International Chamber of Commerce The world business organization

International Chamber of Commerce 38, Cours Albert 1er, 75008 Paris, France Telephone +33 1 49 53 28 28 Fax +33 1 49 53 28 59 Website www.iccwbo.org E-mail icc@iccwbo.org

2007

Programme

of Action

i

ICC’s strategic priorities

The fundamental mission of ICC is to promote trade and investment across frontiers and help business corporations and governments meet the challenges and opportunities presented by globalization. All ICC’s activities are directed to that major end.

ICC derives a unique legitimacy at the global level not only from its presence in 130 countries, among firms of all sizes and in all sectors, but from its unswerving advocacy of open international trade and investment and the market economy system for almost 90 years. That policy stance has made an enormously effective contribution towards the healthy expansion of business and the improvement of living standards across large parts of the world.

But ICC has never just limited itself to policy advocacy, waiting upon governments to solve problems. Our world-renowned commercial arbitration service is a form of private justice. Drawing on the expertise and experience of its worldwide membership, ICC has over time developed a large array of voluntary rules, guidelines, and codes - sometimes referred to as ‘trade tools’ - which facilitate business across borders and help spread best practice among companies. A prominent example is ICC’s universally-accepted rules on the use of documentary credits, an updated version of which will come into force in mid-2007. The historic rules-writing function of ICC - some of it technical and low-profile - provides an invaluable service to business across the globe.

A further big asset of ICC is its privileged consultative status with major intergovernmental organizations and its long experience in voicing the views of business to influence intergovernmental negotiations. Over recent decades, the world has become increasingly interdependent. National governments, even in rich and powerful countries, are clearly unable to resolve alone such global challenges as climate change.

The way ahead must lie in increased multilateral cooperation among countries in intergovernmental fora, and it must be a major priority of ICC to promote that development. ICC is well positioned to take full advantage of its close ties with intergovernmental organizations, and its unique ability to build policy consensuses within the global business community, to ensure that the business voice is heard loud and clear where it will increasingly count.

The fight for an open world economy and the market system is never won, as can be seen from the suspension of the Doha Round trade negotiations in 2006 and the pronounced hostility to globalization in many quarters. Each generation has to learn the old lessons. As it has done throughout its history, ICC will remain a steadfast rallying point for those who believe, like ICC’s founders, that strengthening commercial ties among nations is good for business, good for world living standards, and good for peace.

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These are the strategic priorities of ICC. The Programme of Action for 2007 presents the projects undertaken by ICC’s various departments as a contribution towards our strategic goals. Once again, the projects planned for our policy commissions are presented in three “clusters”:

• Rules-writing for business;

• Trade, investment and globalization;

• Business in society issues.

This categorization is intended to show how the numerous individual projects of ICC’s policy commissions, many of them of a technical nature, contribute to ICC’s overall goals and priorities. That commission work will be complemented as required by Special Projects enjoying supplementary funding. Following Business Action to Stop Counterfeiting and Piracy (BASCAP), a second Special Project has recently been created called Business Action to Support the Information Society (BASIS).

The suspension of the Doha Round in July 2006 was a grave setback to multilateral trade liberalization and sent an encouraging signal to the ever-present forces of protectionism across the world. Without a doubt, ICC’s principal challenge for 2007 will be to continue to take a lead to revive the round, defend the multilateral trading system, and fight protectionism in all its forms.

Finally, it is not enough to elaborate good arguments. They have to be delivered effectively to target audiences if they are to influence decision-making. A particular goal over the medium-term is to strengthen ICC’s outreach through the world’s media. Moreover, while ICC’s thorough consultation of its global membership lends special authority and legitimacy to its views, we will continue to refine our procedures to ensure that ICC can respond swiftly to urgent circumstances in a rapidly-moving world.

Guy Sebban Secretary General

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Commercial Law and Practice

Mandate To promote a balanced self-regulatory and regulatory legal framework for international B2B transactions by setting global business standards, and by providing a business viewpoint on commercial rules being developed by intergovernmental organizations.

Projects for 2007

• Develop ICC Model International Mergers and Acquisitions Contract (Asset Purchase Agreement).

• Develop ICC Model Trademark Licensing Contract.

• Develop ICC Technology Transfer Model Contract.

• Influence vital international public procurement projects, including revisions to the WTO Government Procurement Agreement, the UNICTRAL Model Law on Procurement, and the EU’s Public Procurement Remedies Directives.

