commerce germany OFFICIAL PUBLICATION OF THE AMERICAN CHAMBER OF COMMERCE IN GERMANY

February 2013 • VOL 11 • ISSUE 1 17.70

Access Your Global Network: AmCham Germany Opens Doors to the World

Cover Story: Toeing the Line of Compliance Special Report: New Year‘s Receptions Round Four: US-German Internship Program Saxony-Anhalt: Expertise and Infrastructure amcham germany viewpoint

Policymaking for a Competitive Germany

For many observers, Germany is doing surprisingly well in navigating its way through the current crisis in the eurozone. The main reasons for this success lie in an economic policy, which, according to a study by Ernst & Young, has made Germany the most attractive place in Europe to do business over the last six years. Without a doubt, the contemporary nature of Germany’s com- mercial law and the country’s reliable, independent legal system feature among its advantages. Companies in Germany enjoy the space and freedom they need to make their own decisions. And they benefit from a solid statutory framework that provides fair rules for all market participants

and draws moderate yet necessary boundaries to prevent adverse developments. © Alfred Steffens As the governmental body responsible for a large part of Germany’s commercial law, the Federal Dr. Birgit Grundmann Ministry of Justice has played a major role in this success. We have dedicated ourselves to achieving State Secretary Federal Ministry of Justice three goals: reducing costs, modernizing and creating a level playing field. As we adapt the law to ever-changing social and economic circumstances, we have learned we do not need such rules as fixed gender quotas for the executive boards of publicly Law “made in Germany” traded companies, new capital levies or investment-inhibiting rules on residen- is efficient, cost effective tial rental properties in rapidly growing city centers. and predictable Looking beyond shortsighted policy responses, the Federal Ministry of Justice has promoted solutions that lighten the burden on the private sector in a socially balanced manner, for instance simplifying corporate law for major companies in order to protect them against legal action taken by “predatory shareholders.” At the same time, 500,000 of the smallest companies have been exempt from expendable disclosure requirements. Plans to further modernize German commercial law are underway, with patent applications now speedier and more affordable. We have also initiated a uniform patent system for 25 states in Europe. Insolvency laws have been systematically and comprehensively reformed in three stages. At the center of these reforms lie the principle of reorganization instead of liquidation and the culture of a second chance. Germany also endeavors to pass on the advantages of its well-functioning business law. To that end, we extensively engage in exchanges with our European partners as well as new partners in Southeast Asia and in rapidly transforming Arab states. We sincerely invite US companies to profit from these advantages as well. Those throughout the world who choose German law are making a very good decision: Law “made in Germany” is efficient, cost effective and predictable. Here, entrepreneurs and investors enjoy a highly profi- cient legal system with procedural codes that produce speedy, competent and consistent decisions.

February 2013 commerce germany 3 ADVERTISE IN OUR PUBLICATIONS MAKE YOURSELF BE SEEN!

commerce germany • Yearbook 2014

commerce germany – topics 2013 r 2/2013 Sustainable Urban Development · AmCham Business Barometer 2013 · Lower Saxony r 3/2013 Social Media: What does it mean for the business? · Annual Membership Meeting 2013 · Interns‘ arrival · Berlin r 4/2013 Automotive Industry · Top 50 US Companies in Germany · AmCham Summer festivals · North Rhine-Westphalia r 5/2013 7th Transatlantic Business Conference · Search for talent · Transatlantic Partnership Award 2013 · Hamburg

Yearbook 2014 Our membership directory and American-German business guide serves as a perfect platform for you to present your company. The Yearbook 2014 will be published on December 12, 2013. The booking phase is going on now…

Ask for more information Call +49 6190 889640, send an email to [email protected] or visit our websites www.acc-verlag.de or www.amcham.de contents

cover story

6 Compliance: Toeing the Line

13 access your global network: AmCham Germany Opens Doors to the World

amcham germany member support

8 top-level meeting: Özdemir Meets with Business Leaders to Discuss Trade Issues

16 investment region: Saxony-Anhalt – The Perfect Mix of Expertise and Infrastructure

20 policy issues: TIM Breakfast Focuses on Election-Year ICT Politics

amcham germany events

10 special report: amcham germany thanksgiving events

14 special report: amcham germany new year’s receptions

18 event report

from amcham germany members

11 executive member spotlight: Green Engineering Ensures Business Opportunities

12 member point of view: Compliance – How Much Is Too Much?

21 member insights: Innovative Financing for Public Hospitals; Compliant Data Protection

chamber news

22 New Chair for Aerospace and Defense Working Group; Oehme Appointed Northeast US Senior Adviser

22 amcham germany in the press

24 Starting Bell for Round Four of US-German Internship Program

25 new members 27 chamber calendar

February 2013 commerce germany 5 cover story

Compliance systems must be comprehensive

Individually tailored approaches work best

Compliance claims defy easy evaluation

Toeing the Line Adherence to exacting standards of compliance isn‘t easy, but with their profit margins hanging in the balance, companies can‘t afford to ignore the implications of rules and regulations. AmCham Germany member companies explore the contours of today‘s compliance landscape and offer advice on how to keep the authorities happy.

6 commerce germany February 2013 The Keys to Compliance The best approaches In a business climate defined by an incessant drive toward globalization, to compliance are compliance has taken on a new degree of complexity and importance. consistent and holistic

Georg Graf Waldersee ompliance now affects all areas and be so thorough and far-reaching that they Managing Partner for Germany, Switzerland and Austria activities of an organization and crosses may even affect foreign companies with no Ernst & Young subsidiaries, processes, employee levels close ties to these jurisdictions. Companies, [email protected] and national borders without regard to and even individuals, can be held liable when Ca company’s specific size or sector. Management they fail to implement sufficient compliance the top, a company can secure employee buy-in and supervisory boards must now combine strate- measures. By introducing compliance safeguards, and create the basis for a future-oriented approach. gic business objectives with a serious approach to executive management and supervisory boards compliance. This is especially the case since many can protect not only their organizations but also Integrated and integral companies, struggling with the consequences of themselves from prosecution or fines. a weakened global economy, are searching for But in a constantly changing global business Successful companies do not necessarily strive opportunities in rapid-growth markets, and this landscape, how can compliance issues ever be to build a comprehensive compliance function. strategy entails its own particular risks. adequately addressed? The best approaches to Rather, they view compliance as an integrated, compliance encompass the entire organization integral part of their organization’s corporate Toughening up and address all relevant requirements. This allows a governance system and rely on a risk-based company to see compliance from all angles and en- approach with adequate preventive measures. By Many countries have tough compliance regu- sures flexibility in a rapidly changing environment. continuously challenging themselves from within lations, such as the US with its Foreign Corrupt By following generally accepted standards, such the organization and by involving external experts Practices Act passed in 1977 and the UK with its as those set by the Institute of Public Auditors in and peers, these companies cultivate flexibility to Bribery Act passed in 2010. These regulations can Germany, and by ensuring the right tone is set from remain current with changing requirements. J

Acceptance and Clarity: Hallmarks of Good Compliance Internal compliance systems are often criticized as too complicated and demanding for individual employees to adhere to. Is this really true? An interview with a legal expert.

d What are the risks of implementing compli- that reacts slowly and might even fail in exactly chief compliance officer to notice undesirable ance systems? the critical stress situation when it is most needed. developments in a timely manner and to take necessary action. Finally, such a system should C If compliance systems don’t take into d What are the hallmarks of a good compliance be enforced in moderation. If employees have the account the characteristics of individual compa- system? feeling that their compliance system is more con- nies, employees will see them as an unwanted cerned with itself than with risk prevention, that imposition from the outside and will ignore them. C It can’t be stated too often: A good compli- system will lose support. This is the greatest risk To avoid this, business departments responsible ance system must be tailored to fit each individual of all, because a good compliance system stands for compliance should be involved in the process company. It should also retain a certain flexibility or falls with its level of employee support. of identifying and assessing compliance risks so that it can efficiently react to changes, espe- as well as determining, at an early stage, which cially those in the legal landscape. This requires d How do US and European compliance cultures company functions will be affected. Employ- an appropriate reporting system that enables the differ? ees will then be more prepared to accept the compliance system as their C Like so many legal developments, the term own and actively make use of it to “compliance” originated in the US. The codes of prevent company losses. The admin- A good compliance system conduct first tested there have since been estab- istrative cost of compliance systems is lished in Europe, so the cultures tend to display another important point: If these costs stands or falls with its level more similarities than differences. One differ- are excessive, the entire system can of employee support ence is that Europeans place greater value on quickly backfire. Instead of an effective the proportionality of the means of compliance. Dr. Torsten Fett compliance system, a company is then Noerr LLP Not everything brought before management saddled with a bureaucratic nightmare [email protected] under the banner of compliance is necessary. J

