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Henry M. Burwell

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Carsten Alting

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George B. Wolfe

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Columbia Office

P. Mason Hogue

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Atlanta Office

* Carsten Alting

Rechtsanwalt

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June Towery

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Charlotte Office

Lawrence J. Scott

(704) 417-3108

Greenville Office

Henry M. Burwell

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John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Raleigh Office

Catharine W. Cummer

(919) 877-3805

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John B. Hagerty

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Newman Jackson Smith

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Denise M. Gunter

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Thomas F. Moran

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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Customs

Canada:

• The Canada Border Services Agency published amendments to implement its Advance Commercial Information (ACI) initiative to harmonize Canadian requirements for advanced notice of imported goods with those of the United States (22 ITR 1732; 10/27/05).

Exports

Brazil:

• Decree 252 issued June 15 containing 20 tax incentive measures for exports and new investments expired without the approval of the Congress (22 ITR 1691; 10/20/05).

Taxation

U.S.:

• The U.S. will appeal the WTO ruling that the American Jobs Creation Act of 2004 continues to provide U.S. firms with illegal export subsidies in violation of earlier GATT and WTO findings (22 ITR 1570; 10/6/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Finance

Viet Nam:

• The State Bank of Viet Nam has liberalized the exchange rate regime to make it easier for foreigners to set up foreign currency accounts and transfer money out of the country (22 ITR 1726; 10/27/05).

Foreign Investments

U.N.:

• Global foreign direct investment increased 2% in 2004 and is expected to grow to 10% in 2005 with the U.S. attracting 96 billion last year compared to the 57 billion registered in the prior year (22 ITR 1623; 10/13/05).

Bilateral Agreements

U.S.:

• The United States and Oman announced agreement on a Bilateral Free Trade Agreement in industrial and customer goods as soon as the expiration of the 90 day congressional notification (22 ITR 1603; 10/6/05).

EU:

• The European Union and the United States concluded an agreement to facilitate trade in wine after 20 years of negotiations (22 ITR 1503; 9/22/05).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Agriculture

U.S.:

• The U.S. Grain Standards Act was passed without a provision to privatize government inspections of U.S. grain exports (S.1582)(22 ITR 1536; 9/29/05).

Imports

• The States of New York, California, Connecticut and Illinois sued the U.S.D.A. to overturn a rule requiring treatment of wooden packaging materials entering the U.S. (New York v. U.S.D.A., SDNY, No. 05-CV-8008, 9/15/05; 22 ITR 1520; 9/22/05).

Investment

• HR 3647 will render nationals of Denmark eligible to enter the U.S. as non-immigrant traders and investors under the E-2 category (82 IR 1594; 10/3/05).

Immigration

U.S.:

• HR 3938 is a bill to provide for comprehensive immigration reform to coordinate the efforts of the Social Security Administration, Internal Revenue Service and the Immigration and Customs Enforcement Agency to detect illegal workers and penalize employers (82 IR 1604; 10/3/05).

IMMIGRATION

USCIS Issues Updates to Adjudicator Field Manual (AFM) Re PERM Regulations

• HQPRD70/6.2.8 entitled “Interim Guidance Regarding the Impact of the Department of Labor’s PERM Rule on Labor Certification Validity, Priority Dates for Employment –Based Form I-140 Petitions, Duplicate Labor Certification Requests and Requests for Extension of H1-B Status Beyond the Sixth Year” provides policy and procedural clarification in the Manual on labor certification validity, determination of priority dates for employment-based I-140 petitions, duplicate labor certification requests, and adjudication requests for extension of H1-B status beyond the sixth year (82 IR 1669; 10/17/05).

• HQPRD70/8.5 entitled “Current Processing of Pending Forms I-140 Schedule A/Group I or II Occupations Missing Evidence of Compliance with U.S. Department of Labor “DOL” Notification/Posting Requirements and Guidance Effective March 28, 2005 pursuant to new DOL regulations at 20 C.F.R. Part 656 Regarding the New Process for Blanket Labor Certification for Schedule A” revises certain chapters of the AFM to provide prospective interim policy guidance regarding the notice of posting required in support of an I-140 petition filed on behalf of Schedule A beneficiaries for March 28, 2005 (82 IR 1669; 10/17/05).

PROTECTION AGAINST TERRORISM

Legislative Initiatives

•  HR 2360 was signed to give the Bureau of Customs and Border Protection (CBP) additional funds to implement the Container Security Initiative (CSI) for inspection of cargo containers bound for the United States in a prescreened inspection and to boost the ability of the agency to conduct supply chain security validations for members of the Customs-Trade Partnership Against Terrorism (C-TPAT) (22 ITR 1711; 10/27/05).

Sources: IR - Interpreter Releases, Federal Publications, Inc.; ITR - International Trade Reporter, Bureau of National Affairs, Inc.; IB-Bender’s Immigration Bulletin; ILT - Immigration Law Today, American Immigration Lawyers Association Monthly Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; KTF - Korea Trade Focus Monthly Newsletter (Korea International Trade Association) TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; MAPI - Manufacturers Alliance Legal Analysis and Regulations; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; TMIJ-Tax Management International Journal, Bureau of National Affairs, Inc.; AILA - American Immigration Lawyer’s Association

International Law Bulletin is an international legal news digest published monthly as a service to Nelson Mullins’ clients and friends.  The articles are summaries of particular developments in the law and are not intended to be a solicitation or to render legal advice. This publication can be considered advertising under applicable laws.  Copyright 2005

Nelson Mullins Riley & Scarborough, L.L.P.

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