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Henry M. Burwell

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buzz.burwell@nelsonmullins.com

Carsten Alting

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John C. McElwaine

(843) 720-4302

john.mcelwaine@nelsonmullins.com

Washington DC Office

George B. Wolfe

(202) 742-4564

Thomas F. Bardo
(202) 712-2817

Columbia Office

P. Mason Hogue

(803) 733-9417

Atlanta Office

* Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Greenville Office

Henry M. Burwell

(864) 250-2212

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Raleigh Office

Catharine W. Cummer

(919) 877-3805

Charleston Office

John B. Hagerty

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John C. McElwaine
(843) 720-4302
 

Newman Jackson Smith

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Winston-Salem Office

Denise M. Gunter

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Myrtle Beach Office

Thomas F. Moran

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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Sanctions

Mexico:

• Starwood Hotels & Resorts Worldwide will be fined $500,000 for the expulsion of Cuban officials from the Mexican based hotel Maria Isabel Sheraton for breaking a Mexican law in the extraterritorial application of United States sanction laws (23 ITR 284: 2/23/06).

Dumping

US:

• An agreement has been reached with Mexico to allow increased exports of Mexican cement to be distributed regionally in the southern tier of the United States to a limit of a three million metric tons at an antidumping duty rate of $3.00 per metric ton to assist in building shortages (23 ITR 141: 1/20/06).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investment

India:

• A series of new measures have been announced to increase and streamline Foreign Direct Investment (FDI) to allow companies to market their products under single global brand names and set up majority owned store operations in the country (23 ITR 136: 1/26/06).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Immigration

• The U.S. Court of Appeals for the Second Circuit held the Board of Immigration Appeals denial of cancellation of removal was a discretionary decision depriving it of jurisdiction to review the claim under the REAL ID Act of 2005. De La Vega v. Gonzalez, 2006 WL 201497 (2d Cir. 2006)(83 RI 304; February 13, 2006).

• The DOL proposed a rule to change the labor certification program to eliminate the substitution of alien beneficiaries on permanent labor certification applications (83 1B 306; February 13, 2006).

Trade

US:

• S. 2267 would withdraw normal trade relations treatment from the Peoples Republic of China (Dorgan and Graham).

Trade Adjustment

US:

• The finding of the U.S. Labor Department that software code must be a physical medium to be considered an “article” for the purposes of trade adjustment assistance under the Trade Adjustment Act was contrary to positions taken by other agencies specializing in customs and trade matters (Former Employees of Computer Sci. Sor. v. US DOL, Ct. Int’l Trade, No. 04-00149 (Slip Op. 06-17, 1/27/06)(23 ITR 179 2/2/06).

Customs

US:

• The U.S. Court of Appeals for the Federal Circuit said that a drawback claimant was entitled to “treatment” previously accorded by the Customs Service to a substantially identical transaction of another party where the Service had failed to follow the rulemaking Notice and Comment procedures provided in 19 USC Sect. 1625 (California Industrial Products Inc. v. US, Fed. Cir. No. 05-1087, 2/1/06; 25 ITR 250: 2/16/06).

Export Controls

US:

• A Dallas computer business owner will serve six years in prison for selling and shipping computers to customers in Syria and Libya in violation of the Export Administration Regulations and Libyan Sanction Regulations (US v. Elashi, ND Texas, No. 3: 02 CR 052-L; 23 ITR 183; 2/2/06).

IMMIGRATION

US DOL Exclusive Jurisdiction Over Degree Equivalency Determination

• Grace Korean United Methodist Church v. Chertoff, Case No. CV04-1849-PK 11/03/05; 11 IB 01/01/06 U.S. District court held that the denial of the Nebraska Service Center of an I-140 underpinned by approved labor certification wherein the beneficiary had the education requirement of the equivalent of a bachelor’s degree, the Immigration Service had no power to define the job qualifications set forth in the labor certification which was the exclusive province of the U.S. Department of Labor (DOL) as the agency responsible for reviewing and adjudicating the labor certification.

E-3 Australian Specialty Occupation Worker and Employment Authorization Visa Classification

• Revisions to the Adjudicator’s Field Manual (AFM) Chapters 34.1 and 34.6 were made effective December 15, 2005 to provide guidance to the field on the implementation of the specialty occupation requiring possession of a bachelor’s degree or higher degree.

• The initial term for the visa classification is two years and an extension may be granted indefinitely in increments not exceeding two years each (11 IB 130: 2/1/06).

PROTECTION AGAINST TERRORISM

Customs

US:

• The GreenLane Maritime Cargo Security Act (S.2008) would direct the Department of Homeland Security to set up minimum security standards for incoming rail, aviation, motor carrier cargo to enhance security by improving examination of shipments before they reach the shores of the U.S. through evaluation, screening and inspection of cargo destined to the U.S. prior to loading in a foreign port (22 ITR 1924: 12/01/05); (23 ITR 230: 2/16/06).

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.

has offices located in

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