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* Carsten Alting

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Henry M. Burwell

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INTERNATIONAL BUSINESS AND TRADE

Agriculture

U.S.:

• The U.S. FDA issued a draft ruling declaring meat and milk from clones of cattle, pigs, and goats and their offspring may be sold without special labeling (12/29/2006 p.1, FT)

Export Controls

U.S.:

• The U.S. Department of Commerce is undertaking a comprehensive review of the current list of high technology products subject to export controls (23 ITR 1794; 12/21/06)

IMMIGRATION

Congress Passed the Creating Opportunities for Minor League Professionals, Entertainers and Teams Through Legal Entry Act of 2006 (COMPETE Act of 2006)

• Authorizes certain athletes to be admitted temporarily into the U.S. to compete or perform in an athletic league, competition or performance (amending INA Section 214(c)(4)(A)); (83 IR 2682; December 18, 2006)

DHS Secretary Chertoff Comments on “Operation Wagon Train”

December 13, 2006

• On December 12, 2006 DHS conducted multi-state employment authorization raids on Swift & Company, a major meat packing company

• DHS issued warrants in six states arresting 1,282 workers taking a tough stance against sites that allegedly employ illegal aliens and individuals that commit or facilitate identity theft or fraud

• NewsHour (PPS Television) reported as few as 5% of the 1282 persons taken into custody by ICE actually involved individuals charged with identity theft (83 IR 2685; December 18, 2006)

BALCO Rejects Business Office Locale as Basis for LCA Applications

• Labor Certification Applications for software engineers filed from Delaware where the office was setup to support the filing for the applications were properly denied when bonafide positions did not exist within the State (83 IR 2692; December 18, 2006)

Title VI Employment Discrimination Action Bars Immediate Mandate for Completion of Form I-9

• U.S. District Court for Northern District of Illinois issued an emergency protective order barring the defendant employer from requiring employees to complete I-9 forms on grounds the plaintiffs must be protected from alleged intimidation and may potentially deter them from asserting their Title VII Rights Under the Civil Rights Act of 1964 (E.E.O.C. v. City of Joliet, 2006 WL 342 1831; ND ILL 2006; 83 IR 2701; December 18, 2006)

DHS Authorized Issuance of Rule to Extend Status of Certain F and J Visa Holders Pending Maturity if H1-B Validity Date (83 IR 2712; December 18, 2006)

DHS Announces Program to Increase Security Measures for Use of the Visa Waiver

• A program will be developed to request congressional support to approve country participation in the Visa Waiver Program (VWP) that requires development of electronic travel authorization for VWP travelers

• Travelers will be required to give advance notice of their travel plans to the U.S. and in exchange the traveler will be given electronic authorization to enter (83 IR 2581; December 4, 2006)

Premium Processing for EB1-Applicants

• Effective November 13, 2006 Form I-140 Immigrant Petition may be processed under the Premium Processing Service Program using Form I-907 (83 IR 2454; November 13, 2006)

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Intellectual Properties

China:

• The Motion Picture Association of America and Business Software Alliance reached a memorandum of understanding with the National Copyright Administration of China to crack down on internet piracy (23 ITR 1786; 12/21/06)

Export Controls

U.S.:

• The U.S. joined 40 member countries of the Wassenaar Arrangement to stiffen restrictions on exports of intangible technology to nonmember nations to include technical data transferred by intangible means such as blueprints, plans, diagrams, models, formulae and tables for the development, production or use of controlled products (23 ITR 1788; 12/21/06)

Government Procurement

WTO:

• The U.S. USTR asserts forthcoming revisions to the Government Procurement Agreement (GPA) will make requirements clearer and guarantee fair conditions of international competition for government procurement at central and subcentral levels to prohibit discriminatory treatment between local and foreign suppliers from different countries (23 ITR 1788; 12/21/06)

Chemicals

EU:

• The European Parliament approved REACH that lays the groundwork for comprehensive regulation of chemicals with enactment scheduled for June 1, 2007 and the establishment of the European Chemicals Agency (ECA) to operate the system by the end of the year (23 ITR 1798; 12/21/06)

Automotive

Mexico:

• Argentina and Mexico signed a deal for duty-free trade on auto parts (23 ITR 1740; 12/7/06)

Bilateral Agreements

U.S.:

• An agreement was signed by the U.S. with Lebanon to promote greater bilateral trade and investment (23 ITR 1745; 12/7/06)

LEGISLATIVE & LEGAL DEVELOPMENTS

Immigration

U.S.:

• ICE proposes a rule to amend the regulations relating to unlawful hiring or continued employment of unauthorized foreign nationals (83 IR 2711; December 18, 2006)

• HR 1285 that extended the Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 was adopted unanimously by the Senate (83 IR 2656; December 11, 2006)

Customs

EU:

• The European Parliament approved plans to overhaul the European Union Community Customs Code (23 ITR 1799; 12/21/06)

Trade Policy

U.S.:

• HR 6406 conferring permanent normal trade relations (PNTR) for Viet Nam was approved by the Senate and adopted by HR 61111 (23 ITR 1753)

PROTECTION AGAINST TERRORISM

Customs

U.S.:

• DHS and DOE announced initiation of Phase I of the Secure Freight Initiative to scan containers for nuclear and radiological materials originating in overseas ports beginning at foreign ports in Pakistan, Honduras, United Kingdom, Oman, Singapore and Korea (23 ITR 1792; 12/21/06)

Sources: IR - Interpreter Releases, Federal Publications, Inc.; Financial Times (FT); 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 2007

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

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