• Influence key international jurisdiction and applicable law initiatives, including Rome I and Rome II, to ensure they reflect the views of business.

• Identify elements of Incoterms 2000 that might benefit from clarification.

Arbitration

Mandate As a forum for pooling ideas on issues relating to international arbitration and other forms of dispute resolution, the Commission aims to: - promote on a worldwide scale the settlement of

international business disputes by means of ICC arbitration, mediation, expertise, dispute boards and other forms of ADR;

- study the juridical aspects of arbitration and other modes of settlement of disputes of an international commercial nature;

- examine ICC dispute resolution services in view of current developments, including new technologies.

Projects for 2007

• Identify ways to reduce time and costs in international arbitration.

• Study the role of arbitral tribunals when acting as “amiables compositeurs”.

• Study the impact of criminal law on arbitration proceedings, e.g., jurisdictional, procedural and substantive problems that may arise.

• Develop explanatory notes for the use of experts in the conduct of expertise proceedings.

• Study and identify specific issues related to trusts and arbitration.

Banking Technique and Practice

Mandate To serve as the global forum and rule-making body for the international trade finance community.

Projects for 2007

• Conduct a series of conferences and seminars explaining the new UCP 600.

• Publish a Commentary, explaining changes in the UCP, to coincide with the implementation of the new rules.

• Complete a revision of the ISBP (International Standard Banking Practice for the Examination of Documents under Documentary Credits).

• Begin work on revising the Uniform Rules for Demand Guarantees.

• Consider proposals for a Commission role on issues involving forfaiting and factoring.

Marketing and Advertising

Mandate To promote high ethical standards in marketing by business self-regulation through ICC international marketing codes, and to elaborate world business views on government initiatives affecting marketing and consumer protection.

Projects for 2007

• Promote the new ICC Consolidated Code on Advertising and Marketing Communication Practice.

• Streamline the entire collection of other ICC codes on advertising and marketing (Food and Beverage Framework, ICC/ESOMAR Code, Direct Selling Code).

• Finalize an ICC “roadmap for self-regulation” to highlight the benefits of self-regulation and to identify appropriate roles for business, governments and stakeholders in tackling emerging issues.

• Feed business views into the work of ISO on projects related to consumer issues in marketing and advertising and to self-regulatory codes.

• Explore a possible Commission role in product placement.

POLICY AND BUSINESS PRACTICES

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Trade, investment and globalizationTrade, investment and globalizationTrade, investment and globalizationTrade, investment and globalization

Competition

Mandate To ensure that modern business needs are taken into account when competition laws and policies are formulated by governments.

Projects for 2007

• Act as the business voice in the International Competition Network and help formulate its recommendations on competition policy implementation, cartels and mergers.

• Provide guidance on reform of EU rules on abuse of dominance, vertical and conglomerate mergers, and enforcement by private parties.

• Provide views on proposals to accelerate judicial review of merger cases in the EU.

• Continue to provide input to the anti-trust modernization reforms in the US.

Customs and Trade Regulations

Mandate To encourage the reduction of barriers to cross-border trade related to customs policies and procedures.

Projects for 2007

• Continue to lead world business input into multilateral negotiations with respect to trade facilitation.

• Advise governments on the enhancement of supply chain security in a manner that does not create significant new barriers to trade.

• Strengthen ICC’s leadership role in customs modernization and the simplification of trade procedures, in close collaboration with the World Customs Organization, the World Bank, and other bodies.

• Advocate governmental ratification and implementation of the Revised Kyoto Convention.

• Coordinate with WCF on certificate of origin practices.

Financial Services and Insurance

Mandate To promote liberalization of financial services and insurance, and to contribute to the elaboration of sound self-regulatory and supervisory frameworks.

Projects for 2007

• Ensure that ICC policy statements on the liberalization of trade in financial services and insurance have an impact on resumed Doha Round negotiations, particularly with reference to emerging markets.

• Develop business recommendations to enhance the stability, efficiency and growth of capital markets.

• Promote business views on financial reporting and advocate the harmonization of financial regulations.

• Enhance ICC’s work on promoting sound corporate governance by holding corporate governance roundtables around the world.

• Examine the issue of long-tail liability risks.

Intellectual Property

Mandate To promote a balanced, efficient and sustainable system for the protection of intellectual property.

Projects for 2007

• Raise awareness of the potential contribution of intellectual property protection to development and provide input to WIPO discussions on this issue.

• Contribute business views to discussions in the Convention on Biological Diversity, WTO and WIPO on the intellectual property issues relating to the protection of traditional knowledge and access and benefit sharing with respect to genetic resources.