February 2013 commerce germany 7 cover story

The Challenge of Quantifying Damage Claims Sophisticated compliance programs have existed in Germany for more than a decade now, at least since the well-known Foreign Corrupt Practices Act investigations that hit a number of German firms starting in 2004.

ven “gold-plated” compliance programs, losses that occurred are typically higher, these of investment projects where a decision was though, cannot entirely eliminate the risk requirements also tend to be easier to fulfill. influenced by bribery. These valuations tend to of compliance breaches. They still occur, On the other hand, lost profits, especially future produce significant sums. As a result, litigants and the damage amounts that companies lost profits, are by their very nature impossible cannot provide simple estimates of a dam- Eare currently trying to reclaim from former top to precisely determine. At the same time, the age claim because such an estimate could not executives are unprecedented. So, too, are the amount may not be speculative for the purposes account for changes to other relevant factors sums involved in litigation between com- that would have occurred anyway. This panies: Deutsche Bahn’s lawsuit against would render the claim inaccurate. Cartel ThyssenKrupp for more than 1500 million The damage claims at stake cases perfectly illustrate this point: Even if a as compensation for cartel overcharges is underline the importance of cartel did affect prices, the typical cartel just one well-known example. exists over the course of multiple years, compliance programs a period during which cost and demand Determining lost profits Jochen Benz structures would have shifted as well. Managing Director With such large damage claims on the line, Alvarez & Marsal Global Forensic & These sums underline the importance Dispute Services valuations must control for these and other of compliance programs while also sug- [email protected] influencing factors in order to isolate the gesting one of the biggest challenges in true scope of the infringement. compliance litigation: namely, how to de- While it isn’t necessary for all compli- termine a sufficiently substantiated and accurate of a counterfactual damage claim. This makes it ance officers to become valuation experts, a damage amount. The basic principle underlying exceptionally difficult to substantiate claims of clear trend is emerging that these officers would damage calculations is known as the “counter- lost profits. be unwise to ignore: In addition to sanctions factual.” This means that a litigant needs to sub- from official enforcement authorities, companies stantiate the causal effects of an infringement Striving for exactness will continue to face damage claims brought and show how the world would have looked had against them by other companies or individu- the infringement not taken place. The main applications of damage theory als, or will need to recover damages themselves. In damage theory, a distinction is usually within the context of compliance include the In either case, damage theory and its skillful made between the actual loss suffered (dam- determination of price effects caused by hard- application can help build a strong legal case. This num emergens) and the loss of profits(lucrum core cartels, the valuation of supplier contracts economic aspect of compliance will gain even more cessans). While the requirements to substantiate due to (temporary) debarment and the valuation importance over time. J

top-level meeting Özdemir Meets with Business Leaders to Discuss Trade Issues

Berlin, Dec. 11. Cem Özdemir, the national party co-chair of Alliance ‘90/The Greens, met with AmCham Germany members to discuss transat- lantic trade and business issues. Pictured here are (from left, first row): Stephan Schraff, Siegmar Hess, Fred B. Irwin, Sabine Skwara, John C. Kornblum, Özdemir, Rolf Maihöfer, Stefan Kinner and Dr. Dierk Müller. Second row: Dr. Ingrid Herzog, Dr. Gerd Kräh, Günter Fort- mann, Hendrik Steckhan, Dr. Andreas Roth, Ernst-Wilhelm Frings, Dr. Wolfgang Dierker, Frank Sportolari and Dr. Andreas Jäcker.

8 commerce germany February 2013 special report: Washington Dialogue Program AmCham Germany Delegation Visits US Capital

mCham Germany offered its second Washington Dialogue Program in the wake of recent US elections, which included sending a delegation of interested company representatives to Washington, DC, from Nov. 26 to 28. The main focus of the Atrip was to gather information on the latest developments in the effort to implement a comprehensive transatlantic free trade agreement as well as to explain the benefits of such an agreement for companies on both sides of the Atlantic. Participants attended a series of meetings with representatives from the US departments of State and Commerce, the Office of the United States Trade Representative, both chambers of the US Congress, the German Embassy and additional think tanks and business organizations. Additional topics discussed at these meetings included the Transatlantic Economic Council, the Trans-Pacific Partnership, the general economic outlook and the fiscal cliff. Pictured here are Washington Dialogue Program participants (from left): Julia Pollok, AmCham Germany Government Relations Manager; Dr. Dierk Müller, AmCham Germany General Manager; Dr. Wolf Brueckmann, AmCham Germany Washington, DC, Senior Adviser; Jo van Onsem, Xerox GmbH; Dr. Peter Florenz, Henkel AG & Co. KGaA; and Dr. Ruprecht Brandis, BP Europa SE. J

New York

Washington, D.C. Wir sind eine der führenden internationalen Anwaltskanzleien mit über 700 Anwältinnen und Anwälten weltweit. London Debevoise verfügt über einen Beratungsschwerpunkt in den Bereichen Compliance, Corporate Governance und Corporate Defence sowie Paris unternehmensinterne Untersuchungen.

Frankfurt am Main Unsere Beratung umfasst transaktionsbezogene Prüfungen sowie Untersuchungen in mitbestimmten Unternehmen, insbesondere bei möglichen Moskau Vermögensdelikten und Verstößen gegen Rechnungslegungsbestimmungen im In- und Ausland. Darüber hinaus beraten wir bei der Einführung und Hongkong Verbesserung von Compliance-Management-Systemen, unter Einschluss datenschutzrechtlicher Anforderungen. Shanghai Debevoise & Plimpton LLP Taubenstrasse 7 – 9, 60313 Frankfurt am Main, Tel. 069 2097 5000 www.debevoise.com

February 2013 commerce germany 9 special report: amcham germany thanksgiving events

AmCham Germany Thanksgiving events provide the ideal setting for members and friends to celebrate the fall harvest and to network with other business and political leaders interested in the transatlantic relationship. The events additionally feature seasonal American foods, topical speeches and entertaining musical performances.

We would like to extend a heartfelt thank-you to the following event partners for their generous support of AmCham Germany’s 2012 Thanksgiving events.

Berlin • Deloitte • Hôtel Concorde Berlin • LANXESS AG © Eddy Miller Group • Microsoft Deutschland Dancing the Night Away • OTIS • UBS Deutschland AG Munich, Nov. 17. Sebastian Mackensen, Director of Sales for the Americas at Audi AG, The Future of the West Frankfurt/M was the guest of honor at this Thanksgiving • CHRISTIANSEN Coaching + Consulting Dinner Dance held at the Hotel Bayerischer Hof in Hamburg, Nov. 29. At this Thanksgiving Dinner, • Deutsche Lufthansa Munich. The Eddy Miller Group (pictured above) Dr. Josef Joffe, editor of the Hamburg-based • Frankfurt Marriott Hotel provided hours of musical entertainment, giving daily newspaper DIE ZEIT, delivered a well-re- • Hitachi Data Systems guests a chance to show off their moves on the ceived speech titled “The Next Four Years: The • Procter & Gamble • Ulrich W. Reinholdt dance floor. United States, Europe and the Long Recession.” • UL International Pictured here is Joffe (left) along with Northern • VACUUMSCHMELZE GmbH & Co. KG Germany Regional Committee Co-Chairs Jodi Gentilozzi (center) and Dr. Henning C. Schneider Munich (right). • Civitas International Management Consultants GmbH • CMS Hasche Sigle Partnerschaft von Rechtsanwälten und Steuerberatern • Ingolstadt Village • McDonald’s Deutschland GmbH

