For More

 Information Contact

Greenville Office

Henry M. Burwell

Editor

(864) 250-2212

ZZ@NMRS.COM

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Atlanta Office

* Dr. Christoph Rückel

Rechtsanwalt

(404) 817-6226

Tycho H. E. Stahl

(404) 817-6122

** Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Columbia Office

P. Mason Hogue

(803) 733-9417

Myrtle Beach Office

Thomas F. Moran

(843) 946-5652

Charleston Office

John B. Hagerty

(843) 720-4308

Newman Jackson Smith

(843) 720-4309

www.nmrs.com

* Registered as a foreign law consultant in Georgia and is admitted as an attorney in Germany

** Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Chile:

• The Chilean Senate approved the U.S.-Chile Free Trade Agreement scheduled to go into effect in January 2004 (20 ITR 1803; 10/30/03).

Automotive

Japan:

• Domestic sales of imported autos manufactured by non-Japanese companies slipped 7.3 percent in October 2003 (20 ITR 1921; 11/20/03).

Sanctions

U.S.:

• Both the Senate and the House have approved versions of H.R.1828 to require the President to impose economic sanctions against Syria if it refuses to withhold its support for terrorism (20 ITR 1889; 11/13/03).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements

Mexico:

• The government will stop expanding its network of trade treaties until the country insures that current trade agreements are being adequately exploited (20 ITR 1924; 11/20/03).

Chemicals

U.S.:

• The Globally Harmonized System of the Classification and Labeling of Chemicals (GHS) is not expected to be ready by 2008 as proposed by the Intergovernmental Forum on Chemical Safety (IFCS) (20 ITR 1871; 11/13/03). 

Intellectual Property

U.S.:

• The requirements for electronic transmission of documents associated with trademark applications under the Madrid Protocol will be temporarily postponed (20 ITR 1783; 10/30/03).

Investment

Iraq:

• The Iraqi-American Business Association with offices in Southern California and Baghdad has joined the International Chamber of Commerce (20 ITR 1933; 11/20/03).

IMMIGRATION

Machine-Readable Passport Deadline Delayed

• Visitors from countries participating in the Visa Waiver Program (VWP) may obtain extension on the requirement to produce a machine-readable passport (MRP) if the participating country makes such a request to the Secretary of State (8 IB 1566; October 1, 2003).

Denial of Labor Certification Application for Nurse Ambiguous

• The Bureau of Alien Labor Certification Appeals (BALCA) found the Notice Of Findings issued by the Certifying Officer was ambiguous and did not adequately specify what the employer must show to rebut the findings thereby upholding the employer’s appeal of the denial (Matter of Emanuel Healthcare Center, 2002-INA-135 (June 30, 2003).

Immigrant Petition for Multinational Transferee Manager Approved on Appeal

• (Matter of [name not provided], WAC02 049 52130) (AAO, April 17, 2003) held that the District Director was incorrect in determining a banquet manager was not entitled to an immigrant visa as a multinational transferee stating the Director had misapplied the law because he improperly focused on whether the managers and supervisors working under the beneficiary were professionals and that an individual who functions as a supervisor or a manager need not also occupy a professional position (80 IR 1556; November 10, 2003).

Social Security Issues Final Rule Limiting SSN Issuance to Aliens Lacking Work Authorization

• 20 CFR § 422.104 modifies existing regulations regarding the assignment of a SSN for a “valid non-work reason” when a foreign national does not have evidence of work authority (80 IR 1482; October 27, 2003).

Metals Buyer Was Determined To Be A Specialty Occupation By The AAO.

• The AAO found an H1-B visa classification appropriate in accepting academic evidence from a professor of mechanical engineering and a metallurgy professor in its determination that it is a standard industry requirement within the field of metals assessment and management for a metals buyer to have a bachelor’s degree in metallurgical engineering or a related field (80 IR 1484; October 27, 2003).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Procurement

U.S.:

• H.R.1588 eliminated the “Buy America” language in the 2004 Defense Authorization Bill (20 ITR 1905; 11/20/03).

Chemicals

EU:

• The European Commission issued its final proposal for new chemical regulations requiring chemical companies seeking to market products in the European Union to get varying degrees of regulatory approval affecting more than 30,000 different chemicals (20 ITR 1833; 11/6/03).

International Finance

U.S.:

• S.1586 which places a 27.5 percent tariff on all imports from China in retaliation for its fixed currency exchange rate is opposed by U.S. business groups as violative of the U.S. obligations in the WTO (20 ITR 1879; 11/13/03).

Tax

U.S.:

• The Extraterritorial Income Exclusion (ETI) Act is expected to pass by the end of the year by reconciliation of H.R.2896 and S.1637 (20 ITR 1913; 11/20/03). 

Immigration

U.S.:

• The Senate unanimously passed the Dream Act (S.1545) on November 25, 2003 to allow certain college students to regain status and apply for permanent residency.

Tariff Classification

U.S.:

• An article must have a direct association with and a limited use to a particular holiday occasion to meet the criteria for classification as a “festive article” according to the U.S. Court of Appeals for the Federal Circuit held in Park B. Smith Limited v. United States, Fed. Cir., No. 01-1578-1586, 10-21-03 (20 ITR 1849; 11/6/03).

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 2003

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

has offices located in

Charleston, Columbia, Greenville, and Myrtle Beach, South Carolina

Atlanta, Georgia; Raleigh, Winston-Salem, Charlotte, North Carolina

1-800-237-2000                                           www.nmrs.com