• Contribute to international discussions on outstanding and possible new TRIPS issues.

• Explore partnerships with intergovernmental organizations to promote use of the intellectual property system through ICC’s network of chambers of commerce.

• Support and contribute to ICC’s BASCAP initiative

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Taxation

Mandate To promote an international tax system that eliminates tax obstacles to cross-border trade and investment.

Projects for 2007

• Encourage simplification and reasonable standardization of documentation requirements for transfer pricing.

• Provide business input to OECD’s work on value-added tax on services and intangibles, with BLAC.

• Push for mandatory arbitration by governments in international tax conflicts.

• Prepare a policy statement on withholding taxes.

• Provide input to the new UN committee of experts on international cooperation in tax matters.

• Provide input to the European Commission work on the EU common consolidated tax base.

Trade and Investment Policy

Mandate To break down barriers to international trade and investment so that all countries can benefit from improved living standards through increased trade and investment flows.

Projects for 2007

• Provide the policy content of ICC efforts to bring about a resumption of the Doha Round of WTO trade negotiations.

• Continue to elaborate policy views on major Doha Round issues not dealt with by other ICC commissions and to coordinate input from other commissions, including on trade facilitation and on trade in services.

• Oversee ICC work on the impact on global business of recent manifestations of extraterritoriality.

• Continue to warn governments against the danger of investment protectionism and arbitrary changes in the treatment of foreign investors.

Transport and Logistics

Mandate To promote intermodal transport and competitive, efficient transport markets worldwide.

Projects for 2007

• Work with the Commission on Customs and Trade Regulations to influence new regulations for transport security through the World Customs Organization.

• Participate in UNCITRAL working party sessions to influence the UNCITRAL draft convention on the carriage of goods by sea.

• Advocate the removal of obstacles to open transport markets.

• Work with the ICC Commission on Banking and Practice to improve understanding of the new ICC rules on documentary credits (UCP 600) in the transport community.

• Research date protection with respect to cross-border transport.

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Anti-Corruption

Mandate To encourage self-regulation by business in confronting issues of extortion and bribery, and to provide business input into international initiatives to fight corruption.

Projects for 2007

• Update the Fighting Corruption handbook.

• Strengthen links with the World Bank and other intergovernmental organizations engaged in the fight against corruption.

• Develop ICC recommendations on corporate whistle-blowing schemes.

• Provide business input into the UN Convention against Corruption implementation process.

• Present ICC views to the OECD on private-to-private corruption.

Business in Society

Mandate To define the role of business in the context of globalization and changing societal expectations, and develop world business views on key corporate responsibility issues. Projects for 2007

• Develop an ICC position on supply chain responsibility.

• Continue to track developments and provide world business input in major international initiatives on corporate responsibility including: - the Global Compact - the ISO Working Group on Social Responsibility - the mandate of the UN Special Representative

on business and human rights.

E-Business, IT and Telecoms

Mandate To promote the development of electronic business and the integration of information and communication technologies through policies, standards of practice and guidelines that encourage competition, growth and the secure and free flow of information.

Projects for 2007

• Lead business follow-up to the UN World Summit on the Information Society.

• Develop new policy positions to encourage legal, regulatory and policy environments that facilitate the use of information and communication technologies for economic growth and social development.

• Advocate ICC positions on key international initiatives including the removal of regulatory barriers to the deployment of new technologies, telecoms liberalization, technical coordination of the Internet, and information and network security.

• Submit ICC policy positions, model contracts, and best practices to data protection authorities, the EU Commission and APEC to facilitate the transfer of personal data globally.

• Contribute to ICC’s BASIS initiative.

Environment and Energy

Mandate To develop business positions on major environmental and energy issues, and maintain ICC as the primary representative of business producers and consumers in key intergovernmental negotiations in these areas. Projects for 2007

• Submit business policy positions and achievements on energy efficiency and security, atmospheric pollution and climate change to the 15th session of the UN Commission on Sustainable Development; convene business participation and input, including through the Business Action for Energy (BAE) initiative.

• Elaborate multi-sectoral business policy positions for the intergovernmental negotiations under the UN Framework Convention on Climate Change, and lead the business delegation at the 13th Conference of the Parties.

• Develop ICC policy positions on climate change-related issues looking towards the post-Kyoto era.

• Continue work on liability and redress issues with

respect to damage to environmental biodiversity.