Sharing the Thanksgiving Tradition

Frankfurt/M, Nov. 22. Members, friends and fam- ily located in the Rhine-Main region were treated to a Thanksgiving feast centered around tradi- tional American cuisine. In an opening speech, Rhein-Main Regional Committee Chair Dr. Mark © Jürgen Markus C. Hilgard provided guests with some historical A Musical Feast background on the harvest holiday, which was first celebrated by the Pilgrims in 1621. Falling Düsseldorf, Dec. 6. Guests at this event heard on the fourth Thursday of November every year, Felix Scheuerpflug, Chairman of Welldone A Capital Goose Dinner Thanksgiving in the US is a day Vermarktungsagentur GmbH, give an engag- Americans typically spend ing speech titled “From Luciano Pavarotti to Berlin, Dec. 11. AmCham Germany members with loved ones. Rihanna – Connecting Personalities and Brands.” gathered for a sumptuous goose dinner in the Additionally, musicians from the Deutsche Oper Hôtel Concorde Berlin, where Frank Henkel, am Rhein performed pieces from the beloved Berlin Mayor and Senator for the Interior and operas “Die Zauberflöte” and “Die lustige Wit- Sport, spoke about his city, which he described we.” Pictured here are (from left): Dr. Alexander as “a metropolis with potential and perspective.” Schröder-Frerkes, North Rhine-Westphalia Re- Pictured here is Henkel (left) with Carl Graf von gional Committee Chair; Scheuerpflug; and Ste- Hohenthal, Berlin-Brandenburg Regional Com- phen Hubler, US Consul General. mittee Chair.

00 commerce germany February 2013 executive member spotlight

Green Engineering Ensures Business Opportunities © Eisenmann

In 1962, Eisenmann developed the first facility to treat wastewater produced by painting processes. Continuing to build its expertise from there, the company never looked back.

Waste-to-energy Maximized energy efficiency Water treatment

ince developing that first treatment is consumed by surface-finishing processes, with facility, Eisenmann has used its holistic the generation of process heat demanding the approach to industrial processes to lion’s share. In cooperation with Ritter XL Solar, grow into a business with global reach. Eisenmann delivers thermal plants for large-scale SToday, the company specializes in developing auto-manufacturing projects, offering solutions and building customized industrial plants with to maximize energy efficiency. The key advantage integrated technologies that reduce the ecologi- of these thermal plants is their compatibility with cal footprint of manufacturers. Its environmental solar circuits, which can be directly integrated Dr. Kersten Link portfolio covers power supplies in manufactur- into the process heat system. Solar thermal solu- Member of the Executive Board ing plants, treatment processes for wastewater tions provide another ideal approach for this type Eisenmann AG Tübinger Str. 81 and exhaust air, recycling and waste disposal, of manufacturing, since they can power absorp- 71032 Böblingen including waste-to-energy concepts such as the tion chillers to cool production processes. T +49 7031 78-0 E [email protected] production and upgrading of biogas. W www.eisenmann.com Environmental technology Green manufacturing processes Eisenmann employs different processes to ment processes todispose of solid and viscous The demand for sustainable, resource-efficient treat industrial wastewater for its physical and waste material, such as sewage sludge, biomass products has been growing across all industries chemical properties, including decontamina- and oil by-products like shale and sludge. For the for years. Customers, who want more than just tion, oxidization and flotation. The company also disposal of toxic liquid waste, gases and residues, an eco-friendly end result, are increasingly calling manufactures exhaust-air treatment plants, in- as well as for the recovery of precious metals and for green manufacturing processes. Auto manu- cluding those that feature thermal oxidizers and valuable materials, Eisenmann has developed facturing provides a good example. Close to 70% adsorption processes, for diverse applications in combustion chambers that meet or beat industry of the total energy required to manufacture a car many industries. It has designed thermal treat- standards. J

 ABOUT THE COMPANY Eisenmann AG is a leading global provider of industrial solutions and services for surface finishing, material flow automation, thermal process technology and environ- mental engineering. A family-run, medium-sized business based in southern Germany, Eisenmann develops and builds made-to-measure manufacturing, assembly and distribution plants that have been used by enterprises throughout the world for more than 60 years and that are prized for their flexibility and energy and resource efficiency. With a workforce of 3,700 employees in Europe, the Americas and the BRIC countries, the company posts annual revenues of approximately 5600 million.

February 2013 commerce germany 11 member point of view

Compliance: How Much Is Too Much?

Siemens is frequently accused in the press and in industry forums of overdoing compliance. A top executive responds to his company‘s critics.

It is essential to comply with the law “Limits of authority” are crucial Only clean business is good business

iemens is frequently accused – in the for a business meal. I might share the view that At the end of the day, clean business is good press and in industry forums – of overdo- these are silly and burdensome requirements, but business. We’ve shown that at Siemens over the ing compliance. Supposedly, in respond- the fact is that they are the law and we must last six years, but we certainly didn’t invent it. ing to the corruption charges that were comply. Great companies, sustainable businesses, are Sresolved in 2008, we let the “pendulum swing Sometimes the complaint will be about our always compliant with law. So there’s really no too far” and implemented bureaucratic processes project management tools – the so-called “limits such thing as “too much” compliance. You either and slowed down the business. German compa- of authority.” But those are not driven by com- are complying with the law, or you’re not. And if nies complain that it’s too expensive to imitate pliance: They are important risk-management you’re not in compliance, you won’t last long. J our “benchmark” compliance systems and that tools and we will not abandon them. Sometimes our compliance organization is far too big. a vendor will object to signing up for (or even reading!) our compliance requirements. We’ve A responsibility to comply responded by accepting our vendors’ own com- pliance rules if they are similar to ours. When I’m confronted with this, I always ask for some concrete examples, some facts. The fact Strong leadership required is that our compliance organization, measured by headcount, is smaller proportionally than that So when is there too much compliance? I of other DAX-listed companies. We continue to have a very different theory from the one in the look for efficiencies, but if there is any pressure German press. I believe that the more competent to reduce compliance headcount, it is not coming the business leadership, the fewer compliance re- from Siemens business CEOs. sources are necessary. For business leaders deeply Bureaucracy? When I ask for examples, they familiar with the laws regulating their industries Peter Y. Solmssen are uniformly complaints about things the law and who have the confidence to ensure legal and Member of the Managing Board and General Counsel requires. These include, for example, requiring a ethical behavior from their employees, very little Siemens AG visa to work in certain foreign countries (such as support is required. When the opposite is true, Wittelsbacherplatz 2 80333 Munich Switzerland or Austria) or requiring tax forms for then you have to invest in lots of compliance in- E [email protected] the “personal benefit” inuring to an individual frastructure – and that can seem like “too much.” W www.siemens.com

12 commerce germany February 2013 access your global network

In this section of commerce germany, AmCham Germany partners with local American Chambers of Commerce around the world to connect readers with our unparalleled global network.

