9th US-ASEAN Business Council and ASEAN Economic Ministers - DOC by sofiaie


									  9th US-ASEAN Business Council and
ASEAN Economic Ministers Consultation

           August 27, 2008


             Issues Paper

      US-ASEAN Business Council recommendations for the ASEAN Economic Ministers

The US-ASEAN Business Council recognizes and applauds the significant progress ASEAN has
made in implementing plans for the integration of the ASEAN economies. The Council and its
member companies have strongly supported ASEAN‟s integration efforts as we believe that an
integrated ASEAN provides the economy of scale and efficiencies that investors require to commit
significant funds. However, as multinational companies see even greater opportunities in other
markets, especially China and India, we urge ASEAN to accelerate the integration process in order to
make it more attractive to foreign investors.

The Council places great value in our annual consultation with the ASEAN Economic Ministers. We
have tried in these consultations to focus particularly on how the Council can support ASEAN
initiatives, and to candidly share ideas about approaching challenges to progress together, so as to
benefit both ASEAN and U.S. investors. The more efficient, unified and free a market ASEAN can
become, the more American companies can invest. And in turn, this means jobs, economic
development, and education in ASEAN and close ties between our countries.

The Council represents many of America's leading companies, such as AIG, APCO Worldwide,
Cargill, Ford, GlaxoSmithKline, GE, Intel, Johnson & Johnson, Novartis, Philip Morris International,
UPS, United Technologies Corporation and White & Case. These companies are not only significant
investors, but also important contributors to technology transfer, education, community development,
and civil society wherever they work in ASEAN. Our annual consultation is an essential part of our
effort to unlock potential investment and trade with ASEAN represented by our member companies.

The following are the issues and recommendation that the Council would like to discuss during the
AEM-USABC Consultation:

Issue: Predictability and stability of the business operating environment
The Council believes that more could be done to further advance such process particularly relating to
procedural rules and regulations for ASEAN trade dispute settlements so as to give business
operators a clearly defined dispute settlement framework. A set of clearly defined procedural rules
and regulations are pre-conditions to achieving predictability and stability of the business environment
that is critical to successful operation. Unfortunately the current operating environment does not
provide such conditions that could potentially undermine the benefits of the ASEAN trade

Operating in an environment without a clear regulatory and procedural framework, increases business
risk which would increase the cost of doing business and discourage investment. The Council
believes that such issue could be addressed by creating an official ASEAN Dispute Settlement Body
which would have the authority to issue binding rulings to resolve disputes between members in
accordance with a clear set of procedural rules and regulations.

The creation of such a body and the formalization of procedural rules and regulations would enhance
business confidence in the operating environment. The benefits are mutual for the ASEAN member
as each member would be able to quickly address and solve conflicts while enhancing the confidence
of business operators knowing that a credible forum exists to protect business from discriminatory
conduct. Additionally we believe that such a forum would increase the credibility and the international
standing of ASEAN.

The Council would welcome the opportunity to put forward suggestions or work closely with the
administrations of the ASEAN members towards the implementation of such solutions.

Issue: Postal Legislation
Many ASEAN countries are in the midst of reviewing and revising their postal laws, in particular:
Cambodia, Indonesia, Malaysia, Thailand and Vietnam. The Express Delivery Services (EDS)
industry applauds and supports the respective governments‟ efforts to improve their postal service.
However, the industry is concerned that the postal legislation being considered tends to group
express delivery and other competitive value-added delivery services with basic postal services as a
„postal service‟ and would regulate EDS in a manner wholly inappropriate for a competitive business

EDS firms are not in direct competition with national administrations in the provision of postal
services, but rather provide premium, value-added services that enhance economic efficiency and
increase consumer choice. Express Delivery Services companies provide our customers with a
value-added service and offer, among other things, proof of delivery, tracking, tracing, packaging,
deferred payment, risk management, cash on delivery, customs management, provision of technology
solutions, customized transportation solutions, and warehousing. Express delivery services should be
offered in a competitive market, which help ensure that consumers obtain the best service at the
lowest possible price.

A Postal bill should contain the following:

    -   A distinct definition and recognition of the differences between express delivery and basic
        postal services.
    -   A definition of the scope of the Postal Monopoly, ideally to be a combination of weight and
        price, that ensures the basic universal service obligation without unduly impeding beneficial
    -   The formation of an independent regulator to ensure a fair and competitive playing field; and
    -   Continued liberalization of the market to allow for wholly-foreign owned enterprises in the
        express delivery services sector.

To date, foreign express companies have had only limited opportunities to comment on many of these
draft postal bills and we believe that we could be a great resource to the governments regarding
information on global best practices and policies that would promote the healthy development of
ASEAN‟s express delivery business.

The EDS industry urges greater transparency from ASEAN countries in regards to their policy and
legislative process. The private sector, including foreign players, should be given time to assess the
impact of a particular bill on business and to provide timely feedback to the governments. The EDS
industry would welcome the opportunity to have further discussions with ASEAN governments on the
development of their postal legislation in order to formulate sustainable policies that would be
mutually beneficial for both the countries and business.

Issue: Logistics (ASEAN Priority Sector)
ASEAN in 2006 designated the logistics sector as the 12th priority sector for facilitating economic
growth and has recommended that accelerated liberalization for this sector be undertaken. Vietnam
has agreed to be the Chairman for this priority sector and members have agreed to try and achieve
integration in this sector by 2013.

Postal vs. Logistics
The EDS industry believes that the current United Nation's Commercial Product Code (UNCPC)
system does not adequately address the nature of the business provided. Although, the current
classification CPC 7512 (courier services) should be included in the scope of the logistics roadmap,
CPC 7512 does not take into account the delivery of documents and goods across multiple modes of
transport and across supply chains. We therefore urge ASEAN members to consider recognizing
“express delivery services” as a separate and distinct classification as has been acknowledged by
Vietnam (in its WTO accession agreement) and Singapore (in the Singapore-US FTA).

In particular, we recommend ASEAN adopt the following as the model definition of Express Delivery

“Express delivery services means the expedited collection, transport and delivery of documents,
printed matter, parcels and/or other goods, while tracking the location of, and maintaining control
over, such items throughout the supply of the services. Express delivery services may also include
collection from an address designated by the sender; release upon signature; guarantee of delivery
within a specified time; use of electronic and/or other advanced technologies; and ability of the sender
to confirm delivery. Express delivery services do not include air transport services and services
supplied in the exercise of government authority as covered by an air services agreement.”

By using this definition, ASEAN members will recognize that Express Delivery Services are distinct
from “postal services” and would not be defined as such.

Market Access
To capture the economic benefits of logistics integration, the integration of the logistics services
sector must go hand in hand with liberalization of the market. For example, to promote greater
efficiency and competition, it is important that logistics services providers are given the freedom to
choose the form of establishment that makes most business sense. In most cases, this would mean
allowing the establishment of wholly owned foreign entities. Permitting 100% equity ownership for
their core freight forwarding functions and auxiliary services is a priority for U.S. logistics service

In the ASEAN region, only Singapore, Brunei, Cambodia, and Myanmar allow the establishment of
wholly owned foreign entities. The Philippines and Indonesia have restrictions on domestic freight
forwarding. Thailand, Malaysia, and Vietnam all have equity limits. However, Vietnam has committed
to allowing 100% foreign equity ownership in 2011 for express delivery services and 2014 for services
auxiliary to all modes of transport (CPC 7411).

As „Logistics services‟ is a very general and loosely-defined term, any restrictions instituted would
deal a very broad stroke against foreign investments across a large number of sectors. Therefore,
any law being drafted and debated that would affect logistics providers, such as customs regulations
as well as amendments to existing legislation such as postal laws, should be provided to all logistics
providers at the earliest possible time for comment. The members of the industry are most familiar
with its working, and decision makers having access to their expertise will ensure that the law as
issued will be in the greatest public interest. These drafts would be issued for general comment, and
not just to the domestic industry, at the earliest time possible.

In addition, any decisions issued or licenses granted should also be published so that all members of
the industry have equal access to information and that a level playing field exists for all competitors.

To promote predictability and transparency, we hope that all laws and regulations particular to the
logistics industry will be published and notified.           We support enhanced cooperation and
communication between ASEAN governments and the business sector, including opportunities to
comment on draft legislation affecting the industry. We encourage the establishment of a notification
point, enquiry point, and website for this purpose. In addition, we encourage the formation of a formal
mechanism for regular dialogue between regulators, customs administrations, and other controlling
agencies with the private sector.

Trade Facilitation
The ASEAN Customs Administrations have been working on a regional “single window” (ASW)
concept to synchronize and standardize Customs formalities and documentation in order to facilitate
trade in the ASEAN region. The ASW model is based on the premise of linking all 10 National Single
Windows (NSW) and then linking them together with Customs, other government agencies (OGA),
Banking & Insurance, the Transport Industry and the Trading Community. The result is that there will
be a single point for submission and processing of data and information, and a single decision-making
point for Customs release and clearance.

