Volume 10, Number 11           In Memoriam of the Victims of Terrorist Attacks               November 2004

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INTERNATIONAL BUSINESS AND TRADE

Intellectual Property


WTO:

  • The World Trade Organization issued a preliminary ruling in favor of the complaint by the United States and Australia challenging the European Union protection for Geographical Indications (GIS)(21 ITR 1850; 11/18/04).

U.S.:

  • The Patent and Trademark Office announced availability of forms for submitting documents to the agency under the Madrid Protocol Trademark Treaty (21 ITR 1817; 11/11/04).

Agriculture


U.S.:

  • Certain fruits and vegetables from designated countries will be eligible for importation if specified conditions are met under the Animal and Plant Health Inspection Service (APHIS) according to amended regulations published November 10, 2004 (69 Fed. Reg. 65,053; 21 ITR 1859; 11/18/04).

Exports


U.S.:

  • The U.S. Commerce Department issued new regulations easing government restrictions on “deemed” exports of technology and software that can be used to develop, produce and operate computers and microprocessors (69 Fed. Reg. 64,483 and 64,490) November 5, 2004; (21 ITR 1815; 11/11/04).

Customs


U.S.:

  • The Bureau of Customs and Border Protection (BCP) established regulatory procedures for identifying articles to be used exclusively in product development, testing, evaluation or quality control which are subject to duty-free entry (21 ITR 1818; 11/11/04).

Textiles


U.S:

  • Five petitions from the U.S. textile industry requesting new limits on imports of apparel from China based on the threat that those imports will surge once quotas are removed January 1, 2005 have been accepted for review by the Committee for the Implementation of Textile Agreements (CITA) an interagency group chaired by the U.S. Department of Commerce (21 ITR 1830; 11/11/04).

Internet


U.N.:

  • The United Nations Working Group on Internet Governance has 40 delegates who are struggling to wrest control from the private sector of the internet system run by the Internet Corporation for Assigned Names and Numbers (ICANN) without the endorsement or support of the business community which presages a significant struggle over such issues as SPAM, network security, cyber-crime and the cost of international telecom bandwidth (The Economist, November 20, 2004, page 66).

PROTECTION AGAINST TERRORISM

Aviation


U.S.:

  • The Transportation and Security Administration (TSA) proposed a rule-making to require the adoption of new security measures throughout the air cargo supply chain to apply to airport and aircraft operators, foreign air carriers and indirect air carriers (21 ITR 1857; 11/18/04).

Customs


E.U.:

  • The European Union and the United States have agreed to cooperate further to improve maritime container security in a range of new measures including minimum requirements for European ports participating in the U.S. Container Security Initiative (CSI)(21 ITR 1863; 11/18/04).

IMMIGRATION

Committee on Homeland Security and Governmental Affairs

  • Senate Resolution 445 passed October 13, 2004 gave the Senate Governmental Affairs Committee new focus and jurisdiction over the Department of Homeland Security and concurrent jurisdiction with the Coastguard, U.S. Customs, Immigration agencies and Transportation Security Administration (21 ITR 1823; 11/11/04).

  • Sen. Susan Collins (R-Maine) is returning Chairwoman and Sen. Joseph Lieberman (D-Connecticut) is the ranking Democratic member (21 ITR 1823; 11/11/04).

Temporary Employment (H1-B1 visas) of Chile and Singapore

  • A. U.S. employer seeking to employ a professional from Chile or Singapore must submit a labor attestation to the U.S. Department of Labor as required under the existing H1-B program.

  • H1-B1 visas will be valid and renewable for one year with visa renewals beyond three years requiring the filing of a new labor attestation (69 Fed. Reg. No. 225, November 23, 2004).

Electronic Storage of Form I-9 Approved

  • HR 4306 was signed into law to permit U. S. employers to store employment verification (I-9) forms electronically.

L1 Visa (Intracompany Transferee) Reform Act of 2004

  • INA Section 214(c)(2) will prevent an L1-B(specialized knowledge) visa holder from being primarily stationed at the worksite of another employer in cases where such persons will be controlled and supervised by an unaffiliated employer or the placement is at a third party site as part of an arrangement to provide labor for the third party in connection with the provision of a product or service involving specialized knowledge specific to the petitioning employer (AILA InfoNet Doc. No. 04112210/22 November 04).

Treaty NAFTA (TN) Schedule of Professionals Amended

  • Actuaries and plant pathologists have been added to Appendix 1603.D.1 of NAFTA (Fed. Reg. 60,939, vol. 69, October 13, 2004).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Trade


U.S.:

  • HR 1047 Miscellaneous Tariff Bill is endorsed by 70 senators for signature during the lame-duck session (21 ITR 1856; 11/18/04).

Immigration


U.S.:

  • A notice of proposed rulemaking (NPRM) informs the public that the U.S. Immigration Service (USCIS) will remove from the current regulation mandatory Requests for Evidence (RFEs) issued when initial evidence is deemed insufficient and deadlines will be set by USCIS according to case type (Fed. Reg. Vol. 69, #229, Nov. 30, 2004, p. 69, 553).

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 2004

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

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