International Law Bulletin - Vol. 16, No. 10
In Memoriam of the Victims of Terrorist Attacks
Vol. 16, No. 10 — October 2010
INTERNATIONAL BUSINESS AND TRADE
The World Trade Organization (WTO) rejected several claims of China against U.S. practices including the assertion that imposition of both anti-dumping and countervailing duties by the US on a single producer constituted an illegal double remedy (27 ITR 1624; 10/28/10).
The International Trade Commission (ITC) authorized the imposition of combined anti-dumping and countervailing duties on coated paper from China ranging up to 313.8% and up to 38% on the same product from Indonesia (Coated Paper from China and Indonesia, ITC); (27 ITR 1653; 10/28/10).
The European Chemicals Agency (ECHA) will begin inspecting companies that purchase chemicals to prepare formulations such as paints, dyes and industrial compounds (27 ITR 1636; 1`0/28/10).
The Bureau of Industry and Security (BIS) issued a final rule revising the EAR to harmonize the Commerce Control List with changes to the list of "dual-use" goods and technologies agreed by the participants in the multi-lateral Wassenaar Arrangement (75 Fed. Reg. 54271; 9/9/10; 27 ITR 1589; 10/21/10).
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Foreign Direct Investment
The UN Conference on Trade and Development (UNCTAD) projects 2010 to conclude as a "stagnant year" with risk factors like a possible international "currency war" dampening prospects for investment in world markets (27 ITR 1632; 10/28/10).
Framework agreements have been reached with Turkey to set up foreign direct investment promotion programs (27 ITR 1635; 10/28/10).
Preferential tax treatment to investors in the Skolkovo Innovation Center would establish that an investor shall be exempt from profit tax, property tax and value added tax for 10 years (27 ITR 1514; 10/7/10)(27 ITR 1513; 10/7/10).
"Portability Under the American Competitiveness Act"
An applicant of Kuwait seeking to adjust his status to permanent resident was denied on the grounds that the underlying Petition for Permanent Residence was eventually denied notwithstanding the Petition had not been adjudicated for over 180 days thereby establishing the principle that an Application for Adjustment of Status (Form I-485) will not be approved if the underlying Petition is denied after the Application is pending for 180 days (Matter of AL WAZZAN, 25 I&N Dec. 359) (AAO 2010).
"Corporate Nationality in Naturalization Proceedings"
In a naturalization proceeding, an employee need not prove his employer is a U.S. person when the applicant is proving "continuity of presence" while on an "ex-pat" assignment when the employer is a publicly held corporation incorporated in the United States and trades its stock exclusively on U.S. stock markets (Matter of CHAWATHE, 25 I&N Dec. 369) (AAO 2010).
FY 2011 H-1-B Cap Count
As of October 22, 2010 the USCIS had received approximately 44,300 H-1-B petitions subject to the H-1B cap count towards the total 65,000 annual numerical limitation and 16,200 H-1-B petitions for beneficiaries with advanced degrees subject to the cap count of 20,000 visas under the advance degree exemption (Jamilia Smith/NMRS; www.dhs.gov).
USCIS To End Concurrent Filing Of Adjustment Applications For Religious Workers
As of November 8, 2010, USCIS will no longer accept I-485 applications with applications for employment authorization and travel documents filed concurrently with or based on pending I-360 petitions for individuals seeking classification as special immigrant religious workers (Form I-360); (Jamilia Smith/NMRS; www.dhs.gov).
LEGISLATIVE AND LEGAL DEVELOPMENTS
The U.S. Court of Appeals for the Federal Circuit affirmed the lower court ruling that the authority of the U.S. Trade Representative (USTR) to impose retaliatory duties in the European Union beef hormone dispute expired July 29, 2007 (Gilda Industries, Inc. v. U.S. Fed. Cir. No. 2009-1492, 10/13/10; 27 ITR 1649; 10/28/10).
US: The Shipping Act of 2010 (H.R. 6167) would eliminate anti-trust immunity for Ocean Carrier Agreements (27 ITR 1589; 10/21/10).
Federal Law No. 271 – FZ amended existing law on circulation of medicines to improve protection of intellectual property rights in line with the WTO accession pledges of Russia (27 ITR 1596; 10/21/10).
US: The Jobs Through Procurement Act (H.R. 6262) would close loopholes through enforcement of current domestic sourcing requirements particularly with respect to certifications of products to be sold to the government that such products are not made with child labor from overseas and would enforce compliance with various provisions of the Buy-American Act (27 ITR 1545; 10/14/10).
Commerce Department (BIS) requests comments from the public on the experience and understanding of small and medium size enterprises (SMEs) concerning compliance with export controls under the Export Administration Regulations (EAR) (75 Fed. Reg. 61706; 27 ITR 1546; 10/14/10; public comments at www.bis.doc.gov).
H.R. 6252 would end the dumping of electronic waste in certain developing countries by prohibiting exports to destinations that are not part of the OECD or the EU (27 ITR 1511; 10/7/10).
CBP has formerly withdrawn the "First-Sale" Rule for Merchandise Appraisement (27 ITR) 1509; 10/7/10).
Sanctions – Government Procurement
The Federal Acquisition Regulations (FARS) have been amended with a new subpart 25.7 which sets forth a requirement for a certification that a firm does not engage in sanctionable activity with Iran and includes subsidiary companies in the certification (27 ITR 1528; 10/7/10).
PROTECTION AGAINST TERRORISM
Ten federal agencies have agreed to establish principles to govern safety of imports into the U.S. to protect consumers by placing on-line scanned and transmitted images of documents and manifests filed for the importation of goods (27 ITR 1629; 10/28/10).
The Central Bank Anti-Money Laundering Unit signed a non-binding memorandum of understanding with the Dubai Multi-Commodities Exchange and the Dubai Gold and Commodities Exchange which trade in precious metals and energy related goods and services to encourage transparency and compel free trade zones to share information on activities having suspected links with terrorism or money laundering activities in further support of the U.S. and U.N. sanctions against Iran to stem flow of illicit activity in financial networks and block material used for uranium enrichment and other terrorist activities arising in Iran (27 ITR 1576; 10/14/10).
Sources:BLR- Bloomberg Law Reports Antitrust & Trade; BNA - BNA, Inc.Highlights: International Trade Daily (ITD), International Trade Reporter (ITR), International Trade Reporter Decisions (ITRD), TMIJ-Tax Management International Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; TE - The Economist Magazine; GATM - German American Trade Magazine of the German American Chamber of Commerce; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; International Law News, ILN (American Bar Association); Nishith Desai Associates FEMA Hotline(firstname.lastname@example.org); LB- LehmanBrown China Business Insights International Accountants.
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.