus and strategist Arend-Jan Boekestijn elucidates the role of integrity in the current geopolitical and economic milieu. He delves into Europe's myriad challenges, advocating for integrity as the bedrock principle during these tumultuous times. Join us to dissects these intricate issues, championing integrity as our guiding light
14:00
Workshops Delving Deeper into today’s Ethical dilemma
Ethical considerations in the age of AI Helen Graham, Group Chief Privacy Officer, Shell Examine the ethical dimensions of artificial intelligence (AI) and the implications of the new EU Digital Markets and Services directive on businesses.
Power and Corporate Responsibility Daniel Malan Author, professor in business ethics Trinity college Merging rich academic insights with practical expertise, this keynote will provide a blend of business ethics, CSR, and corporate governance insights.
Navigating business ethics in a global landscape Join our panel of experts as they: Dissect ethical dilemmas faced by businesses. Share tried-and-true strategies Delve into the unique challenges multinational corporations encounter Iohann LeFrapper, Chief Ethics Officer, SNCF Sandra Scherm Head of Compliance Siemens Digital Industries Gregory Hatfield Head of Legal Compliance Philips
15:00
Workshops Explore our unconventional methods to gain fresh perspectives on ethics.
Guiding ethical decisions through Nature Intelligence Lie van Schelven This workshop explores the core of 'Nature Intelligence' and its profound influence on ethical and sustainable decision-making. Delve into how embedding Nature Intelligence in our ethical frameworks can transform decisions.
Take the Director's Chair! Daniël Staakman Immerse yourself in a captivating session where actors vividly portray challenging situations and dilemmas. Through improvisation and audience engagement, this workshop promises a blend of learning, entertainment, and invaluable insights.
Storytelling: Making Your Message Resonate De Storytelling Fabric This immersive session dissects the art of effective storytelling, equipping participants with tools and techniques to craft resonant narratives that captivate and inspire. Dive deep, experiment and refine your storytelling prowess.
Empowering Employee Voices: Building an Ethical Organisation Marjo van den Broek Rabobank, Group Financial Crime Compliance Manon de Zwart-van Ham Rabobank, Senior Strategic Communication Advisor The echoes of employees carry immense weight in shaping an ethical corporate culture. This workshop explores the pivotal role of employee feedback in building forward-thinking organisations.
INTEGRITY IMPACT AWARD 2023
16:30
Integrity Impact Award Mayor of Madurodam As our day culminates, we approach a defining moment. The Integrity Impact Award is more than an accolade; it signifies unwavering dedication to the highest echelons of integrity. Join us as we spotlight this year's commendable nominees and announce the deserving recipient.
Conference Book Presentation Our book of essays on the essence of integrity will be presented to a reprentent of the Dutch Government, encapsulating our collective musings on integrity in the global arena.
Drawing together the threads: Reflecting on the day We will present and discuss the insights and innovative strategies gleaned during the conference. Together, we reiterate our unified commitment to elevating integrity in every endeavour.
A toast to Integrity Join us in raising a glass to honor the essence of Integrity. Relish this special moment to connect and share with esteemed peers.
UPDATE FROM THE ICC COMMISSIONS Introduction The ICC, representing over 45 million businesses in nearly 170 countries, is a distinctive bridge connecting private-sector expertise and insights to deliver practical solutions to interconnected challenges. Serving as the key advocate for businesses in intergovernmental platforms like the UN and WTO, we prioritize the needs of local businesses in global policymaking. Our credible, purpose-driven approach to global engagement grants us the ability to forge influential partnerships with policymakers worldwide. The convening power of our global network enables us to set rules and standards that facilitate over $10 trillion dollars in trade each year – as well as providing tailored products and services that directly address the real challenges faced by businesses operating internationally. We also provide the world’s premier private global dispute resolution services, leveraging ICC’s unique independence, integrity, and expertise.
Our policy commissions Our 12 global (11 policy) commissions bring together thousands of leading professionals across different technical disciplines – providing an unparalleled source of global business expertise from which to develop high-impact content and initiatives. While the commissions themselves serve as thematically focused forums, we also deploy crosscutting working groups to blend expertise from different specialist areas – allowing us to create outputs with a genuinely holistic take on real-world challenges. Our commissions deliver value in four principal ways: Keeping members updated on key policy developments and enabling peerexchange on emerging trends Developing common industry positions on major public policy issues Delivering technical input to shape key intergovernmental processes Establishing common rules and self-regulatory standards for cross-border commerce. Dutch ICC members participate in these discussions either directly or through National Committees. If you're interested in joining a discussion on a particular topic, please email info@icc.nl. Note that some policy commissions are currently at full capacity and may not be accepting new members at this time.