AmCham Germany offers a range of services that bridge companies worldwide and identify opportunities in the international market. Through its current network of 115 AmChams in 102 countries, AmCham Germany serves as your optimal contact for solutions to your international trade and investment matters. AmCham Germany’s Global Network in the Philippines d Why is the Philippines an interesting location The Chamber enjoys excellent relations with the with many observers predicting even higher rates. for American Investors? Philippine government, collaborating with it on a The Philippine public credit rating has improved and regular basis. One of the Chamber’s objectives is may reach investment grade in 2013. Meanwhile, C American investors have been doing business to hold three meetings with government officials central bank reserves are approaching $100 billion, in the Philippines for a long time, and for sev- at the cabinet level or higher in each annual quar- which is adequate to meet the foreign-exchange eral very good reasons: The country has a large ter. A similarly strong relationship exists between needs of one year. The national stock market grew and growing population that will rank 10th in the AmCham Philippines and the US government. 33% in 2012, taking it to an all-time high. The world by midcentury. A large percentage of this Representatives from the US diplomatic service up- administration of President Benigno C. Aquino Jr., population is young and a majority possesses date our members and directors during visits to our a well-known reformer, has introduced measures English-speaking skills. This gives the country monthly board of directors meetings and at various to combat corruption, modernize infrastructure a distinct competitive advantage in business- other committee meetings and networking events. and develop human capital. It hopes these meas- process outsourcing, an industry that will employ ures can be sustained beyond the end of its term 1 million people in the near future. The country’s d How has the Philippine economy fared dur- in 2016. J location in the geographic center of the dynamic ing the global crisis? Asia-Pacific region is also highly advantageous. Businesses here enjoy an expanding middle-class C Despite a weak global economy and reduced market and minimal disruptions from organized demand from traditional trade and investment Ebb Hinchliffe Executive Director labor. Business costs are competitive in several partners, the Philippine economy grew at 6.5% in AmCham Philippines large sectors, such as manufacturing and tourism. the first three quarters of 2012, the fastest rate T +63 2 818-7911 among the six larger ASEAN economies. The coun- E amcham@ amchamphilippines.com d What does the US-Philippines economic part- try is projected to see 6.5% to 7% growth in 2013, W www.amchamphilippines.com nership look like?  About AmCham Philippines C AmCham Philippines has over 700 members The American Chamber of Commerce in the Philippines serves the interests of US businesses through a nationwide and continues to grow. Our Manila wide range of networking services that help members promote their long-term objectives. Since its chapter coordinates 22 dynamic committees and incorporation in 1920, the Chamber has recognized the US business community’s commitment to the economic welfare and civic development of the Philippines and its people. offersEigenanzeigen_Yearbook_2013_Anzeige a range of other programs and activities. cg 1_2013 (4C) 18.02.2013 09:13 Seite 1

Access Your Global AmCham Network

AmCham Germany is your primary destination for comprehensive information on trade and investment.

Let us connect you globally with companies, customers and local experts.

Our network of 115 AmChams in 102 countries is your competitive advantage.

Access Your Global Network. // www.amcham.de

February 2013 commerce germany 13 special report: amcham germany new year’s receptions Hamburg

Jan. 15. From left: Dr. Josef Joffe, Die Zeit; Fred B. Irwin, AmCham Germany President; Inmi K. Patterson, US Consul General; Jodi Gentilozzi, Northern Germany Regional Committee Co-Chair; event speaker Philip D. Murphy, US Ambassador to Germany; Tammy Murphy; and Dr. Henning C. Schneider, Northern Germany Regional Commit- tee Co-Chair.

Jan. 15. From left: Burkhard Linke, AmCham Germany Bavaria Represen- tative; Prof. Andreas Falke, Universität Erlangen; Markus Lötzsch, Indus- trie- und Handelskammer (IHK) Nürnberg; Martin Thiermann, Northern Bavaria Regional Committee Chair; event speaker William E. Moeller, US Consul General; Joachim Kellner, member of the AmCham Germany Board of Directors; Andreas Kiefer, Deloitte & Touche GmbH; and Edward Fantasia, US Commercial Service Munich.

Jan. 15. From left: Dr. Rob Smith, member of the AmCham Germany Board of Directors; Walter Hirche, former Minister for Economics, Labor and Transport for the state of Lower Saxony; and Prof. Ulrich von Jeinsen, LowerHannover Saxony Regional Committee Chair. A number of parallel developments and challenges played out in the transatlantic relationshipNuremberg in 2012 – from major elections in the US, France and Russia to persistent problems caused by sovereign debt and the aftereffects of the financial crisis. But the other side of every challenge is an opportunity, as speakers at these receptions were keen to remind members and friends of the Chamber. At galas and dinners held across Germany, prominent politicians and industry leaders mingled and networked, kicking off 2013 with lively discussions about the year ahead.

Jan. 18. From left: Dr. Alexander Schröder-Frerkes, North Rhine-Westphalia Regional Committee Chair; Fred B. Irwin, AmCham Germany President; event speaker Dirk Elbers, Lord Mayor of Düsseldorf; and Stephen A. Hubler, US Consul General. Munich

Jan. 22. From left: Burkhard Linke, AmCham Germany Bavaria Representative; Christian von Sydow, Bavaria Regional Committee Co-Chair; Fred B. Irwin, AmCham Germany President; event speaker William E. Moeller, US Consul Gene- ral; event speaker Christine Haderthauer, Minister of Labor and Social Welfare, Family Affairs and Women for the state of Bavaria; Andreas Würtenberger, Bavaria

Jürgen Markus Regional Committee Co-Chair; and event speaker Dr. Andreas Dinger, The Boston © Consulting Group GmbH.

14Düsseldorf commerce germany February 2013 Jan. 25. From left: Roland Werner, State Secretary in the Ministry of Economic Jan. 31. Event speaker Matthias Müller, Porsche AG, Affairs, Labor and Transport for the state of Saxony; event speaker Prof. addressing guests at the Porsche Museum. Anthony Hyman, Max Planck Institute of Molecular Cell Biology and Genetics; Prof. Heribert Heckschen, Saxony Regional Committee Chair; and Mark J. Powell, US Consul General. Dresden Stuttgart

© Frank Pichler From left: Fred B. Irwin, AmCham Germany President; event speaker Matthias Müller, Porsche AG; and Prof. Gerhard Wegen, Baden-Württemberg Nuremberg Jan. 25. Dr. Mark C. Hilgard, Rhein-Main Regional Regional Committee Chair. Frankfurt/M Committee Chair, addressing guests.

We would like to extend a heartfelt thank-you to our main event partners for their generous support of AmCham Germany’s New Year’s events. Erfurt Hamburg Munich • Buse Heberer Fromm • Hans Knürr • PricewaterhouseCoopers AG • Ingolstadt Village • PricewaterhouseCoopers AG Hannover • Teradata • Göhmann Rechtsanwälte Notare • Hannover Finanz Dresden • TRW • Bankhaus Lampe • VSM Vereinigte Schmirgelwerke • eureos gmbh

Nuremberg Frankfurt/M • Deloitte • Morgan Stanley • IHK Nürnberg für Mittelfranken • Ulrich W. Reinholdt Feb. 4. From left: Mark J. Powell, US Consul General; Frank Riemensperger, AmCham Düsseldorf Stuttgart Germany Executive Vice President; event speaker Dale Tasharski, Minister-Counselor for Commercial Affairs and Regional Senior Commercial Officer, US Commercial • Audi AG • Porsche AG Service, Berlin; Marion Walsmann, Minister of Federal and European Affairs for the • UPS state of Thuringia; Stefan Hertwig, Thuringia Regional Committee Chair; Dr. Peter Zimmermann, member of the Thuringia Regional Committee; Barbara Kupfer, member of the Thuringia Regional Committee; and Dr. Holger Ulbricht, member of the Thuringia Regional Committee.

February 2013 commerce germany 15 investment region

Saxony-Anhalt: The Perfect Mix of Expertise and Infrastructure

As a growing number of investors discover the state’s structural strengths and its extremely well-educated workforce, Saxony-Anhalt’s economy is growing more diverse and resilient than ever.