The EDS industry fully supports this initiative. Notwithstanding that ASW implementation will bring
many benefits including streamlined processes and reduced trade costs, there are several issues for
the Express Industry. These include:

       No provision for consolidated manifest clearance for low value goods and deminimis;
       Standardization of de minimis (there is concern if there is to be an ASEAN threshold that is
        lower than the existing levels in some countries);
       Standardization of pre-clearance procedures, including time window for submission and
        response from Customs; and
       Concerns over systems capacity as electronic transactions can be expected to be
        voluminous, especially from CAPEC members.

The growth of competing markets in the Asia-Pacific region is both an opportunity and challenge for
ASEAN. These opportunities may be captured through the effective integration of ASEAN businesses
into global supply chains, and capitalizing on strong intra-ASEAN and intra-regional trade.
Liberalizing the environment for EDS will boost that effort.

Issue: Food and Agriculture sector
Investment restrictions in the Farm and Agriculture Sectors
In many ASEAN countries, foreign investors are prohibited to invest in certain sectors or there are
limits to the size and scope of their investments. For ASEAN countries to receive foreign investment
dollars, size and scale of the investment are important. Companies like Cargill are looking to serve
the country where an investment sits, but also use that investment as a platform to export. Being able
to develop an investment that has the size and scale necessary to serve both markets is essential for
an investment to be realized.

In addition, restrictions that limit the size of an agriculture investment based on the amount of land
that can be developed present an obstacle. Size and scale are necessary requirements to run
efficient plantations and farms. If foreign investors are restricted in the size of their investment, it may
not be economical to proceed with an investment.

Local equity ownership requirements
Requiring a local equity partner for foreign investors presents a disincentive for investment. The
foreign investor should have the flexibility to have a wholly owned enterprise. The investor can make
the economic decision if they need a local partner or not.

Local equity ownership requirements present difficulties on several fronts. Finding an appropriate
partner with the available funds is a difficult task. Not being able to find a local equity partner can
stop or end a planned investment. In addition, as is often the case, if the foreign investor wants to
increase the capacity or size of a facility, the local partner typically does not have the capital to fund
their share of the expansion.

Lowering or eliminating customs duties on food
As we have all seen in the past few months, there has been an increase in prices of food commodities
around the world. This is global issue with many causes. One way governments can help lower food
prices is to lower or eliminate import duties on food, especially foods that are not grown domestically.

Stop export bans and export duties
One of the major causes of recent increases in food prices is the export bans countries implemented
to keep their domestic prices down. These bans exacerbate higher food prices in two ways. First,
bans reduce global supplies, which drives prices up.

Second, since the most effective way to solve the issue of food inflation is to increase supply by
growing more of the right crops, banning exports sends farmers the wrong signal and will result in the
wrong crops being produced and the wrong signal on production increases. When farmers get higher
prices for their crops, they grow more. By limiting their access to export markets, they receive lower
prices and they have no incentive or additional capital to grow a larger crop next season.

Export duties also contribute to higher prices into the importing markets.

Issue: Promoting Competitiveness, Business Growth and Prosperity

1. Communications & Broadband Policy
Intel promotes communications policies that encourage the deployment of wireless and wired
broadband services so that consumers and businesses can reap the benefits of new information
Increased broadband deployment will benefit consumers and businesses in society at large. Intel
believes that a revolutionary convergence of the computation and communications industries is
coming. Soon all computers will communicate and all communications devices will compute. Intel
seeks to accelerate that convergence through silicon-based integration.
Rapid improvements in microprocessors are making possible radios that are smarter and more
flexible. In the not too distant future, any device that might benefit from being able to communicate
will likely have a radio (or multiple radios) designed into it. Low-cost, small form factors like ultra-
mobile PCs and mobile Internet devices, such as Intel‟s embedded Wi-Fi/WiMAX combination
solutions for broadband services, will be ubiquitous.
Government communications policies should enable – not impede – this broadband revolution.
Improvements in spectrum management and broadband access could significantly promote
technical innovation, foster competition, and benefit consumers worldwide.
Key Issues
   Market-Based Spectrum Policies. To make affordable and high-quality global broadband
    deployment a reality, Intel supports widespread adoption of market-based spectrum policies
    which allow carriers and manufacturers to make market-driven agreements to deploy WiMAX and
    other efficient new technologies.
   Global Harmonization of Spectrum. Intel advocates global harmonization of spectrum allocations
    for new services on a technology-neutral and market-based basis, as well as the clearing of
    underutilized spectrum for new, more valuable services.
   Broadband Investment and Competition. Intel supports policies that promote investment and
    competition in broadband marketplace, such as those that foster advanced network deployment
    and facilities-based competition and create a minimal regulatory environment for VoIP and other
    IP-enabled services.
   Universal Service/Access for Broadband. In order to help bridge the “digital divide,” Intel promotes
    policies that expand the allocation of universal service/access funds beyond basic telephony to
    include broadband access, especially in remote regions where broadband access has thus far
    been cost-prohibitive.

2. Trade and Competitiveness Policy

Intel supports laws and policies that facilitate general commerce between countries and allow
competition              and                   innovation            to              flourish.

Movement of people, products, equipment and ideas across international borders quickly and cost-
effectively is critical to commerce, but trade is not just a border issue. National legal systems that are
transparent, predictable, non-discriminatory, protect the competitive process (not the competitors),
and rely on good regulatory practices to minimize non-tariff barriers also foster fair and open trade as
well as competitiveness and innovation. Open markets enable the dissemination of technology at the
lowest cost possible, help to bridge the digital divide, and thus benefit consumers and economies
immensely. To achieve these objectives, Intel works proactively to support the development of sound
national laws and policies as well as free trade agreements.

The benefits of trade agreements and open markets operating in line with WTO rules are clear and
convincing. Some studies have shown, for example, a significant increase in exports and related job
growth between FTA countries vis-à-vis non-FTA countries. Other studies have shown that weak

intellectual property systems not up to par with WTO standards impair trade and retard both local
innovation and foreign direct investment.
Key Issues:
   Tariff Elimination. The significant benefits of the WTO Information Technology Agreement (ITA)
    should be secured by maintaining duty free treatment of listed IT products, expanding that list to
    other information technology products not yet included, and increasing ITA signatories.
   Government Procurement. The WTO Agreement on Government Procurement (GPA) ensures
    transparency and non-discrimination in national and some sub-national government procurement
    activities so that competition flourishes and governments get the best products at the lowest cost.
    GPA signatories should be expanded to include at least all of the BRIC countries.
   Intellectual Property Protection. WTO members should ensure that their intellectual property (IP)
    laws comply, at a minimum, with the requirements of the WTO Agreement on Trade Related
    Aspects of Intellectual Property (TRIPS Agreement). This WTO Agreement ensures basic and
    consistent IP protections that all innovators and investors need to succeed internationally.

Issue: Healthcare
The innovative pharmaceutical industry looks to ASEAN countries as possible sites for investment for
the development of advanced treatments. A number of countries (Singapore, Malaysia, Thailand)
already have targeted the cultivation of innovative industries, including biotechnology, as a key
economic development goal. ASEAN‟s economic integration goals make the region an attractive
potential site for investment in a range of areas in the medical innovation value chain. At last year‟s
ASEAN Economic Ministerial, the industry proposed working with ASEAN as a group and with
interested individual member countries to develop a road map or checklist for achieving the optimal
regulatory and policy environment to support the introduction, development and uptake of medical
innovations in the region. Innovators are concerned that this initiative has yet to be established as part
of the ASEAN work program. In the meantime, there has been a proliferation of trade and investment
regulations and policy proposals that are having, or may have, serious consequences for the
availability of life-saving medicines for ASEAN patients.

In trade and economic terms, we expect that the road map would include:
       An examination of the unintended consequences of trade and investment regulations on the
          ability of industry to provide life-saving treatments to patients in ASEAN countries. This
          would include an examination of investment policies and behind-the-border policies that
          affect the availability of innovative products, including registration and distribution
          restrictions, and local content requirements on advertising, among others.

         Steps towards accelerated regulatory harmonization – currently regulatory capacity
          disparities among ASEAN countries are not closing sufficiently to achieve ASEAN‟s
          regulatory harmonization goals. We would propose helping to narrow those gaps through a
          series of regulatory harmonization workshops with industry experts.

         Measures to protect the intellectual property (IP) of the innovators – again, the degree to
          which innovations are recognized in the patent system of ASEAN economies is uneven. We
          would propose a discussion with experts on the role of IP in the innovation value chain.

         Measures to ensure the safety and efficacy of medicines in the market – both in terms of
          regulatory capacity, and combating counterfeit drugs. We propose a series of ASEAN wide
          anti-counterfeiting training courses and a discussion of the regulatory and policy
          requirements that would prevent the consumption of counterfeits.

