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INTERNATIONAL BUSINESS AND TRADE

Sanctions

Burma:

• The U.S. passed legislation by voice vote extending economic sanctions on Myanmar for up to three more years (23 ITR 1167).

IMMIGRATION

USCBP Introduces the Air Carrier Liaison Program to Provide Airline Staff with Training and Identification of Fraudulent Documents (83 IR 2110; October 2, 2006)

An Application for Labor Certification Shall be Denied Where a U.S. Applicant is Rejected Based Upon General Content of a Resume but not an Interview

• Employer required two years of experience as an operator of food processing machines or food processing

• Applicant’s resume showed ten years as a material manager for food machinery company

• Employer rejected the applicant but did not conduct an interview

• Employer is obligated to contact and investigate the qualifications of a candidate in order to show good faith effort in recruiting a U.S. worker (Matter of O’Tasty Foods 2005 INA–170 (BALCA September 21, 2006)(83 IR 2106; October 2, 2006)

Absence of Stated Credential in Workers’ Application for Position May not Support Rejection as a Lawful Job-Related Reason

• Employers should contact an applicant to ascertain if he has a four-year degree when not stated in the resume where other content suggests it is a reasonable possibility that person has the necessary education

• Where a resume indicates extensive experience in many of the duties described, employer has a duty to investigate the applicant with respect to experience and credentials (Matter of Network Providers’ Home Health, Inc., 2005 INA–176 (BALCA September 21, 2006)(83 IR 2107; October 2, 2006)

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Trade Policies

U.S.:

• The Senate Finance Committee extended Permanent Normal Trade Relations (PNTR) status to Viet Nam (23 ITR 1161; 8/3/06).

Foreign Investment

U.S.:

• Foreign Direct Investment (FDI) declined from the 2004 figure of $122.4 billion to $99.4 billion whereas worldwide FDI jumped 27% with notable increases where regulatory reforms occurred favorable to investors and notable moves in the opposite direction following political protests in regulatory bodies such as the U.S. Congress (23 ITR 1494; 10/19/06).

LEGISLATIVE & LEGAL DEVELOPMENTS

Export Controls

U.S:

• DOC requests comments on export controls by November 22, 2006 (Publiccomments@bis.doc.gov with FPVEC in the subject line 23)(ITR 1530; 10/26/06).

• Validated End-Users (VEUs) status could be conferred on certain end-users in foreign countries such as China to relax restrictions on exports of currently controlled high technology products but would be coupled with tightening restrictions on certain machine tools, computers and telecommunications equipment that could be used to enhance Chinese military capability (23 ITR 1504; 10/19/06).

Trade Adjustment Assistance

U.S.:

• USDOL proposes a major rule implementing the Alternative Trade Adjustment Assistance Act (ATAAA) for Older Workers over the age of fifty (www.gpoaccess.gov) (23 ITR 1531; 10/26/06)

Court of International Trade

U.S.:

• Taxpayer could not bring an action in the Court of International Trade (CIT) to invalidate USCBP Notice of Action to reclassify imports for lack of court jurisdiction notwithstanding taxpayer claims of financial duress, manifest inadequate remedies and administrative delay inherent in the process (International Customs Products, Inc. v. U.S., Fed. Cir. No. 05-1444, 10/17/06).

Trade

U.S.:

• H.R. 4 closes the “new shipper” loophole under which importers of merchandise from new shippers subject to dumping or countervailing duties could choose to post a bond or security in lieu of a cash deposit of estimated duties (23 ITR 1169).

Foreign Investments

U.S.:

• HR 5337 and S 3549 are separate bills approved last July to reform the foreign investment review process (23 ITR 1512).

Foreign Corrupt Practices

Norway:

• The Norwegian company Statoil ASA agreed to pay the United States Department of Justice a fine of $10.5 million to settle related Securities and Exchange Commission charges for entering an offshore “consulting contract” with an intermediary company in an attempt to influence an official of the Iranian government to secure oil and gas development rights (23 ITR 1517; 10/19/06).

PROTECTION AGAINST TERRORISM

Customs

U.S.:

• HR 4954 to improve U.S. Port Security Act was passed by the House (“SAFE Port Act”) to enhance security in and around port facilities (23 ITR 1426; 20/6/06).

• CBP will open a second National Targeting Center to evaluate cargo shipments for terrorists risk through the automated targeting system.

Sanctions

Iran:

• HR 6198 was signed by the U.S. extending sanctions against non-U.S. companies that invest in the petroleum resources of Iran and requires imposition of sanctions against companies that knowingly provide goods, services, technology, or other items that contribute to the acquisition or development of weapons of mass destruction in Iran thereby amending the Iran and Libya Sanctions Act (ILSA of 1996) (23 ITR 1445; 10/5/06).

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 2006

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

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