Prof. Birgitta Wolff, Minister of Sciences and Economic Affairs, on a state known for its unique and com- pelling mix of the world’s first chemical parks and an early-rising populace.

d In which industries is Saxony-Anhalt particu- potential investors, answering their general and mercial space and its reasonable property prices larly strong, and how can investors tap into the strategic questions. The Investment and Market- and rents. region’s infrastructure? ing Corporation Saxony-Anhalt (IMG), the state agency for business development, offers free d What do Saxony-Anhalt’s growing industries C Such traditional sectors as chemicals, mechan- services to help investors find ideal locations, to mean for investors? ical engineering and foodstuffs remain strong in answer questions related to subsidies and finan- Saxony-Anhalt. Since 1990, though, we have cial support, and to deal with local authorities. C Saxony-Anhalt’s industrial environment is seen increased investment in a broader range of heavily influenced by a chemical industry with sectors, dramatically increasing the state’s eco- d What makes Saxony-Anhalt an attractive a strong tradition. The concept of the chemi- nomic diversity and potential for innovation. The business location? cal park was invented in this state, and our service sector, along with new industries focused chemical parks are admired and imitated world- on automobiles, biotechnology, information C Saxony-Anhalt is a dynamic economic region wide. The parks here offer space available for and communication technologies, logistics and in the geographical center of Europe. This makes immediate use, complemented by infrastructure renewable energies, are now well established in it an ideal commercial crossroads linking both the optimized for chemical production. Companies Saxony-Anhalt and have played a key role in the east to the west and the north to the south. The from the chemicals and plastics industry are very state’s economic upswing. The basis for this suc- fact that large airport and airfreight hubs as well welcome here – something that does not hold cess is provided by the exceptionally favorable as the European cargo hubs of major logistics true throughout Europe. research environment and the close cooperation operations are located in the area is particularly Saxony-Anhalt has proven environmental between research organizations and businesses attractive to investors. Further key factors include credentials and is a national leader in green operating in the state. the region’s well-educated professionals, its cost electricity: 40.7% of the electricity generated The Ministry of Sciences and Economic advantages, its innovative research environment, here derives from renewable sources. For many Affairs serves as a partner and point of contact for its attractive combination of industrial and com- years, several colleges and universities have been

16 commerce germany February 2013 offering courses of study in this field. The Anhalt Saxony-Anhalt: University of Applied Sciences, for example, has offered a dual study course in solar technology. It is crucially important for companies to have access to well-educated professionals in this The Perfect Mix of Expertise field as well as to the expertise in research and development.

d Are there any exciting up-and-coming eco- and Infrastructure nomic sectors in Saxony-Anhalt that investors might not yet associate with the region?

C Definitely. The creative economy in Saxony- Anhalt is one of the fastest growing of its kind in Germany. From bicycle manufacturing and filmmaking to jewelry and furniture design – the creative spirit of the Bauhaus movement lives on in the state. Saxony-Anhalt also has clear development strategies for gaining a foothold in the emerg- ing market of e-mobility. The state is focusing on

its strengths by developing new materials, light- © www.sachsen-anhalt.de/bilder weight designs and improved energy storage Chancellor Angela Merkel and Saxony-Anhalt Minister-President Dr. Reiner Haseloff tour the BioEconomy and is even sponsoring an e-mobility initiative to Cluster at the Fraunhofer Institute for Interfacial Engineering and Biotechnology in Magdeburg. further development. The Institute of Automotive Expertise (IKAM), for example, is setting trends d How can the AmCham Germany network From my own experience, I know there is a lot for the commercial vehicles of the future with in Saxony-Anhalt assist companies to take full to learn about Saxony-Anhalt’s potential. Many alternative drive technologies. advantage of the region? prospective investors do not know what they Finally, the bioplastics industry has rapidly are missing by not working with and in Saxony- developed in recent years and has really caught C The US is the biggest foreign investor in Anhalt. I believe this is where AmCham Germany the attention of the private sector. The Fraunhofer the state, having invested more than 12 billion – with its excellent global network and commu- Center for Chemical-Biological Processes (CBP) since 1991 and creating and securing around nication power – benefits everyone involved. J has helped Saxony-Anhalt establish itself in this 13,000 permanent jobs. Americans and peo- emerging market by closing the gap between ple from Saxony-Anhalt are a good match. We For more information on doing laboratory and industrial production. By provid- get along. We work in similar ways: We do our business in Saxony-Anhalt and ing infrastructure and technical facilities, partners research, plan precisely and then work hard to about AmCham Germany com from research and industry are able to develop implement the plan in the best possible way and mittees active in the area, please new biotechnological and chemical processes. on time. visit www.amcham.de

Ellen-German-out-180X61.indd 1 2/12/13 5:23 PM February 2013 commerce germany 17 event report

RESPITE FROM THE TAX COLLECTOR

Düsseldorf, Dec. 3. Recent tax-law rulings issued by the EU Court of Justice offer taxpayers numerous new opportunities to save on what they owe the government. PricewaterhouseCoopers BUSINESS BREAKFAST WITH US AMBASSADOR tax specialists Marion Gohr and Petra Win- gendorf, together with European legal expert Dresden, Dec. 5. Following a warm wel- US Ambassador to Germany Philip D. Murphy. Dr. Gitta Jorewitz, showed participants at this come from Prof. Heribert Heckschen, Saxony Pictured here are (from left): Mark J. Powell, US International Tax Highlights Expert Briefing smart Regional Committee Chair, attendees at this Consul General; Gerold Held, Hotel Taschen- and simple ways to recover tax payments. Pic- Business Breakfast heard an engaging speech bergpalais Kempinski Dresden; Murphy; and tured here is Jorewitz in dialogue with attendees on the transatlantic economic relationship from Heckschen. while colleagues Gohr and Wingendorf look on.

NEW INSTALLMENT IN TAX SERIES BOARD OF DIRECTORS MEETING

Leipzig, Nov. 13. At this lecture, part of a series Kronberg, Dec. 4. After this AmCham Germany on international tax issues jointly organized by Board of Directors Meeting, attendees enjoyed a AmCham Germany and PricewaterhouseCoop- number of stimulating panel discussions and pres- ers (PwC), attendees heard tips for managing entations on the digital revolution, including one taxes on company facilities from PwC tax con- from AmCham Germany Executive Vice President sultant Dr. Dorit Seiler and her PwC colleague Frank Riemensperger on the role of the digi- and Saxony Regional Committee Co-Chair tal revolution in future business growth. Pictured Birgit Thalhammer. The next installment of above attending the meeting are (from left): Mar- the series will take place on March 5 in Leipzig, tin Gropp, Frankfurter Allgemeine Zeitung; John and will tackle the topic of prospective tax hikes Gerosa, Google Germany; Riemensperger; Georg in 2013. Pictured here is Thalhammer (left) with Knoth, member of the AmCham Germany Board Pictured above are Gerosa (left) and Gropp during Seiler. of Directors; and Martin Ott, Facebook Germany. one of the panel discussions.

18 commerce germany February 2013 JAZZ IN THE GERMAN MOTOR CITY

Stuttgart, Dec. 7. American jazz legend Ernie Watts entertained guests with his virtuosic saxophone playing at this special AmCham Germany musical event co-hosted by the Deutsch- Amerikanisches Zentrum. With the aid of his European Quartet, Watts filled Stuttgart’s swinging BIX Jazzclub & Lounge with jazz classics as well as original compositions. Pictured here is Dr.-Ing. Peter Leibinger, TRUMPF GmbH + Co. KG (left), with Watts on stage following the performance.

BADEN-WÜRTTEMBERG’S EUROPEAN PRESENCE

Stuttgart, Nov. 28. Peter Friedrich, Baden- Württemberg Minister for Federal, European and International Affairs, spoke on recent develop- ments in the EU at this Business Luncheon. In his remarks, Friedrich explained the role that Baden- Württemberg plays in these emerging trends. Pictured here is Matthias Kopka of Ebner Stolz Mönning Bachem (left) with Friedrich.

February 2013 commerce germany 19 policy issues

TIM Breakfast Focuses on Election-Year ICT Politics

Berlin, Dec. 11. The Telecommunications, Internet and Media (TIM) Com- AG, moderated the subsequent panel discussion. Panelists Brigitte Zypries, mittee convened at Berlin’s newly erected eBay pop-up store to review MdB (SPD); Thomas Jarzombek, MdB (CDU); and Arnulf Keese, Manag- events of the past year and legislative period and to discuss the future of ing Director of PayPal Germany, agreed that there was a continued need information and communication technology (ICT) politics in light of the up- for coordinated, cross-departmental IT policymaking and that regulatory coming elections in Germany. Martin Tschopp, Managing Director of eBay approaches must be adapted to the realities of the digital economy. Pictured Germany, opened the breakfast with a keynote address on the future of on- here are (from left): Kestermann, Jarzombek, Zypries, Tschopp, Keese and line commerce. Carsten Kestermann, head of Public Affairs for Software Dr. Nikolaus Lindner, TIM Committee Co-Chair.