Q3 updates on ICC global policy commission activities Upcoming commissions 16 October: Taxation (Geneva/hybrid) 24 – 25 October: Banking (Paris/hybrid) 20 November: Customs and Trade Facilitation (Brussels/hybrid) 6 December: Digital Economy (Geneva/hybrid)
Trade and Investment The first-ever data sharing application – or “API” – for use in guarantee and standard letters of credit transactions has been published. The launch of the new ICC standard has been widely lauded by specialist media outlets as a major advance in the effort to digitalize trade finance transactions. We plan to work closely with member banks in the coming months to enable effective uptake of the API standard across the trade finance market.
Competition The first report on analysing the approach of antitrust enforcement agencies to the digital economy in 19 jurisdictions has been published. The report provides a summary of the key antitrust enforcement trends in the digital economy covering merger control, horizontal and vertical agreements, and abuse of dominance – together with detailed country-level reviews.
Customs and Trade Facilitation Technical comments have been submitted for the World Customs Organization’s ongoing review of the global customs classification system – with a particular focus on (highly concerning) proposals to make greater use of customs processes to achieve environmental policy objectives.
workstreams & special projects Sustainable trade framework New pilots of the ICC Sustainable Trade Framework have been initiated in three sectors – agriculture, energy and transport – involving both banks and relevant corporates. These pilots are essential to allow us to finetune the application of the ICC framework to real-world transactions – ensuring both the robustness and workability of our standardised approach to grading the sustainability of individual trades.
ICC Code on Combatting Corruption Comments have been submitted on the first draft of the revised ICC Code on Combatting Corruption. The updated draft of the revision will be circulated to the NL Anticorruption commission for further review. ICC objective is to issue the new edition of the code on 9 December – World Anti-Corruption Day.
ICC Policy Primer on non-Personal Data The new ICC Policy Primer on non-Personal Data will be released at the end of October. The paper outlines the importance and variety of non-personal data for business and draws attention to policies that constrain its potential value from both an economic and social perspective.
reform of the World Trade Organization ICC is working on an advanced draft for the reform of the World Trade Organization – building on extensive consultations with member companies and key governments over the past few months. The draft will be circulated to members that have express interest.
DUTCH - Self-investigation and self reporting on fraud and corruption. Report on "Meeting on self-investigation and self-reporting by companies on fraud and corruption" On October 11, 2023, the Ministry of Justice and Security (J&V) invited various stakeholders, including ICC NL, to provide input on several policy questions following the WODC (Research and Documentation Centre) report on Self-investigation and Self-reporting (2023) by companies regarding fraud and corruption. The Ministry primarily wanted to understand which aspects of self-investigation and self-reporting, according to those involved in the administration of justice and the business sector, should be regulated. This will serve as input for the further design of the policy and any additional rules on self-investigation and self-reporting. The ICC NL Anti-Corruption Committee, in its preparatory meeting on October 4, advised ICC delegate Bernadette van Leeuwen, interim ICC secretary, that clarity regarding the consequences of reporting and the incentives to report is highly desired. During the meeting with J&V, based on a limited number of general topics, the viewpoints of the various delegates were gauged. All attendees deemed clarity on incentives and consequences of self-reporting necessary. Topics further discussed included: the potential quality requirements for the internal investigation; the concept of independence of the investigation; whether an external investigation should be demanded; the broadening of the scope to include inappropriate behaviour. More extensive discussions with stakeholders on these viewpoints will take place at a later stage. Those discussions will also take into consideration the separation between the investigator and defence; limiting the distribution of reports and personal information provided during self-reporting; the position of (victims and) employees; the requirements for companies' compliance systems; the right to refuse to give evidence; debates about making the transaction public; transferring all data or admitting guilt as a condition for a transaction; and what role the judge should still have concerning the transaction. Representatives of the ministry committed to process the received information from October 11; later this year, the House of Representatives will be informed about the follow-up to the WODC report. The plan is for attendees, including ICC NL, to be given the opportunity in 2024 to further comment on the shaping of the regulation. This topic will be followed up by the Corporate Reporting and anti-corruption commission.
overview of the 12 ICC commissions
Arbitration & Alternative Dispute Resolutions (ADR) Celebrating 100 years of dispute resolution expertise. The Commission on Arbitration and ADR is ICC Disputes Resolution Services’ unique think tank. To enable thought leadership in the field of dispute resolution, it pools expertise and raises awareness and understanding on practical and legal issues in arbitration and ADR. Our upcoming newsletter will delve into this commission, highlighting the Netherlands' pivotal role in international arbitration. The ICC Commission on Arbitration and ADR’s latest report and guide will increase awareness of different dispute resolution techniques and on how to facilitate settlement of disputes in international arbitration.
Trade and Investment The commission on Trade and Investment is committed to advancing and refining the global trade and investment landscape. It actively participates in shaping discussions related to the reform of the World Trade Organization (WTO) system. An important advocacy point is to persuade governments to permanently prohibit the imposition of customs duties on data transfers. The commission provides vital business perspectives to steer the WTO e-commerce negotiations towards a high-standard resolution. Furthermore, it takes a prominent role in global dialogues, promoting potential trade policy changes that can expedite the adoption and expansion of circular economy principles.