         Proposals for addressing existing tariff and non-tariff barriers to innovative medicines and
          their ingredients.

Other issues covered in the road map could include scientific and technical capabilities, infrastructure
capacity, health system resource allocation (including for clinical trials), availability of appropriate
partners, education and community outreach.

The industry recommends that ASEAN Economic Ministers instruct their officials to convene a
dialogue with the innovative bio-pharmaceutical industry in the fall to develop a road map, which
includes capacity building, for enhancing the development and uptake of innovative medicines in the
region. The working group would report to Ministers with its findings at the next ASEAN Economic
Ministers meeting in 2009. We suggest that the group focus on unintended consequences of trade
and investment regulations on the availability of life-saving medicines and on harmonization of
regulatory requirements for pharmaceutical products as a matter of priority.

Unintended Consequences of Trade and Investment Regulations
Certain trade and investment policies implemented by non-health agencies can have unintended
negative consequences on the innovative industry and patients. For example, certain restrictions on
wholesaling and distribution of innovative drugs prevent pharmaceutical innovators from monitoring
adverse events, including therapeutic failure. This pharma covigilance is a critical element of ensuring
the safety and efficacy of drugs without which the innovator cannot assure the safe storage and
handling of drugs. These same policies can also lead to leakage in the supply chain system,
including counterfeits.

Other examples of trade and investment policies that have had unintended consequences in the area
include tariffs on Active Pharmaceutical Ingredients (APIs) or the finished drug, which increase health
care costs and delays, as well as inappropriate restrictions in the drug approval process that prevent
the timely availability of life saving treatments to patients.

ASEAN Harmonization of Regulatory Requirements for Pharmaceutical Products
The ASEAN Consultative Committee on Standards and Quality and its Pharmaceutical Products
Working Group (ACCSQ PPWG) is to be congratulated on the official launch of the ASEAN Common
Technical Dossier (ACTD) and related requirements on 1 January 2009. This marks a significant step
forward for ASEAN toward achieving the goals of regulatory harmonization by optimizing the use of
regulatory resources in ASEAN in order to enhance access to innovative medicines for its people.
However, significant challenges remain.

    1. Common Technical Dossier.
    Although ASEAN has agreed on a common dossier format in the ACTD, it differs from the
    International Conference on Harmonization of Technical Requirements for Registration of
    Pharmaceuticals for Human Use (ICH) CTD format adopted by many other countries (all of
    Europe, the United States, Japan, Canada, Australia, New Zealand, South Korea). This means
    companies will need to continue to reformat their dossiers before submitting to ASEAN countries.
    It also means that it will not be so easy for ASEAN regulators to exchange information on product
    reviews with their counterparts in those countries using the ICH CTD format.

    2. Certificate of Pharmaceutical Product.
    All ASEAN member countries require the submission of a Certificate of Pharmaceutical Product
    (CPP) from the country of manufacture of the product before accepting the dossier for review.
    Member country evaluators then spend significant time and resource performing their own review
    – a process that is replicated across the 10 ASEAN nations.

    Because it takes 12 months or more for the source country (often a European country or the
    United States in the case of innovative new medicines) to conduct its review and an additional two
    months before a CPP is issued, the product dossier cannot be provided to ASEAN countries until
    about a year-and-a-half after it is ready for submission. It then takes an additional 12 months or
    so for ASEAN regulators to review the file. This amounts to more than a one-year delay for
    ASEAN patients to gain access to new life-saving medicines compared to patients in United
    States or Europe. It also involves a waste of valuable resources among the ten ASEAN regulatory
    agencies as each must conduct an independent review of the very same dossiers already
    approved by the US FDA or European EMEA.

There are several options that ASEAN could pursue. A Pan-ASEAN review and approval system is
one potential option. Such a system would reduce the need for duplicative reviews, which add little to

public health and safety while at the same time draining tremendous resources from each agency. As
a first step, cooperation between smaller groups of countries, such as joint reviews between say
Malaysia and Singapore, or Mutual Recognition Agreements between specific member countries
could help to pave the way toward an ASEAN-wide approval system.

Consideration should also be given toward how to better utilize the reviews and approvals from well-
resourced agencies like the EMEA, US FDA, Australian TGA and Health Canada. ASEAN could
consider granting rapid approval to products thoroughly reviewed and approved by these agencies
without duplicating the entire review. Such a system is used by Singapore in its Verification Route
approval process, granting approval within 90 days to products approved by two of these reference

ASEAN Pharmaceutical Research Industries Association (APRIA) is committed to working closely
with the ACCSQ PPWG to achieve harmonization of regulatory requirements across ASEAN, and to
make fast access to new innovative medicines a reality for ASEAN patients.

Issue: Medical Device harmonization
ASEAN made important progress in ensuring the people of ASEAN have access to safe and effective
medical devices. The approval of the Common Submission Dossier Template (CSDT) format
throughout ASEAN was an important step in improving access to medical devices. However, despite
the approval of the CSDT, the imposition of type testing in a single member country undermines the
benefits of the CSDT. Further, additional requirements by individual jurisdictions for certain product
types undermine the goal of a single market approach. This slows, or even eliminates, access to life-
saving products for the people of ASEAN. In addition, it increases the cost of medical care in all

All ASEAN countries should agree that all medical devices should be classified according to the
Global Harmonization Task Force (GHTF) Medical Device (MD) Classification of 4 levels of device
risk, regardless of previous national legislated requirements for medical devices in each country.
This means, any and every product must have the same set of requirements in each and every
ASEAN country with no exceptions. Otherwise there will always be inconsistencies in requirements.
In addition, there needs to be a channel for industry feedback to ASEAN on specific issues that may
arise, in which countries are deviating from the agreed ASEAN harmonization goals as stipulated in
the soon-to-be-released ASEAN MD Directive. In relation to this, if industry feedback is not included
in the ASEAN harmonization process, an explanation for this would be most helpful in order to keep
the process open and transparent.

Industry looks forward to working with ASEAN to present best practices in medical device regulation
from around the world.

Issue: Regional Pandemic Preparedness
Pandemic influenza is widely regarded as a potential global health emergency. Countering this threat
effectively requires clear, robust and coordinated international, national and local strategies. These
strategies should be holistic, combining education, non-medical and medical interventions, and other
preventive mechanisms.

If they are used immediately at the onset of a pandemic, vaccines are considered to be the single
most important medical intervention for reducing morbidity and mortality during an influenza
pandemic. They should, therefore, be a key part of any response strategy. Scientific progress has led
to the development of vaccines that give the potential for broader protection and allow a strategy of
pre-pandemic stockpile and proactive use before or at onset of a pandemic. Various governments in
Europe, the United States, Japan and Australia have begun maintaining stockpiles of pre-pandemic
H5N1 antigen and vaccine to cover at least priority groups, such as healthcare workers, public safety
workers, and essential service providers, in addition to their antiviral stockpiles. WHO also
announced plans to set up a global pre-pandemic H5N1 vaccine stockpile of 150 million doses in
June 2007.

Since experts seem to agree that ASEAN could be the epicenter of a pandemic, it is important that
ASEAN members are able to secure access to pre-pandemic and pandemic influenza vaccine for
their citizens to complement the antiviral supplies and other protective equipment that currently make
up the regional and national stockpiles. The most appropriate and effective organization to lead this
task would be the ASEAN Secretariat, working in collaboration with World Health Organization (WHO)
and the Asian Development Bank (ADB).

Impact of the problem

A flu pandemic would put at risk the health of millions and have serious economic consequences for
ASEAN. The outbreak has already damaged poultry production in several countries. A pandemic will
likely slow or halt economic growth in Asia and lead to a significant reduction in trade, particularly of
services. In the long run, potential economic growth will be lower and poverty will increase.

The outbreak of SARS in 2003 showed that even a disease with a relatively small health impact can
have a major economic effect. Globally, SARS is believed to have infected around 8,000 people,
killing 800. Yet, the Asian Development Bank estimates that the economic impact of SARS was
US$18 billion in East Asia or 0.6% of GDP (ADB 2003).

A flu pandemic could be substantially more damaging in both human and economic terms. The World
Health Organization (WHO) estimates 2-7 million people could die (WHO 2005), while other estimates
are much higher, exceeding 100 million deaths (Osterholm 2005).

Even in its early stages, avian flu has already caused significant economic damage. This is primarily
due to the damage to the agricultural sector, particularly poultry production, which also contributes to
loss in trade. A 2005 ADB study of the economic impact of a pandemic estimated the total economic
loss to be up to US$296 billion, or 6.5% of GDP, which would force the global economy into

National governments and international organizations like ASEAN can play a major role in preventing
and mitigating a flu pandemic. The policy responses of governments will help minimize the human
and economic impact of a pandemic.