For more information on the CR committee, scan this code. Business of Healthcare Business and Human Rights at Committee Hosts Koschorrek CR Committee Meeting

Berlin, Jan. 18. Continuing its breakfast series, the Business of Healthcare Berlin, Jan. 16. The Corporate Responsibility (CR) Committee convened for Committee recently met with Dr. Rolf Koschorrek, MdB (CDU) and spokes- its first session of 2013 at the headquarters of Coca-Cola GmbH. Renate person for the CDU/CSU parliamentary group that serves on the Commit- Hornung-Draus, head of the European Union and International Social Policy tee on Health. Titled “Patient Care of the Future,” the breakfast discussion Department at the Confederation of German Employers’ Associations (BDA), centered on a range of topics, including the impact of demographic changes, explained various developments in the area of business and human rights. The the advent of telemedicine, incentives for care and the untapped economic discussion also covered the UN Guiding Principles on Business and Human potential of the healthcare sector. Pictured here following the morning’s Rights as well as the OECD Guidelines for Multinational Enterprises. Pictured discussion are (from left): Günter Fortmann, Health Care Committee here are (from left): Uwe Kleinert, CR Committee Chair; Hornung-Draus; Co-Chair; Koschorrek; and session moderator Christiane Landsberg, David Kuron, Tyco Electronics AMP GmbH (a TE Connectivity Ltd. Company); Boehringer Ingelheim Pharma GmbH & Co. KG. and Dr. Christina Gommlich, BASF SE.

20 commerce germany February 2013 member insights

Innovative Financing for Public Hospitals

f the 2,040 hospitals in Ger- are expressing reluctance to accept fur- networks as the key to improved effi- many, one-third are oper- ther guarantees from municipalities due ciency, the hospital operator rearranged ated by municipalities. Within to their excessive indebtedness. its bank loans and then negotiated the framework of the dual- The state of Berlin, for instance, is external debt financing on the basis of a Ofinancing system, operating expenses only providing 160 million to fund its stable cash-flow and earning situation. are covered by healthcare insurance hospital system, while a single munici- This approach to debt financing is the reimbursements and investments are pal hospital operator could be facing first in the German hospital sector to be financed by municipalities. investment-financing costs of more than completed on the basis of the borrow- Over the past 30 years, however, 1200 million. Berlin-based Vivantes, er’s own credit worthiness and without public authorities have successively Germany’s largest operator of municipal incorporating any credit enhancements Michael Fabich Managing Partner reduced their invest- hospitals, found itself from the state owner. It is also expected EquityGate Advisors GmbH ment levels in hospi- This approach could in just such a situa- to form the basis for future hospital Mainzer Str. 19 tals due to funding tion, forcing it to look financing. 65185 Wiesbaden form the basis for future T +49 611 20548-10 constraints. As a con- outside the box to find Other hospitals will feel the pres- E [email protected] sequence, financing is hospital financing innovative forms of sure to become more financially inde- W www.equitygate.com urgently needed to financing and shore up pendent and follow suit to establish cover an accumulated funding gap competitiveness in a hospital landscape their own debt track records. And at of more than 190 billion. In the past, shaped by a growing number of highly that point, what’s to stop municipal municipalities typically provided explicit profitable, privately run hospitals. hospitals from eventually issuing their guarantees for external debt financing. After a successful restructuring, and own bonds or entering the capital Increasingly, however, credit providers as one of the first to introduce hospital markets? J

Compliant Data Protection

ompliance has recently shifted some cases, German data protection provide very detailed rules that apply into the spotlight for German laws are so strict that any attempt to all investigations, including video- companies. But while Ger- to investigate a potential compliance surveillance rules, compliance screen- man and American businesses breach could lead to an actual compli- ings and e-mail investigations. Cgenerally take the same systematic ance breach. This risk is particularly At present, the European Parliament approach to compliance and have great with respect to investigating is also addressing data-protection issues developed comparable corporate e-mail accounts. and has developed a cultures to address the topic, important Allowing the pri- A potential compliance draft proposal to unify differences remain. vate use of compa- breach could lead to an European data-protec- At the intersection of compliance ny e-mail accounts tion regulations. Set Dr. Jürgen Hartung actual compliance breach Partner and data protection, US companies find without having to take effect in 2016, Oppenhoff & Partner it hard to accept German and European first implemented the proposed regula- Konrad-Adenauer-Ufer 23 precepts. It is one thing to recognize, for proper policies may stop a company’s tions would replace national laws and 50668 Cologne T +49 221 2091-643 instance, that customer data should be compliance investigation in its tracks. include many provisions that establish E [email protected] protected against loss and that a breach Changes are on the horizon. even more rules of compliance for data W www.oppenhoff.eu of the respective data-protection laws The governing coalition in Germany protection. constitutes a compliance issue. is currently grappling with whether In light of these emerging trends con- But a perception persists that data- or not it wants to implement a draft cerning compliance and data protection, protection rules also negatively inter- employee data-protection act. If US companies should remain vigilant fere with compliance investigations. In implemented, this law would inter alia now and into the future. J

February 2013 commerce germany 21 chamber news

Oehme Appointed Northeast US Senior Adviser

Sven C. Oehme was recently appointed AmCham Germany’s Northeast US Senior Adviser, making him the Chamber’s official contact in New York City. Oehme is CEO and President of the European-American Business Organiza- tion and a recognized expert on transatlantic affairs. He is also a member of the Executive Board of the TransAtlantic Business Dialogue (TABD), the principle business interlocutor between the private sector and political leaders in the US and EU. A frequent speaker on the trans- atlantic relationship, Oehme’s expertise covers the Euro- New Chair for Aerospace and pean Economic and Monetary Union, the euro and interna- Defense Working Group tional trade.

The AmCham Germany Transatlantic Aerospace and Defense Cooperation Working Group is now under new leadership. James E. Monroe (pictured here), Vice President of Raytheon International, was appointed in late 2012 New Staffer Joins Berlin Office to chair the group, which works to benefit partners on both sides of the Atlantic in a vital sector. Monika Kreutz recently joined Am- The working group’s primary goals include facilitating a robust dia- Cham Germany’s Berlin office as Team logue between political and industry leaders on transatlantic aerospace Assistant. Previously, Kreutz worked and defense opportunities as well as highlighting the successes of trans- for the American Academy in Berlin, atlantic cooperation and trade in this area. The group also seeks to the Aspen Institute Germany, the In- improve the regulatory environment to provide for a more open transat- stitute for Foreign Policy Analysis (in lantic market in aerospace and defense. It additionally serves as a forum Cambridge, Massachusetts) and the to generate new ideas and relationships for industrial cooperation. To that German Bundestag. end, the group has started a joint initiative with various other German E [email protected] associations and organizations to plan events focusing on transatlantic issues. T +49 30 288789-22 amcham germany in the press

In favor of realigning the economy employees’ concerns and a socially Sloterdijk: Enjoy life and take […] “What the US needs now is a and environmentally responsible sup- control of your time dramatic debt-reduction policy,” said ply chain are core elements of a com- “Privacy is a thing of the past. Prof. Martin Richenhagen, CEO of the prehensive approach to sustainability Today, people post everything on the AGCO Corporation. AmCham Germa- management. To create worldwide Internet and anyone can join in. But ny President Fred B. Irwin proposed a transparency and comparability in the can a society really function without concrete policy for reducing the coun- presentation of the broad range of privacy?” asked Frank Riemensperg- try’s massive public debt: introduce a activities in this area, an increasing er, Geographic Unit Managing nationwide 4% value-added tax. […] number of businesses are following Director at Accenture. He posed this (Translated from the original German article in the Global Reporting Initiative’s question to Prof. Peter Sloterdijk, the Wetzlarer Neue Zeitung on Nov. 22, 2012) guidelines.” […] philosopher, author and chancellor Questions about the future (Translated from the original German statement of the Karlsruhe University of Arts made by AmCham Germany President Fred B. th […] “Efficient environmental resource Irwin in the Frankfurter Allgemeine Zeitung on and Design at the 29 Campus management, responsiveness to Dec. 7, 2012) Kronberg discussion. [Sloterdijk] was

22 commerce germany February 2013 AMCHAM GERMANY BUSINESS DEVELOPMENT THROUGH APRIL 2013 Corporate BUSINESS AS USUAL …

... is not easy these days. New laws, new regulations, new structures: Responsibility the business world is always shifting. So you can keep pace with Demographischer Wandel: relevant changes, we offer events that are always up to date, featur- ing experts from AmCham Germany’s corporate members – from the Zukunft verantwortungsvoll gestalten business world, for the business world.