• Continue work on the Building a Sustainable Future initiative to highlight business solutions through technological innovation and management systems for cleaner development.

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Special projectSpecial projectSpecial projectSpecial projectssss

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 it.

Tasks for 2007

• Maintain a global information clearing-house to connect and leverage other significant efforts to fight counterfeiting and piracy.

• Provide on a regular basis current information on counterfeiting and piracy incidents, corporate brand protection strategies, and government initiatives to combat counterfeiting and piracy across sectors and geographies.

• Survey and benchmark international business community perceptions of problems and progress in the fight against counterfeiting and piracy.

• Compile case studies on the harm done by counterfeiting and piracy.

• Ensure the voice of business is incorporated into all major international initiatives addressing this issue.

• Develop new materials and methods to influence governments to take effective measures against counterfeiting and piracy.

• Coordinate with activities of the Commission Intellectual Property.

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Corporate Economists Advisory Group (CEAG)

Mandate To analyze major international economic issues and advise the ICC Chairmanship. Projects for 2007

• Contribute economic analysis to ICC’s ongoing policy work on globalization and other topical international economic issues from a world business perspective.

• Develop means to increase the public visibility of CEAG’s analytical work.

• Provide input into ICC's statement to the 2007 G8 Summit (Heiligendamm, Germany).

Business Action to Support the Information Society (BASIS)

Mandate To represent the views of global business on critical information society issues, notably Internet governance and information and communications technologies (ICTs) to spur development.

Tasks for 2007

• Advocate business positions and coordinate presence at the Internet Governance Forum (IGF) in Brazil and all preparatory processes.

• Represent business interests at follow-up and implementation consultations for the World Summit on the Information Society (WSIS).

• Contribute business input to the WSIS action lines activities.

• Promote an enabling environment for investment in ICTs and entrepreneurship in the Global Alliance for ICTs for Development (GAID) and other related global forums.

• Develop outreach programmes to advocate ICC positions on Internet governance and ICT-related policy issues drawing on the work of the Commission on E-Business, IT, and Telecoms.

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ICC DISPUTE RESOLUTION SERVICES

• Further the use of ICC dispute resolution services, and especially the pre-arbitral referee procedure, arbitration, expertise, dispute boards and ADR.

• Promote the use of Netcase – a secure and dedicated intranet for the conduct of ICC arbitration proceedings in an online environment.

• Expand the scope of information provided on ICC dispute resolution services through publications and the internet.

• Strengthen the promotion of ICC dispute resolution services worldwide.

ICC Events

Objective

• To promote and bring the ICC’s expertise to a wider audience through the organization of events such as seminars and conferences helping to make the international economic community aware of the ICC’s main policy issues and tools.

Projects for 2007

• Work with Policy and Business Practices, the Court, WCF and the Institute to create events which promote and provide training on their activities and key products, notably (in 2007) international commercial arbitration, BASCAP and UCP 600.

• Develop the visibility of ICC Events as a training centre in a competitive market, and increase the eligibility of ICC Events for continuing legal education (CLE) credits worldwide.

• Reinforce links with the international economic community, notably by developing sponsorship and partnerships with professional organizations and specialised institutions.

ICC INSTITUTE OF WORLD BUSINESS LAW

Objective

• To fulfil its role as a think tank through research, training, and diffusing information to the legal profession, executives and academics concerned with the development of international business law, and particularly arbitration.

Projects for 2007

• Reinforce partnerships with professional organizations.

• Build stronger ties with national committees through the co-organization of the successful Institute PIDA training programmes.

• Reinforce links with the academic world by promoting the Institute Prize, designed to recognize excellent legal writing in the field of international commercial law, including arbitration.

ICC Publications

Banking

• ICC Uniform Customs and Practice for Documentary Credits, 2007 Revision (UCP 600)

• Commentary to UCP 600

• International Standby Banking Practice, 2nd Edition

• Documentary Credit Insight

Commercial Practice/Trade Policy/Investment

• Guide to Drafting and Negotiating International Commercial Contracts

• Resolving Intellectual Property Disputes, 2nd Edition

• Extraterritorial Application of National Laws, 2nd Edition

• Fighting Corruption, 2nd Edition

• Model Contract for Trademark Licensing

• ICC Legal Handbook for Global Sourcing Contracts

• Model Contract for Technology Transfer

• Mergers and Acquisitions Contract, Part II

Law and Arbitration

• ICC Book on ADR: Amicable Dispute Resolution

• ICC Arbitration, 3rd Edition

• ICC International Court of Arbitration Bulletin

• ICC International Court of Arbitration Bulletin Special Supplement

ICC SERVICES

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NATIONAL COMMITTEES

Mandate To ensure that ICC represents business everywhere in the world.