There are a number of options available to address the needs of ASEAN member countries. An
effective short-term response is to create a stockpile or stockpiles of H5N1 vaccine for use by ASEAN
member countries. This approach can only be implemented before a pandemic is declared by WHO.
It is highly likely that once a pandemic has been declared, there will be worldwide chaos; moreover,
as the minimum time to produce a specific pandemic vaccine is in excess of three months, several
waves of pandemic influenza could occur prior to a pandemic vaccine becoming available.
Stockpiling of pre-pandemic vaccine is a proactive strategy which provides an opportunity to induce a
first layer of protection against pandemic virus before or shortly after a pandemic (due to a H5N1 virus
or one related to H5N1) is declared, while a pandemic vaccine is produced and ready to be delivered.
Additionally, early vaccination is also considered to be effective by reducing the expected rapid
spread of the virus in the human population.

As a consequence, this proactive strategy of stockpiling of pre-pandemic vaccine could potentially
save millions of lives in some of the most vulnerable populations in the world at the outbreak of a
pandemic. Indeed, this approach would benefit all countries.

GSK and the industry are ready to fully support ASEAN on its regional pandemic preparedness plans.

Issue: Adherence to ASEAN Commitments
We commend ASEAN‟s efforts to harmonize standards and regulatory procedures among member
countries. In particular, we applaud ASEAN‟s tremendous effort to realize and implement the ASEAN
Cosmetic Directive (ACD) under the ASEAN Harmonized Cosmetic Regulatory Scheme (AHCRS) by
January 1, 2008. The Council fully supports this effort, which will boost the trade of cosmetic goods
across the region, while preserving the quality and safety of cosmetics for the consumers.

In the same manner, not all member countries have carried out the harmonized ASEAN Cosmetic
Directive (ACD) within the agreed implementation timing. This delay was not anticipated as all
member countries have consistently confirmed their intention to implement the ACD by the agreed
deadline. For example, cosmetic products are still required to be registered instead of product
notification and with registration numbers reflected on the packaging, contrary to the ACD. This is
causing import and export issues.

We recognize that there will always be country-specific challenges to harmonizing standards across
the region. In this instance, the cosmetic industry worked closely with ASEAN countries to identify
gaps and challenges to implementation. A series of capacity building programs funded under the
ASEAN Cooperation programs were conducted in various countries to help address these challenges.
The local cosmetic industry also carried out their own set of activities to help them prepare for the
ACD implementation.

In preparation for the ACD to enter into force, companies made the necessary changes to the way a
product is packed, labeled and marketed, as part of the industry‟s commitment of readiness with the
ASEAN Harmonization implementation. All these changes required significant expenditures.

We urge all ASEAN member countries to implement the ASEAN Cosmetics Directive if they have not
done so according to the agreed deadline. The ACD implementation will benefit all ASEAN countries
in moving towards healthcare integration, ensuring a level playing field, removing technical barriers to
trade and allowing free flow of goods among ASEAN countries and beyond. Regulatory agencies will
be able to leverage and consult each other on common issues based on harmonized standards.
Consumers will also benefit from the higher standards of quality and safety of cosmetics under the
ACD standards. This is the main essence of the ASEAN Harmonization effort.

Issue: Publication of Laws
As ASEAN begins to integrate into one community, and companies adopt regional strategies for their
business plans, it will be even more critical for companies to navigate the regulatory environment
seamlessly. As a start, we encourage all ASEAN Member Countries to publish their laws and
regulations pertaining to all relevant economic matters. Ideally, a single window for the notification of
all laws and trade agreements could be established, with links to member countries‟ domestic sites if

Issue: Private Sector Consultation / Public Notice & Comment
We commend ASEAN for recognizing the business community as an important stakeholder in the
future of the AEC and welcome Secretary General Surin‟s communications plan to “bring the
economic community to the people.”

In this vein, we look forward to additional opportunities for private sector consultation including
consultation with industry. Such opportunities for engagement have been very useful for industry to
share international best practices and for governments to understand how policies work in practice.
We note the very successful consultative process associated with the ASEAN Logistics Roadmap that
companies actively contributed to as a model for working together. To formalize private sector
consultation further, we hope that some form of “notice and comment” mechanism will be introduced
by ASEAN. We also hope that Member Countries will recognize the value of attaining private sector
input in the formulation of their laws affecting business and industry.

Issue: Public Notice and the ASEAN Website
We believe that the ASEAN Secretariat and its website can be enhanced to improve transparency. At
the very least, the website should contain the most up-to-date information regarding normal tariff and
FTA tariff rates for each country within ASEAN as well as detailed information regarding the rules of
origin for trade under preferential arrangements. In addition, a database of customs experts and
customs brokers and/or agents whom ASEAN has recognized to assist importers and exports with
questions regarding new regulations would be quite helpful in eliminating uncertainty regarding
changing trade rules. An enhanced ASEAN website could serve as a clearinghouse for a wealth of

customs information thereby significantly improving transparency and helping companies take
advantage of the ASEAN trade benefits negotiated by ASEAN governments.


                  Kevin Mulvey                                  Alexandre Mossu
           Vice President, Asia-Pacific                 Head of Public Affairs Asia Pacific
                      AIG                                  Novartis International AG

                  Hans Vriens                                      Declan Coyne
              Vice Chairman, Asia                   Director Fiscal Affairs & International Trade
               APCO Worldwide                                            Asia
                                                             Philip Morris Asia Limited

                Bruce Blakeman                                   Steven R. Okun
         Vice President for Public Affairs                Vice President for Public Affairs
             Cargill Asia Pacific Ltd.                                 UPS

                Liam Benham                                      Linda Pham
Vice President - Govt. Affairs, Asia-Pacific and      Manager, Public Affairs – Asia Pacific
                    Africa                                           UPS
            Ford Motor Company

                   Colin Low                                     Kristin Paulson
                   President                               President, South Asia Pacific
                General Electric                   United Technologies International Operations
       Singapore, Philippines & Cambodia

              Christophe Weber                                   Samuel Scoles
 Vice President, Regulatory Affairs Asia Pacific         Regional Director Asia Int'l Trade
           GlaxoSmithKline Pte Ltd.                            White & Case LLP

               Elizabeth Hernandez                                Bill Marmon
      Director, Government & Public Affairs,                     Vice President
                    Asia Pacific                          US - ASEAN Business Council
             GlaxoSmithKline Pte Ltd.

                 Anjan Ghosh                                   Martin Hutagalung
       Regional Director, Corporate Affairs                    Regional Director
                      Intel                                US-ASEAN Business Council

                 Kimmy Coseteng
       Director for Public Policy & Alliance
        Johnson & Johnson Asia Pacific

                                       Kevin C.W. Mulvey
                                         Vice President
                           Government and Corporate Affairs, Asia-Pacific
                                American International Group, Inc.

Mr. Mulvey is based in Hong Kong where he is responsible for AIG‟s government and corporate
affairs throughout Asia-Pacific. He joined AIG in March of 1993. Prior to his current assignment was
based in Washington, DC. While there he was responsible for international trade and investment
policies effecting AIG's operations in 130 countries worldwide, including numerous bilateral trade
negotiations and several multilateral trade negotiations in the GATT and the WTO.

He has been involved in developing several major US trade laws, including the Omnibus Trade and
Tariff Act of 1988, and implementing legislation for US trade agreements with Canada, Chile and
Singapore, and to establish Permanent Normal Trade Relations (PNTR) for China following its
accession to the WTO.

Prior to joining AIG he served as Legislative Assistant to Congressman Richard T. Schulze from
1980-1984. From 1985–1989 he managed legislative strategy at USTR as Deputy Assistant Trade
Representative, and was later Assistant to Director-General Susan Schwab of the U.S. and Foreign
Commercial Service.

He holds an MBA from the Wharton School and a BA from the Pennsylvania State University. He
serves as Vice President of the Board for the American Council of Young Political Leaders (ACYPL),
is a member of the Regional Advisory Board of the US-ASEAN Council and the U.S. government‟s
Industry Trade Advisory Committee on Services and Finance Industries.

About AIG
American International Group, Inc. (AIG) is the world‟s leading US-based international insurance and
financial services organizations, the largest underwriter of commercial and industrial insurance in the
United States, and among the top-ranked U.S. life insurers. Its member companies write a wide
range of general insurance and life insurance products for commercial, institutional and individual
customers through a variety of distribution channels in approximately 130 countries and jurisdictions
throughout the world. AIG‟s global businesses also include financial services, retirement savings and
asset management. AIG‟s financial services businesses include aircraft leasing, financial products,
trading and market making, and consumer finance. AIG has one of the largest retirement savings
businesses in the United States and is a leader in asset management for the individual and
institutional markets, with specialized investment management capabilities in equities, fixed income,
alternative investments and real estate. AIG‟s common stock is listed on the New York Stock
Exchange, as well as the stock exchanges in London, Paris, Switzerland and Tokyo.