UPCOMING EXPERT BRIEFINGS AND CONFERENCES International Tax Highlights for German Subsidiaries 2013 Host: PricewaterhouseCoopers AG March 5 in Leipzig; April 22 in Frankfurt/M

Countering the Global Slowdown: Optimizing Talent and Mit Expertenbeiträgen Operational Performance to Create Competitive Advantage aus der Wissenschaft Host: The Conference Board and European School of und von namhaften Management and Technology Unternehmen Date: March 8 Location: Frankfurt/M

US Investments in Germany: Current Trends in Tax Law and Tax Planning Host: KPMG Date: March 14 Location: Frankfurt/M

To register for one of these events or to book your own Expert Bestellanschrift: Briefing or Forum, please contact: F.A.Z.-Institut für Management-, Karl M. Mallach Markt- und Medieninformationen GmbH Manager Mainzer Landstraße 199 ½ 60326 Frankfurt am Main Business Development & Conferences Tel.: (0 69) 75 91-21 29 ½ Fax: (0 69) 75 91-19 66 T +49 69 929104-51 E-Mail: [email protected] ½ www.branchendienste.de E [email protected]

introduced by AmCham Germany Everyone wants more Europe – Thomas Enders, CEO of the aerospace relaxed and brimming with confi- President Fred B. Irwin as “one of but which one? company EADS. “We in Germany must dence. Political leaders, such as the the most important thinkers of mod- The debate on the best way to end the ask ourselves if we are doing enough Hessian Minister for Justice Jörg-Uwe ern times.” […] In response to a debt crisis continues – but politicians in society and the economy to ensure Hahn, and bankers, including Andreas question asked by Manfred Köhler, and business leaders were able to our future competitiveness. If the Dombret, a member of the Executive lead regional business editor of the agree on one thing at the WELT Eco- answer is ‘no,’ this is not only a prob- Board of the Deutsche Bundesbank, Frankfurter Allgemeine Zeitung, nomic Summit: the need for further EU lem for Germany: Given the importance mingled in the large auditorium of about the merits of digitalization, integration. […] Schäuble also of Germany to the EU, you would have the Frankfurt Marriot Hotel. Sloterdijk replied “no, it’s not good, declared his support […], saying the to say ‘poor Europe’ as well.’” […] AmCham Germany President Fred B. but it’s become a reality,” adding EU must become more competitive: (Translated from the original German article in Irwin quickly won over the audience Die Welt on Jan. 8, 2013) that digitalization – like everything but not by making strong economies as he highlighted the strengths of else – was ambivalent. […] weaker, rather by strengthening the Reemphasizing our strengths America and Europe. […] (Translated from the original German article in weaker ones. […] The goal must also The atmosphere at AmCham Germa- (Translated from the German article in the the Kronberger Bote on Dec. 13, 2012) Handelsblatt on Jan. 28, 2013) be taken seriously in Germany, warned ny’s New Year’s Reception was

February 2013 commerce germany 23 special report: US-German Internship Program

Starting Bell for Round Four of US-German Internship Program

or the fourth consecutive year, the US-Ger- The willingness of supporting companies to houseLaw Atlanta. This year’s program will run man Internship Program will offer students host interns and provide financial support allows from May 28 to Aug. 23. As was the case last from renowned universities in the south- the program to continue to expand and contrib- year, interns will attend get-togethers in Berlin eastern region of the US the opportunity ute to the future of the transatlantic relationship. and Munich. Fto complete summer internships with AmCham AmCham Germany aims to cultivate a positive Germany member companies. The program pro- view of Germany among the fourth group of stu- For more information on hosting an intern vides interns an ideal opportunity to learn about dents set to participate in this year’s program and or supporting the program financially, the German business world and develop rela- is greatly appreciative of companies’ involvement. please contact Katrin Utzinger: tionships with top international companies while The US-German Internship Program is organ- T +49 69 929 104-50 also expanding their cultural horizons. ized and carried out in cooperation with Bridge- E [email protected]

Prior to this internship, I had never left the US. While partici- pating in the program last sum- mer I was able to visit and learn about six different countries. It was an incredible experience that spurred my desire to pursue a career with an international company.

Internship program participants (from left) Justin Groot, Patrick Steck and Courtney Benson were all smiles at the Courtney Benson, 2012 intern at 2012 welcome ceremony in Frankfurt/M. Pfizer Deutschland GmbH

amcham germany asks Q

d What aspect of transatlantic relations works benefits to all of us, so we need to seize the oppor- d Who, living or dead, do you admire most? best? tunity we currently have and begin negotiations. C I admire people who take joy in achievement C Transatlantic relations work very well on many and creative effort while not forgetting the less levels – political, business, military and cultural. d What was the last book you read? fortunate members of our society. We sometimes take this relationship for granted, C “Istanbul,” by my favorite author, Orhan Pamuk. but we should never lose sight of its importance. d What is your favorite place in the US or d What is your favorite German or American Germany and why? d What changes to the transatlantic relation- food or dish? C My family and I are big fans of Berlin and we ship are necessary? C I always enjoy the classic Thanksgiving dishes. visit whenever the opportunity presents itself. C An absolute must is a comprehensive transat- Good food paired with good wine and good lantic trade agreement. This would bring enormous company is something I highly value.

Frank Sportolari ABOUT THE COMPANY President  United Parcel Service UPS is a global leader in logistics, offering a broad range of services that include transporting packages Deutschland Inc. & Co. OHG Görlitzer Str. 1 and freight, facilitating international trade and deploying advanced technology to more efficiently 41460 Neuss manage the world of business. Headquartered in Atlanta, Georgia, UPS serves more than 220 countries T +49 2131 947-2501 and territories worldwide. E [email protected] W www.ups.com

24 commerce germany February 2013 new members

DECEMBER 2012 TO JANUARY 2013

UPGRADED CORPORATE MEMBERS Sikorsky Aircraft Corporation INDIVIDUAL MEMBERS PATRON MEMBERS Edward Nakas Bingham McCutchen LLP Director Dipl.-Dolmetscherin Julia M. Böhm Bilfinger SE Dr. John P. Schmitz Sikorsky Europe Dipl.-Volksw. Hans J. Brüninghaus Roland Koch Partner Stratford, CT, USA Dr. Marcel Morschbach Chairman of the Executive Board Frankfurt/M Lawrence D. Schulz Mannheim ZELTWANGER Holding GmbH Rolf Sost DAGLI + atelier d‘architecture Ulrich Zeltwanger Dugan Trevathan Deutsche Bank AG Dipl.-Ing. Türkan Dagli-Nies Geschäftsführer Klaus Zimmermann Stefan Krause CEO Tübingen Mitglied des Vorstands Luxembourg, Luxembourg Frankfurt/M DELEGATED MEMBERS Deutsche MTM-Gesellschaft For more information about Software AG Industrie- und Arrow Central Europe GmbH Karl-Heinz Streibich Wirtschaftsberatung mbH Eric Schuck your membership or to become CEO Dipl.-Ing. Knuth Jasker Dr. Karsten Turck a member, please contact: Darmstadt Managing Director Sibylle Wagner Hamburg Bilfinger SE Joachim Müller Manager, Membership Gerhard D. Wempe KG Wolf-Dieter Adlhoch Development UPGRADED Hans-Karl Eichhorn EXECUTIVE MEMBERS T +49 69 929104-31 Geschäftsführer Deutsche MTM-Gesellschaft Frankfurt/M Industrie- und E [email protected] APCOA Parking Holdings GmbH Wirtschaftsberatung mbH Ralf Bender GS1 Germany GmbH Dr.-Ing. Knut Kille CEO Jörg Pretzel Heuking Kühn Lüer Wojtek Stuttgart CEO Cologne Partnerschaftsgesellschaft von Parker Hannifin GmbH Rechtsanwälten, Steuerberatern, Kees Veraart Dr. Offner, Milde & Partner Attorneys-at-Law Managing Director and Unternehmensberatung Dr. Ulrich Jork Financial Services Director Dipl.-Kfm. Holger Köninger Bielefeld Managing Partner PricewaterhouseCoopers AG Gerlingen Wirtschaftsprüfungsgesellschaft Kaye Scholer LLP Thorsten Wesch Ingrid M. Kalisch plug and work Airport GmbH Rechtsanwältin and The SQUAIRE Business- and Co-Managing Partner Conference-Center of the Frankfurt office Timm Heeg Frankfurt/M Sales Manager Frankfurt/M