Projects for 2007

• Ensure the implementation of the Charter on the mutual performance, rights and obligations of each national committee and the World Council.

• Promote the spread of best practices among national committees through the forum of the Permanent Heads.

• Support national committees in all their activities, such as preparation of events, marketing materials, membership recruitment, and policy advocacy towards governments.

• Enhance regional cooperation among national committees by organizing more regional meetings.

COMMUNICATIONS

Mandate To promote ICC, its products and its policies in the media and establish ICC as the advocate of world business in the public debate on global economic issues.

Projects for 2007

• Increase awareness among senior business executives of the vital services that ICC provides to world business, and especially through its rules-writing function.

• Target CEOs in ICC’s growing media outreach campaign.

• Develop ICC’s website as the most effective way of communicating with the media and public and disseminating news releases and articles.

• Maintain the flow of by-lined ICC opinion pieces and letters to leading international publications.

• Increase the use of television exposure to showcase ICC activities to international viewers.

• Assist national committees to develop domestic coverage of ICC issues by emphasizing their own national priorities and concerns.

• Produce marketing materials for use by national committees, members and secretariat staff in support of a range of ICC activities.

WORLD CHAMBERS FEDERATION (WCF)

Mandate To provide the global forum focusing on the exchange of best practice and experiences amongst chambers, the building of personal relationships, and exploring the development of new products/services to support chambers at a local level.

World Chambers Congress

• Organize the 5th World Chambers Congress, 4-6 July 2007, Istanbul, Turkey.

• Manage the 2007 World Chambers Competition.

• Commence preparations with the co-host of the 6th World Chambers Congress (2009), to be held in Kuala Lumpur.

Chamber activities and services

• Develop information and training to support chambers in the delivery of certificate of origin services.

• Develop joint programmes with and between transnational chamber groups.

• Explore opportunities with funding agencies and partners on capacity-building programmes for chambers.

• Market and expand the range of practical guides and materials available for chamber personnel.

World Chambers Network (WCN) • Expand awareness and development of the

ChamberTrust programme into new regions/countries.

ATA CARNET

• Administer the ATA Carnet system worldwide in partnership with the World Customs Organization (WCO)

• Ensure the smooth functioning of the ATA international guarantee chain in member countries, and especially newcomers.

• Increase the number of countries offering ATA Carnet facilities by persuading local business to convince their government to accede to the WCO Istanbul Convention, especially in Latin America and South East Asia.

• Provide assistance, guidance and training to chambers running the ATA system and to those adhering to the international Carnet network in new ATA member countries.

• Promote the use of information technology for the daily management of the ATA system by national guaranteeing/issuing organizations.

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ICC COMMERCIAL CRIME SERVICES (CCS)

Mandate: To provide services aimed at preventing fraud and malpractice.

International Maritime Bureau (IMB)

• Develop a mechanism to better disseminate piracy information using mapping software.

• Develop a model for the exchange of fraud information for liner companies.

• Launch an online risk management application for shipowners and charterers.

Counterfeiting Intelligence Bureau (CIB)

• Develop online economic assessment reports on counterfeiting in different countries.

• Devise educational programmes to alert customers to the damage caused by counterfeiting and piracy.

Financial Investigation Bureau (FIB)

• Develop an online member forum for the prompt exchange of information relating to suspicious financial transactions.

• Develop a database for financial institutions on companies involved in counterfeiting and other frauds.

International Chamber of Commerce The world business organization 38, Cours Albert 1er, 75008 – Paris, France Telephone +33 1 49 53 28 28 Fax +33 1 49 53 28 59 Website www.iccwbo.org E-mail icc@iccwbo.org

The International Chamber of Commerce

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 trade and investment across frontiers and help business corporations 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 last century. The small group of far-sighted business leaders who founded ICC called themselves “the merchants of peace”. 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. Within a year of the creation of the United Nations, ICC was granted consultative status at the highest level with the UN and its specialized agencies. 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 vital technical and sectoral subjects. These include financial services, information technologies, telecommunications, marketing ethics, the environment, transportation, competition law and intellectual property, among others. ICC was founded in 1919. Today it groups thousands of member companies and associations from over 130 countries. National committees work with their members to address the concerns of business in their countries and convey to their governments the business views formulated by ICC.