                                           Hans W. Vriens
                                         Vice Chairman, Asia
                                          APCO Worldwide

Hans W. Vriens, vice chairman, Asia, APCO Worldwide, moved to Singapore in early 2006 to lead the
firm‟s expansion in Southeast Asia. Before this he served as managing director of the Indonesia
practice. Mr. Vriens came to Jakarta from Hong Kong in early 2000 to establish APCO‟s practice in

A lawyer and former journalist, Mr. Vriens has lived in Asia since 1990. Before joining APCO in April
1998, he worked as a political economist at the Political and Economic Risk Consultancy in Hong
Kong. Before that, he practiced law at Clifford Chance and was the Asia correspondent, based in
Hong Kong, for a leading Dutch financial and economic daily. In 1995, he was elected president of the
Foreign Correspondents‟ Club Hong Kong, then the largest in the world. Mr. Vriens began his career
as a corporate strategist at a Dutch multinational.

He served on the board of the British International School in Jakarta until his move to Singapore. Mr.
Vriens is on the Board of Governors of Eurocham in Singapore. He is a regular commentator on
political affairs in Southeast Asia.

He graduated from law school in civil and constitutional law at Groningen University in the
Netherlands.      During his studies, he was a teaching assistant in parliamentary history and
constitutional law. He was elected president of the Student Union in 1982. Mr. Vriens did post-
graduate studies in Italy at the Bologna Center of the Paul Nitze School of Advanced International
Studies of Johns Hopkins University, and did stints at the Universities of Grenoble in France, and
Krakow                                          in                                         Poland.

About APCO Worldwide

Founded in 1984, APCO Worldwide is an independently owned global communication consultancy
with offices in major cities throughout the Americas, Europe, the Middle East, Africa and Asia. Clients
include corporations, governments, industry associations and nonprofit organizations. Headquartered
in Washington, D.C., APCO includes among its clients seven of the top 10 companies on Fortune‟s
Global 500. Core services include corporate, investor and internal communication; crisis
management; issue management; government relations; litigation communication; media relations;
coalition building; opinion research; market entry; corporate responsibility and online communication.
APCO is a majority women-owned business. For more information, please visit

                                        Bruce W. Blakeman
                             Vice President for Public Affairs, Asia-Pacific

Bruce Blakeman is the Vice President for Public Affairs in the Asia-Pacific region for Cargill. His
responsibilities include managing government relations, public relations, media relations, internal
communications, and corporate social responsibility activities in the Asia-Pacific region. Prior to
joining Cargill in October 2005, Bruce served four years as a Presidential Appointee in the in Bush
Administration. He was first appointed as Deputy Assistant Secretary in the Department of
Commerce where he ran the domestic operations of the U.S. Commercial Service. He was then
asked to serve as the Secretary of Commerce‟s envoy to China stationed in the Beijing Embassy
where he was stationed for two years. Prior to his government service, Bruce was a Senior Vice
President for Wirthlin Worldwide, serving in Washington, DC, Singapore, and Grand Rapids,
Michigan. Wirthlin Worldwide is a global communications & branding strategy consultancy and
political consulting firm headed by President Ronald Reagan‟s chief strategist, Dr. Richard Wirthlin.
Before joining Wirthlin, Bruce was the first foreign political advisor to the Liberal Party of Australia,
based in Canberra for two-and-a-half years. Bruce began his career as a political campaign manager
and consultant. He also has worked for the Republican National Committee, the National Republican
Senatorial Committee and the National Republican Congressional Committee.

About Cargill

Cargill is an international provider of food, agricultural and risk management products and services.
With 149,000 employees in 63 countries, the company is committed to using its knowledge and
experience to collaborate with customers to help them succeed. For more information, visit

                                           Liam Benham
                      Vice-President, Asia-Pacific & Africa Governmental Affairs
                                        Ford Motor Company

Is currently Vice-President, Asia-Pacific & Africa Governmental Affairs for Ford Motor Company,
based in Bangkok, Thailand. In this role, he leads Ford‟s relationships with governments across this
diverse Region and provides important strategic advice on Ford‟s growth strategies in the key
emerging markets of Asia and Africa.

His specific areas of focus include trade, taxation, investment and regulatory policies impacting Ford‟s
business in the Region. These include ASEAN markets, India, Australia, New Zealand, South Africa
and Japan. The role involves co-ordinating and managing a team of governmental affairs
professionals across the Region.

Liam has played an active role in US-ASEAN Business Council activities across the ASEAN Region
since 2002 and is a US Delegation member to the APEC Automotive Dialogue. Currently, he is the
Chairman of the Customs Committee of the American Chamber of Commerce in Thailand.

Liam joined Ford Motor Company in May 1997 as Manager, Governmental Affairs for Ford of Britain.
While based in UK, he was responsible for leading governmental strategies on all important policy
areas impacting Ford in its second most important market.

In 1999, Liam was appointed Director, European Union Affairs, Ford of Europe, based in Brussels. As
head of Ford's European Union office, responsibilities included interface with the EU institutions –
Parliament, Commission and Council - and representing Ford in the EU on major issues impacting the
auto industry, before locating to Bangkok in August 2002.

Previous professional experience was gained with the Housebuilders' Federation (a UK trade
association) and as a policy advisor to several British Government Ministers and Members of

In 1997, Liam was a Parliamentary Candidate in the British General Election.

Liam holds a Degree in Politics from the University of Bristol, in the UK.

About Ford Motor Company

The Ford Motor Company‟s ASEAN Operations covers the company's vehicle manufacturing and
distribution in five markets within the South East Asian region that comprises Thailand, Malaysia,
Vietnam, Indonesia and the Philippines.

The President for the Ford ASEAN Operations is Mr. John Parker, with the office headquartered in
Bangkok, Thailand.

Ford‟s commitment to the ASEAN market is evident in its long-term investments totaling more than
USD850 million over the last five years.

All of its four manufacturing facilities in ASEAN meet ISO 9000 and ISO 14001 certifications. Ford‟s
biggest manufacturing facility in the region, AutoAlliance Thailand, is recognized as the country‟s
second largest vehicle exporter, and exports to over 130 global markets including Asia-Pacific,
Europe, and other markets outside of North America.

ASEAN Assembly Plants
 AutoAlliance (Thailand) Co., Ltd. - Rayong, Thailand
 Ford Malaysia Sdn. Bhd. - Shah Alam, Selangor, Malaysia
 Ford Motor Company Philippines, Inc. - Santa Rosa, Laguna, Philippines
 Hai Duong Assembly, Ford Vietnam, Ltd. - Hai Duong, Vietnam

                                              Colin Low
                                           General Electric
                                  Singapore, Philippines & Cambodia
                              Regional Executive – GE Growth Initiatives
                                          South East Asia

Colin was the President for GE in Singapore, Philippines and Vietnam since August 2005. On
October 15, 2007, Cambodia replaced Vietnam in his territorial responsibilities. At the same time, he
was tasked with an expanded portfolio to head the growth initiative for Southeast Asia including
Enterprise Solutions. As President, GE, Colin is responsible for developing company-to-country
strategies in these countries and commercial growth initiatives in support of the new GE structure.
Prior to this appointment, Colin was the Managing Director and General Manager for South East Asia,
GE Aviation - Aircraft Engines. During his term at Aircraft Engines, Colin created the winning strategy
for Singapore Airlines (SIA) recent purchase of the GE90-115B engines to power its new fleet of 32
Boeing 777-300 extended range aircraft. The win at SIA has global significance in that it establishes a
long-term commercial relationship with a world-class airline. These wins enabled GE to have
significant market presence and position the company well for growth in the region.

In September 2005, Colin was appointed Director for GE Pacific Pte. Ltd., the holding company for
GE‟s multiple investments in Asia that has a 2007 annual turnover of over US$485 million. He is
concurrent Director for GE Real Estate Asia which invests in the commercial property arena. Colin is
also the Vice-Chairman for the US Asean Business Council – Singapore that promotes businesses
between the US and the Asean Region. On April 10, 2008, Colin was appointed to the Board of
Governors on The American Chamber of Commerce in Singapore (AmCham) which provides
advocacy and information for AmCham members in Singapore and the region.

Colin joined GE Aircraft Engines in 1999 as Director, Marketing & Sales, South Asia Pacific region
and was responsible for the sales of new commercial aircraft engines, as well as GE Engine Services
comprehensive repair and overhaul businesses.

Colin started his career in financial management at the Executive Office of the Governor of Illinois,
James Thompson (Republican), in 1987 as a Budget & Program Analyst. He received his MBA
degree from Southern Illinois University at Carbondale in 1987. He also graduated with B.Sc
(Honors) - Management and B.Sc (Honors) - Marketing in 1985. Colin‟s career assignments included
Corporate Planning, Mergers and Acquisitions, Business Development, Marketing and Program
Management for Risk Revenue Share Partnerships and Strategic Alliances in the aerospace industry.