What brought Parker Hannifin GmbH, a global manufacturer of motion and control technologies and systems, to AmCham Germany? As providers of precision-engineered solutions for a wide variety of mobile, industrial and aerospace markets, membership in AmCham Germany is a matter of course. Parker Hannifin is an American company with 311 manufacturing plants world- wide and more than 25 facilities based here in Germany. For our core technologies, Germany is the most important country in Europe. These include hydraulics, the handling of fluids and gases, pneumatics and electromechanical solutions. AmCham Germany represents our interests and provides important business contacts.

Dr.-Ing. Gerd Scheffel, Managing Director of Parker Hannifin GmbH Frank Sportolari President United Parcel Service Deutschland Inc. & Co. OHG Görlitzer Str. 1 41460 Neuss T +49 2131 947-2501 E [email protected] W www.ups.com

February 2013 commerce germany 25 announcements imprint commerce germany Statement of Purpose commerce germany

J ACC Verlag & Services GmbH AmCham Germany’s official publication is commerce germany, published by ACC Verlag & Services Dr. Dierk Müller, General Manager GmbH, a fully owned subsidiary of The American Chamber of Commerce in Germany, e.V. Börsenplatz 7-11, 60313 Frankfurt/M Its purpose is to: • Provide high-quality editorial coverage of AmCham Germany’s events, emphasizing the networks J Editorial and Business Offices Patricia Limburg, Ginger Kern AmCham Germany offers to readers. T +49 69 929104-40, +49 69 929104-53 • Provide accurate coverage of position papers, new policies and internal Chamber news. F +49 69 929104-11 • Showcase member companies of AmCham Germany by featuring articles from major supporting E [email protected], [email protected] companies regarding relevant bilateral and international trade issues as well as current trends in W www.amcham.de key industrial sectors. J Editorial team • Highlight the industries and investment potential of each of Germany’s member states on a Heidi Roecks (editor) rotational basis. Jonathan Pattishall, Gregory Smith (intern) • Inform readers of new members and upcoming events. J Graphics and layout Giulia Schneck For more information, please visit www.amcham.de/publications/commerce-germany.html All representing F.A.Z.-Institut für Management-, Markt- und Medieninformationen GmbH, Frankfurt/M

J Advertising Administration Changes at Procter & Gamble Sabine Karbowy Hauptstr. 15, 65795 Hattersheim/M Isabel Hochgesand (left) recently took the helm of J Communications Committee Procter & Gamble’s Supply Network Operations Divi- Carl Graf von Hohenthal, Chair sion for Germany, Austria and Switzerland. She suc- Brunswick Group GmbH ceeds Otmar Debald (right), who recently retired after 33 years with the company. Debald will continue to J Photo credits Thinkstock: Cover, pp. 6, 10, 12, 27 carry out external functions for Procter & Gamble and will remain a Vice President of AmCham Germany. commerce germany is the official periodical of the ­American Chamber of Commerce in Germany e.V. It is published for the Chamber by ACC Verlag & Services GmbH. Opinions expressed in articles are Publication Reviews 10 Years of Corporate Governance not necessarily those of the Chamber or of ACC Verlag Zehn Jahre Deutscher Corporate Governance Kodex: Erfahrungen und Veränderungsbedarf & Services GmbH or of F.A.Z.-Institut für Management-, Corporate Governance Codex Corporate Governance Markt- und Medieninformationen GmbH. Contributor opinions are not necessarily shared by the ­editor. To mark the 10th anniversary of Germany’s legal guide to corporate All members of the American Chamber of Commerce governance, the F.A.Z.-Institut, in collaboration with copublisher Ernst in Germany e.V. receive one free copy of the publica- & Young GmbH, recently released a compendium of interviews with tion. Copyright by American Chamber of ­Commerce in political, business and academic leaders titled “Corporate Governance: ­Germany e.V. All rights reserved. The ­contents of this ­publication may not be reproduced in whole or in part Zehn Jahre Deutscher Corporate Governance Kodex.” without the ­consent of the copyright owner.

To order the book, please contact the F.A.Z.-Institut: Alle Rechte vorbehalten. Nachdruck, auch auszugs- E [email protected] weise, nur mit ausdrücklicher Genehmigung des ­Verlags.

J Printing Boschen Offsetdruck GmbH, Frankfurt/M next issue of commerce germany: May 16, 2013 ISSN 0010-2857 Advertising closing date: April 18, 2013 Our topics will include: J Index of companies Alvarez & Marsal 8 Sustainable Urban Development Eisenmann AG 11 EquityGate Advisors GmbH 21 AmCham Germany Business Barometer 2013 Ernst & Young GmbH 7 Noerr LLP 7 Investment Region: Lower Saxony Oppenhoff & Partner 21 Siemens AG 12 Contact: Contact: United Parcel Service Deutschland Inc. & Co. OHG 24 Sabine Karbowy Barbara Böhnke T +49 6190 889640 T +49 33398 679725 J Advertiser’s index Alvarez & Marsal Deutschland GmbH 28 M +49 171 7579768 M +49 178 7988882 Basten GmbH 3 F +49 6190 889641 F +49 33398 679724 Debevoise & Plimpton LLP 9 E [email protected] E [email protected] Dow Deutschland, Inc. 2 Rechtsanwältin Ellen von Geyso 17

26 commerce germany February 2013 chamber calendar

AmCham Germany 2013 March 5 March 8 March 14 event highlights Expert Briefing: PwC Expert Briefing Expert Briefing: KPMG Please see www.amcham.de Series: International Tax Countering the Global Topic: US-Investitionen for the latest updates Highlights Slowdown: Optimizing in Deutschland: Aktuelle Topic: 2013 – ein Jahr der Talent and Operational Steuerrechtsentwicklungen Steuererhöhungen? Performance to Create – Steuerplanung Competitive Advantage (More information on p. 23.) (More information on p. 23.) (More information on p. 23.) Light blue = events wholly or partially in English Leipzig Frankfurt/M Frankfurt/M

March 20 March 20 April 22

Business Luncheon First day of spring Expert Briefing: PwC

Prof. Andreas Schlüter Series: International Tax Generalsekretär Highlights Stifterverband für die Deutsche Wissenschaft

(More information on p. 23.)

Düsseldorf Frankfurt/M

May 27 June 7 June 7-8

Memorial Day Board of Directors Meeting 110th Annual Membership Meeting Federal holiday in the US (Board, Patron and Executive Members only) All members invited to attend

Munich Munich

June 28 July 4 Sept. 18 Sept. 19

Summer Barbecue Independence Day Business Luncheon Board of Directors Meeting

Federal holiday in the US Frank Riemensperger (Board, Patron and Vorsitzender der Executive Members only) Geschäftsführung Accenture Deutschland

Düsseldorf Düsseldorf Stuttgart

Nov. 13-14 Nov. 28 Dec. 5

Seventh Annual Thanksgiving Dinner Board of Directors Meeting Transatlantic Business Conference (Board, Patron and Executive Members only)

Frankfurt/M Düsseldorf Berlin

February 2013 commerce germany 27