Anti-Corruption and Corporate Responsibility The commission aims to modernize and streamline commercial law and practices. It seeks to provide businesses with practical tools for efficient implementation of ICC Incoterms® rules globally, update the ICC's collection of model contracts to reflect evolving business requirements, and advocate for the update of legal structures to accommodate and promote the digital transformation of cross-border trade processes.
Banking (Trade, Supply Chain and Export Finance) The commission is focused on enhancing and modernizing the banking sector, particularly in the areas of trade, supply chain, and export finance. Its primary objectives are to establish the ICC Trade Register as the premier resource for market insights on trade finance products; ensure fair capital treatment for trade finance assets amidst evolving legislation; promote the digitalization of trade finance processes, including the adoption of standardized APIs; offer current guidance on risk and financial crime within trade finance transactions; update protocols related to letter-of-credit transactions; and provide clarity on the implementation of ICC banking rules through comprehensive opinions and technical briefings.
Commercial Law and Practice The commission aims to modernize and streamline commercial law and practices. It seeks to provide businesses with practical tools for efficient implementation of ICC Incoterms® rules globally, update the ICC's collection of model contracts to reflect evolving business requirements, and advocate for the update of legal structures to accommodate and promote the digital transformation of cross-border trade processes.
Competition The commission is focused on evolving competition policies to align with contemporary challenges and business needs. Its primary goals are to reform antitrust policies to facilitate vital industry collaboration in addressing global climate and sustainability objectives, specifically in Europe, North America, and LatAm. The commission also seeks to harmonize national merger control procedures, offering businesses more clarity and consistency in international operations. Moreover, it aims to guide companies through the intricate policy landscapes associated with foreign subsidies.
Customs and Trade Facilitation Focus on enhancing customs and trade facilitation processes on a global scale. Its main objectives include offering valuable insights into pivotal World Customs Organization initiatives, especially concerning valuation and product classifications. It also aspires to be at the forefront of discussions on contemporary challenges faced by national customs agencies, with a focus on digital transformation and the circular economy. The commission promotes the enhancement of 'trusted trader' programs by suggesting modifications to pertinent WCO standards.
Environment and Energy The commission on Environment and Energy is committed to infusing business expertise into pivotal environmental and energyrelated global discussions. With an eye on the upcoming COP28, it seeks to contribute valuable insights from the business world to the UNFCCC negotiations. It also aims to craft guidance for policymakers on enhancing the efficacy of carbon pricing mechanisms, specifically addressing concerns of linkage, pricing, and allocation of proceeds. Addressing the pressing global issue of plastics pollution, the commission offers business perspectives to aid in the creation of an impactful international treaty. Additionally, the commission is in the process of piloting and refining the ICC Sustainable Trade Framework, underscoring its dedication to sustainable practices in international trade.
Digital Economy
The commission aims to pioneer advancements in the digital economy with a particular emphasis on cybersecurity. The commission is also committed to offering vital business perspectives to shape the ongoing UN cybersecurity discussions. In addition, it advocates for a global alignment with the OECD's principles concerning trusted government access to private sector-held personal data. Lastly, the commission seeks to guide the creation of international policy frameworks that promote the seamless and trustworthy flow of data, drawing on practical industry methodologies.
Intellectual Property The commission on Intellectual Property is centred on shaping and guiding the evolution of IP policy frameworks to address contemporary challenges and opportunities. It aims to offer insights on potential policy measures to counteract the rising concerns over abusive third-party financing of IP lawsuits. Additionally, the commission provides input into UN discussions to finetune existing legal structures that govern the nexus between scientific research, innovation, and biodiversity conservation. It is also committed to facilitating the deployment of resources that assist small businesses in maximizing the benefits from their IP holdings. Overall, the commission underscores the significance of fostering policy environments conducive to innovation.
Marketing and Advertising The commission on Marketing and Advertising seeks to modernize and reinforce the standards and practices within the advertising industry. Its primary focus is on revising the ICC Marketing and Advertising Code to ensure it remains relevant and adaptive to contemporary challenges. The commission emphasizes the enduring importance of self-regulation in marketing and advertising, particularly in areas of increasing significance like diversity and the adoption of novel technologies. Moreover, it advocates for the widespread acceptance and application of established ICC frameworks and guidelines, such as the ICC Framework for Responsible Environmental Marketing Communications, with the aim of instilling trust in corporate claims related to sustainability.
Taxation The commission on Taxation is dedicated to shaping coherent and effective global tax policies that cater to contemporary business and societal needs. Key objectives include offering essential business perspectives to shape international tax reforms, particularly within the OECD's inclusive framework and the anticipated new UN convention, with a strong emphasis on tax certainty and global coordination. The commission ardently champions the creation and implementation of comprehensive mechanisms to prevent and resolve tax disputes. Additionally, in response to evolving work dynamics postpandemic, the commission spearheads discussions on suitable tax frameworks for cross-border teleworkers. A crucial focus is also to guide businesses in understanding and navigating the intersections of tax policies with environmental objectives and the broader landscape reporting.
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