About GE

GE is Imagination at Work - a diversified technology, media and financial services company focused
on solving some of the world's toughest problems. With products and services ranging from aircraft
engines, power generation, water processing and security technology to medical imaging, business
and consumer financing, media content and industrial products, we serve customers in more than 100
countries and employ more than 327,000 people worldwide.

GE is made up of four businesses, each of which includes a number of units aligned for growth. Our
businesses fuel the global economy and improve people's lives. Our four global research centers
attract the world's best technical minds. With more than 3,000 researchers working toward the next
breakthrough, GE is positioned to continually innovate, invent and reinvent.

GE's financial results highlight our ability to deliver. In 2007, GE generated double-digit earnings and
revenue growth ($173 billion in revenues and $22.5 billion of earnings). Also in 2007, GE generated
$23.3 billion in cash, which has given us flexibility to invest in our businesses, return more than $25.4

billion to shareowners through a dividend increase and stock buyback. Over the past four years, GE's
average earnings growth rate has been 14 percent per year.

GE traces its beginnings to Thomas A. Edison, who established Edison Electric Light Company in
1878. In 1892, a merger of Edison General Electric Company and Thomson-Houston Electric
Company created General Electric Company. GE is the only company listed in the Dow Jones
Industrial Index today that was also included in the original index in 1896.

                                        Christophe Weber
                       Senior Vice President & Regional Director, Asia Pacific

Mr Christophe Weber assumed responsibility for GlaxoSmithKline‟s Asia-Pacific operations on 1 May
2008, based at the company‟s headquarters in Singapore.

Mr Weber had previously served as Chairman and CEO of GlaxoSmithKline France since 2003. Mr
Weber started his career in Australia, working for Rhône Poulenc Rorer Pharmaceuticals. He has
been with GlaxoSmithKline for more than 15 years, first joining SmithKline Beecham France, where
he held increasingly senior positions in marketing and sales management, before moving to London
as Europe Marketing Director, and later as General Manager of the Swiss subsidiary of SmithKline

At the time of the merger in 2001, Mr Weber was appointed Vice-President & Operations Director of
GlaxoSmithKline Pharmaceuticals France Laboratory. In 2002, he became Vice-President,
Competitive Excellence, reporting to JP Garnier, then Chief Executive Officer of GlaxoSmithKline,
based in Philadelphia.

Mr Weber is a Doctor of Pharmacy and holds a Masters degrees in Pharmaceutical Marketing, and
Accounting and Finance, from Lyon University. Mr Weber is married to Beatrice and they have two
children. He is a keen sportsman and enjoys tennis, mountain climbing and windsurfing.

                                       Elizabeth Hernandez
                         Director, Government & Public Affairs, Asia Pacific
                                      GlaxoSmithKline Pte Ltd

Elizabeth Hernandez joined GlaxoSmithKline (GSK) as Director of Government & Public Affairs, Asia
Pacific on 1 September 2005. In this capacity, Elizabeth is responsible for developing and managing
government and public affairs activities to support the business objectives of GSK Pharmaceuticals in
Asia Pacific. She also manages a network of government affairs and communications professionals in
11 countries. Based in Singapore, she reports to Christophe Weber, Senior Vice President and Area
Director, Asia Pacific.

Prior to joining GSK, Elizabeth was Regional Director of the US-ASEAN Business Council, a
Washington, DC based trade association, from 2002 to 2005. In this capacity, Elizabeth was the most
senior representative of the Council in Southeast Asia and worked with US multinational companies in
lobbying ASEAN governments on issues ranging from IPR to free trade agreements.

This was Elizabeth‟s second stint with the US-ASEAN Business Council. From 1990 to 1994,
Elizabeth was Director at the Council's headquarters in Washington, DC, responsible for producing
the Council‟s policy papers, market research and other publications. She moved to Hong Kong in

Elizabeth has over 18 years' professional experience in the US and Asia. In 1996, she co-founded I-
Quest Corporation, a regional technology company in Hong Kong. As Chief Operating Officer,
Elizabeth was responsible for overseeing I-Quest's expansion to 14 countries in Asia-Pacific and
Europe. She previously served as Asia Pacific director for Soble & Associates, a Washington, DC-
based law firm.

A Filipino national, Elizabeth studied in France and Romania during her childhood and received her
B.A in History (cum laude) at the University of the Philippines in 1987, prior to pursuing her graduate
studies in international affairs at the American University's School of International Service in
Washington, DC. She currently lives in Singapore with her husband, Anthony Blass, and three
children, Kathryn, Joslyn and Sawyer.

About GlaxoSmithKline (GSK)

GlaxoSmithKline is one of the world's leading research-based pharmaceutical and healthcare
companies. GSK's mission is to improve the quality of human life by enabling people to do more, feel
better and live longer.

Headquartered in the UK and with operations based in the US, the new company is one of the
industry leaders, with an estimated seven per cent of the world's pharmaceutical market.

GSK also has leadership in four major therapeutic areas - anti-infectives, central nervous system
(CNS), respiratory and gastro-intestinal/metabolic. In addition, it is a leader in the important area of
vaccines and has a growing portfolio of oncology products.

GlaxoSmithKline Asia Pacific

GlaxoSmithKline Asia Pacific represents over 1.7 billion people and comprises 17 countries across
varying stages of economic development, including Korea and Taiwan in Northeast Asia; India and
the South Asian states of Bangladesh, Bhutan, Nepal and Sri Lanka; as well as the members of the
Association of South East Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Laos,
Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

GSK employs over 6,000 people in Asia-Pacific, 80 per cent of which are frontline sales
representatives. The Area is home to 11 fully-fledged GSK operating units and now represents 25 per
cent of GSK International‟s total pharmaceutical sales.

Singapore, where the Asia Pacific Headquarters is situated, houses one of GSK‟s six regional centres
for clinical research worldwide. It also is a key location for discovery research in neurosciences and
degenerative diseases. Singapore also is a globally strategic site for GMS. It is home to one of the
company‟s primary manufacturing facilities, which exports bulk actives to many other parts of the
world. In March 2008, GSK inaugurated a new chemical development pilot plant. Singapore also
hosts one of GSK‟s five regional Biologicals Clinical Research and Development Centres and work in
ongoing on a new vaccine facility.

Community Partnerships
GSK is also committed to being a good corporate citizen and takes seriously its social responsibility to
invest in the communities in which its employees live and work throughout the world. Community
Partnership activities encompass support for healthcare, education, scientific and medical research,
and arts projects around the world – not only with cash donations but also with product donations and
employee involvement.

The company is also involved in a number of major global initiatives to combat health problems in the
developing world, including:
    Access to care for HIV/AIDS and Positive Action
    Elimination of Lymphatic Filariasis
    African Malaria Partnership
    Access to Vaccines

For more information, please visit www.gsk.com.

                                            Anjan Ghosh
                       Regional Director, Corporate Affairs (Asia-Pacific region)

Anjan Ghosh heads Corporate Affairs at Intel, for the Asia Pacific region. He oversees Intel‟s strategic
relationships with key external stakeholder groups, in Government, Academia and Community and
manages the company‟s Public Policy and Corporate reputation programs, with a team spread across
13 countries. Intel‟s initiatives in Education, Environment and Citizenship are key pillars of its
Corporate reputation.

His areas of interest include Corporate Social responsibility, Public policy on ICT for development,
Digital inclusion and Education.

He has held various positions in Governing councils of Industry associations, Chambers of commerce
and University advisory boards. He received the Intel Achievement Award, the highest recognition at

Anjan holds a doctorate in Statistics and is based in Singapore with his wife and daughter.

About Intel
Intel is the world's largest semiconductor chip maker based on revenue. The company develops
advanced digital technology products for the computing and communications industries. Products
include chips, boards, and other semiconductor products that are integral to computers, servers,
consumer electronics and handheld devices, and networking and communications products.

These leading-edge products are designed to work together to deliver a great computing experience
for home, business and the consumer on the go. Intel pushes the boundaries of innovation in order to
make people's lives more exciting, fulfilling, and manageable; to create technology that changes the

                             Kimberly Alice Joanna (Kimmy) Coseteng
                    Director for Public Policy & Alliance Development Asia-Pacific
                                          Johnson & Johnson
                                         January 2007- present

Previous Company Affiliations:

        Pfizer Consumer Healthcare
        Associate Director for Public Policy
        Latin America/Australia-New Zealand/Asia/Japan/Africa-Middle East
        May – December 2006

        Pfizer Inc – Philippines
        Associate Director for Corporate Affairs January 2004 – April 2006
        Manager, Corporate Affairs                      Feb. 2000-Dec 2003

                Government and Consumer Affairs
                Pfizer Pty Ltd (Australia)
                October 2002 – December 2002
        Lexington Public Relations
        Account Manager
        April 1999-February 2000

Educational Background:
       March 2001-               Asian Institute of Management

        August 2001             AIM-Pfizer Business Leadership Program
        June 1994-              Ateneo de Manila University
        March 1998              AB Social Science

Awards and Recognition:
    Recipient of various awards for advertising, communications, and philanthropy programs
           -       2006 Catholic Mass Media Award for Best Branded Television Commercial
                   November 2006

            -         2003 People Power People Award for Leaders for Health, The Benigno Aquino
                      Jr. Foundation, Aug 2003

            -         Grand Anvil Awards, Public Relations Society of the Philippines
                        Tears of Hope, Tears of Health Campaign for Visine Refresh
                        Biyahe Tayo! The Bonamine Travel Advocacy Campaign
                        Read to Lead, a Visine Reading Program,
            -         Gold Quill Awards for Excellence, International Association of Business
                      Communicators, Philippines

                        Tears of Hope, Tears of Health Campaign for Visine Refresh
                        Value of Medicines Corporate Image Campaign
                        Coalition Against Counterfeit Medicines
                        Heroes for Health Awards

About Johnson & Johnson

Johnson & Johnson, through its operating companies, is the world's most comprehensive and broadly
based manufacturer of health care products, as well as a provider of related services, for the
consumer, pharmaceutical, and medical devices and diagnostics markets. There are more than
250 Johnson & Johnson operating companies who employ approximately 121,000 men and women in
57 countries and sell products throughout the world. The Company's international expansion began
in 1919 with the establishment of an affiliate company in Canada. The Johnson & Johnson
headquarters is located in New Brunswick, New Jersey, USA.

The company has been consistently recognized by respected institutions for its corporate reputation,
financial stability, performance, and work policies and environment. Among others, it has been
named as Fortune‟s most admired pharmaceutical company in 2006 and ranked 6 across all
industries. It ranks number 35 in the 2007 Fortune 500 list. In 2007, worldwide sales reached
US$61.1 billion.

Johnson & Johnson ASEAN

Johnson & Johnson offices are established in Singapore, Malaysia, Indonesia, the Philippines and
Thailand, as well as a representative office in Vietnam. J&J consumer products are recognized as the
leading baby care consumer goods provider, helping Asian Mothers with their babies‟ personal care
needs.     Our pharmaceutical products and medical devices have become trusted brands by
healthcare professionals around the region.

Johnson & Johnson also partners with public and private institutions to improve health and the quality
of life of people in the ASEAN region. These partnerships include education and training of midwives
and first time mothers to care for new-born babies, providing helmets for school children in Vietnam,
and providing eye health education for children, among others.

                                       Alexandre Mossu
                  Head of Public Affairs Asia Pacific, Novartis International AG
                                          Swiss, age 40

Alexandre Mossu studied law at the University of Fribourg, Switzerland. He holds a Master of Law
degree and is a licensed attorney-at-law.

After his studies he worked as a junior attorney at Bratschi Emch & Partner in Bern (CH), then as
assistant to Prof. Walter Stoffel at the University of Fribourg (corporate law).

From 1999 to 2004 Alexandre Mossu served as personal advisor to the Swiss Minister of Foreign
Affairs, then Minister of Trade and President, Federal Councillor Joseph Deiss. He was in charge of
political communications, relations with the business community, with parliament and political parties,
and of campaigning (notably referendum campaigns on the Swiss-EU bilateral trade agreement and
on Switzerland‟s accession to the United Nations).

From 2004 to October 2007 he was Head of Public Affairs Switzerland, Novartis International AG,
based at Novartis headquarters in Basel (CH). Main areas of activity were national and local political
relations, management of Swiss political issues, reputation management, and of relations with the
Swiss diplomacy in dealing with Novartis‟ issues outside Switzerland, mainly in Asia, LatAm and
Eastern Europe.

Since November 2007 Alexandre Mossu is heading Public Affairs in the Asia Pacific region, based in
Singapore. Main priorities are Intellectual Property Rights and Trade issues.

Growing up bilingual German/French, he is also fluent in English and Italian, and started learning
Mandarin Chinese in August 2007. He is married to physician Christine and has two children (son
Nicolas, born 2005; daughter Adrienne, born 2007). A former Mountain Ranger Company
Commander (captain), he is now on Army Staff.

About Novartis

Novartis AG provides healthcare solutions that address the evolving needs of patients and societies.

Focused solely on healthcare, Novartis offers a diversified portfolio to best meet these needs:
innovative medicines, cost-saving generic pharmaceuticals, preventive vaccines, diagnostic tools and
consumer health products. Novartis is the only company with leading positions in these areas. In
2007, the Group‟s continuing operations (excluding divestments in 2007) achieved net sales of USD
38.1 billion and net income of USD 6.5 billion. Approximately USD 6.4 billion was invested in R&D
activities throughout the Group. Headquartered in Basel, Switzerland, Novartis Group companies
employ approximately 98,000 full-time associates and operate in over 140 countries around the world.
For more information, please visit http://www.novartis.com.

                                          Declan Coyne
                        Director Fiscal Affairs & International Trade Asia
                                    Philip Morris Asia Limited

Mr. Declan Coyne is based in Hong Kong as Director Fiscal Affairs & International Trade Asia of Philip
Morris Asia Limited.
He has a Masters Degree in Economics and a Bachelor of Arts degree from University College Dublin,

Mr. Coyne joined Philip Morris International in 1995 as an economist based in Switzerland where he
worked in the area of fiscal affairs and international trade for Central and Eastern Europe. He was
transferred to Hong Kong in 2002 and was appointed to his current position in April 2007.

Mr. Coyne is responsible for developing fiscal and trade strategies on tobacco products for the Asia
Pacific region. Prior to joining Philip Morris International, Mr. Coyne worked as an economist with the
Federal Reserve Bank of Australia based in Sydney.

About Philip Morris International

Philip Morris International (PMI), headquartered in New York City, is the leading international tobacco
company, with products sold in over 160 countries. In 2007, it held an estimated 15.6% share of the
international cigarette market outside of the USA and reported revenues net of excise taxes of
US$22.8 billion and operating income of US$8.9 billion.

Philip Morris International was spun off from Altria Group in March 2008.

PMI owns 7 of the top 15 cigarette brands in the world and has a mix of international and local
products, including Marlboro, L&M, Philip Morris, A-Mild, Dji Sam Soe and Virginia Slims. PMI's
brands are produced in more than 50 factories around the world including Malaysia, Indonesia and
the Philippines. Operating only outside the USA, PMI has 68 offices and employs over 75,000 people
of which over 40,000 are in ASEAN countries.

                                           Steven R. Okun
                                    Vice President for Public Affairs
                                           UPS Asia Pacific

Steven R. Okun serves as Vice President for Public Affairs for UPS in the Asia Pacific Region. In this
capacity, Mr. Okun represents UPS before the governments of the region, and focuses on matters
concerning international aviation and trade, as well as on competition matters.

Prior to his posting in Singapore in March 2003, Mr. Okun worked in the Washington, DC office of
UPS. In particular, Mr. Okun coordinated UPS‟ efforts to obtain international aviation rights, including
the successful efforts to obtain an award from the US government for its initial authority to serve
China, as well as its initial authority to connect Hong Kong to UPS‟ hubs in Asia and Europe and to its
operations                                             in                                          India.

In recognition of his work on China matters, Mr. Okun was selected to serve as one of the 24
inaugural delegates to the National Committee on US-China Relation‟s Young Leaders‟ Forum. In
addition, he was selected as the inaugural Co-Chair of the 21 Century Leaders program of the Boao
Forum for Asia. He continues to play an active role in both groups.

From 1994 to 1999, Mr. Okun served in the Administration of President Bill Clinton at the Department
of Transportation. At the Department, he served as Deputy General Counsel and Aviation Advisor to
the Secretary. During his tenure at DOT, he received the Secretary‟s Award for Special Service

Mr. Okun has given speeches and served on panels regarding aviation, international trade and public
affairs in China, England, India, Jordan, Panama, Singapore, the United States and Vietnam.
With UPS, Mr. Okun has an active role in corporate social responsibility efforts, working on projects
throughout the Asia region. He also assists non-governmental organizations in Cambodia and Laos.

Mr. Okun was elected and serves on the Board of Governors of the American Chamber of Commerce
in Singapore.

A native of Chicago, IL, Mr. Okun is a graduate of the University of Virginia (1988) and the University
of Virginia School of Law (1991), where he was a member on the Editorial Board of The Journal of
Law and Politics. He, his wife Paige and sons Bennett and Mason reside in Singapore.

                                           Linda Pham
                                Manager, Public Affairs – Asia Pacific

Linda Pham is UPS‟s Asia Pacific Region Manager of Public Affairs and Governmental Relations. In
this position, Linda is responsible for trade policy issues affecting UPS in the Asia-Pacific region.
Linda represents UPS in the US-ASEAN Business Council and the American Chamber of Commerce
in Singapore where UPS‟s Asia Pacific Headquarters is located. Prior to joining the company, Linda
served as an Executive Consultant for the international law firm, Freshfields Bruckhaus Deringer in
Vietnam managing their marketing and business development activities. Linda has also served in the
Washington, DC office of Senator Ron Wyden where she worked on trade and foreign affairs policies.

Linda holds a Bachelor Degree in International Marketing from the University of Oregon, USA.

About UPS

UPS is the world‟s largest package delivery company and a global leader in supply chain services,
offering an extensive range of options for synchronizing the movement of goods, information and
funds. Headquartered in Atlanta, Ga., UPS serves more than 200 countries and territories worldwide.

                                       Ms Kristin E. Paulson
                                    President, South Asia Pacific
                            United Technologies International Operations
                                          Singapore Office

Ms Kristin Paulson directs UTC‟s government relations activities in Southeast Asia, Australia, New
Zealand and India. She is responsible for developing and maintaining relationships with government
and industry officials in support of the marketing efforts of the UTC business units. She also is
charged with cultivating new business opportunities, monitoring and providing counsel on local rule-
making and policy decisions and articulating the company's point of view to local decision makers.

In April 2003, Ms. Paulson was elected chair of the American Chamber of Commerce (AmCham) in
Singapore, and was elected to serve a second year as chair in April 2004. As Immediate Past Chair
of AmCham, she serves on the Council of the Singapore Business Federation.

Before taking on her current assignment in Singapore, Ms Paulson served as manager of
congressional affairs in UTC‟s Washington office. She worked extensively in the area of international
trade and tax policy, assuming a leadership role in the business community to secure passage of
permanent normal trade relations with China and trade promotion authority, among other legislation.

Prior to joining UTC, Ms Paulson served as deputy assistant secretary of congressional affairs for the
Department of Commerce and director of congressional affairs for the International Trade

Ms Paulson holds her B.A. in international studies from Miami University in Ohio and her law degree
from the Georgetown University Law Center. She is also a member of the Maryland bar.

About UTC

Carrier heating and air conditioning systems
Hamilton Sundstrand aerospace and industrial systems
Otis elevators and escalators
Pratt & Whitney aircraft engines
Sikorsky helicopters
UTC Fire & Security protection services

UTC Power
United Technologies Research Center

18th largest U.S. manufacturer (2007 list, Industry Week)
42nd largest U.S. corporation (2007 list, Fortune)
60th largest publicly held manufacturer in the world (2007 list, Industry Week)
126th largest in the world (2006 Global 500 list, Fortune)
Named "Most Admired" aerospace and defense company (2001-2006 lists, Fortune)
Named "Best Managed Big Company in America" [conglomerates] (Forbes, 2007)
Named a "Global 100" most sustainable corporation in the world by Corporate Knights, Inc. (2005-
2008 lists)

225,600 employees (2007)

$54.8 billion (2007)

$7.3 billion (2007)

62% of total revenues (2007)

Over 4,000 locations in approximately 62 countries; UTC does business in approximately 180

$4.2 billion (2007)

$5.3 billion (2007)

Company funded: $1.678 billion (2007)
Customer funded: $1.871 billion (2007)

$1.2 billion (2007)

                                        Samuel David Scoles
                                        Regional Director Asia
                                International Trade Advisory Services

Samuel Scoles coordinates and manages the Firm‟s trade reporting and advisory services in the Asia-
Pacific. He advises the Firm‟s multinational corporations, trade associations, and sovereign clients on
matters such as US-ASEAN and APEC relations, US congressional trade legislation, China and other
WTO accessions, rules of origin, trade regulations, domestic labeling, and multilateral and bilateral
trade agreements. Mr. Scoles also serves as liaison with the Firm‟s trade advisory practices in
Geneva, Brussels and Washington, DC.

Mr. Scoles provides strategic advice on negotiation and implementation of free trade agreements in
ASEAN, East Asia and the Pacific. He regularly advises major Japanese multinational corporations
and trade associations on trade and investment developments in the Asia Pacific, including
implementation of the ASEAN Harmonized Tariff Nomenclature (AHTN), rules of origin, import duty
incentives offered by ASEAN countries and other customs and trade issues.

Mr. Scoles has worked on antidumping investigations/reviews involving Vietnam, Indonesia and
Thailand (involving products such as frozen fish fillets, mushrooms, shrimp, coated paper, and
polyethylene retail carrier bags). Mr. Scoles began his career in July 2001 as an international trade
analyst for White & Case in Washington, DC.

Mr. Scoles has over ten years experience in Asia in both the private and non-profit sectors.
Previously, he worked in business and e-commerce development for Astaga.com, a leading Internet
company in Jakarta, Indonesia. He also spent four years in Thailand working as both a university
lecturer and an assistant coordinator for Aide Médicale Internationale, a French non-governmental
organization focusing on primary health care and small and medium enterprise development in
Chiangmai and along the Thai-Burmese border.

“Navigating Rules of Origin: A Look at ASEAN” in The New International Architecture in Trade and
Investment published by APEC Human Resources Development Working Group Capacity Building
Network (March 2007).

Origin Marking & Labeling Requirements in Asia (2005) published by the Japan Machinery Center for
Trade and Investment (JMCTI).

“P.R.C. Expands E-Port System" Asia-Pacific Tax Review (November 10, 2003).

Making Business Sense of the Singapore FTAs (2003) published by Times Publishing, contributed
chapter on Labor and Environment.

“Brazilian House of Representatives Approves Labor Law Bill,” Latin American Finance & Capital
Markets (January 31, 2002).

“Canada Launches FTA Negotiations,” North American Free Trade & Investment Report (January 31,

“U.S. Trade Representative Identifies Unfair Trade Practices in Mexico, Brazil, Argentina, and Chile,”
Practical Latin American Tax Strategies (May 2002).

Other Professional Duties
Sits on the Singapore government‟s Free Trade Agreement (FTA) Panel of Advisors.

Bars and Courts
Professional Advisor; not engaged in the practice of law

B.A., History and Art, magna cum laude, Westmont College, 1993
Thai Language Certificate, Chiangmai University, Thailand, 1996
French Language Proficiency, Institute des Langues et Cultures Françaises, Université Catholique,
Lyon, 1998
Indonesian Language Certificate, Gadjah Mada University, Yogyakarta, Indonesia, 2000
M.A., International Economics and Southeast Asian Studies, cum laude, The Johns Hopkins School
of Advanced International Studies (SAIS), Washington, DC, 2001

English, French, Indonesian, Thai

United States

                                        William Marmon
                                         Vice President
                                    US-ASEAN Business Council

Before joining the Council in May 2008, Bill Marmon was General Counsel Asia for MCI and Verizon
in Singapore for three years, where he was responsible for legal and regulatory matters throughout
Asia. He also worked for MCI in Washington, DC as Vice President International Ventures and
Alliances, responsible for negotiating and managing business partnerships and alliances around the

Prior to MCI, Bill was Bureau Chief and Correspondent with Time Magazine for eleven years, working
in Vietnam, Bangkok, Jerusalem, Beirut and the United Nations, among other locations.

He is a graduate of Princeton University and University of Virginia Law School and is a member of the
DC, Virginia, and Maryland bar associations

                                        Martin Hutagalung
                                         Regional Director
                                    US-ASEAN Business Council

Martin Hutagalung is the US-ASEAN Business Council‟s Regional Director based in Singapore.
Martin is the primary liaison to Council members in the region and oversees the Council‟s programs
and services in Singapore.

Before moving to Singapore, Martin was based in the Council‟s Washington DC office as Manager for
ASEAN and APEC Affairs.           He was responsible for the Council‟s involvement in ASEAN-wide
initiatives, including ASEAN Ministerial and Senior Official Meetings. Hutagalung also takes the lead
on all Council initiatives focused on APEC.

Prior to joining the Council in 2003, Martin worked at The World Bank. He holds an MBA with a
concentration in Management of Global Information Technology from American University and
received his BBA with a concentration in International Business from The George Washington

About the US-ASEAN Business Council

The US-ASEAN Business Council is America's leading private business organization dedicated to
promoting increased trade and investment between the United States and the member nations of
ASEAN. The Council's membership consists of Fortune 500 American companies with trade and
investment interests in the ASEAN region. With its members, the Council works with the government
and private sector to sustain and increase investment and trade to levels that will support mutual
prosperity and job creation. Our mission is to engage in dialogue to build confidence in the existing
investment base; attract new investment; and create conditions for sustainable growth.

The Council's members represent diverse industries, including aerospace, agribusiness, automobiles,
computers and information technology, media and entertainment industry, consumer goods, energy
exploration and development, express delivery services, financial services, health care and
pharmaceuticals, mining, software, and telecommunications. For information on the US-ASEAN
Business Council or general information on the ASEAN region, visit the Council's Web site at www.us-


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