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INTERNATIONAL BUSINESS AND TRADE

Agriculture

EU:

The European Commission launched an investigation of U.S. oil seed producers in the EU alleging that the U.S. government is illegally subsidizing the U.S. oil seed industry in violation of the World Trade Organization Agreement on Subsidies and Countervailing Measures (SCM) (20 ITR 510; 3/20/03).

China:

The Ministry of Agriculture has extended the period through which genetically modified organism (GMO) products, like soybeans, may be imported into China, moving the deadline from September 20, 2003, to April 20, 2004 (20 ITR 473; 3/13/03).

Customs

EU:

The European Union (EU) member states have given a mandate to the European Commission to negotiate a customs and security control accord for the shipment of cargo and containers. Such an accord would replace the bilateral agreements between the eight member states and the United States that have been signed in the past six months (20 ITR 511; 3/20/03).

U.S.:

The U.S. Customs Service amended its rules to allow importers to submit a single entry to cover one shipment split by the carrier into multiple parts that entered the United States separately (68 Fed. Reg. 8713/Feb. 23, 2003) (20 ITR 423; 3/6/03).

Automotive

Vietnam:

The Ministry of Finance (MOF) has agreed to temporarily drop its plan to impose steep duties on imported automobile parts (20 ITR 518; 3/20/03).

Intellectual Property

EU:

The member countries have adopted an agreement for an EU-wide patent scheme that will reduce costs of companies seeking protection of intellectual property (20 ITR 471; 3/13/03).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investments

Afghanistan:

An investment law has been approved to protect domestic and international investments (20 ITR 480; 3/13/03).

IMMIGRATION

U. S. Federal District Court Enjoins

 INS Upon Denial of H-1B Petition

The USDC for the District of Columbia granted a preliminary injunction preventing the INS from removing an alien in a suit challenging the discretionary denial of the INS under 8 CFR 214.1(c)(4) when the petition was filed two months late (Evangelical Lutheran Church in America v. INS, No. 02-1297 (DDC October 5, 2002) (80 IR 319; March 3, 2003).

INS Denial of Petition for

Alien Worker of Extraordinary Ability Seeking Immigrant Status

Reversed by Administrative Appeals Office (AAO)

A U.S.-based publication’s sponsorship of an extraordinary ability athlete to run marathon races in the United States was sufficient to warrant AAO reversal of the INS Vermont Service Center’s denial on the grounds the petitioner would be able to make a living in his area of expertise, even though the athlete intended to run a fitness school in the United States, which activity was outside his claimed area of expertise: marathon running.  The Russian-American publication had agreed to pay the petitioner $750 per day per running event to wear their logo, and expected to pay the petitioner between $22,500 and $30,000 a year (Matter of . . . , AAO December 10, 2002) (80 IR 276; February 24, 2003).

Curricular Practical Training

A student who receives a year of curricular practical training (CPT) of more than 20 hours per week or two years of CPT of 20 hours or less per week, is prohibited from receiving post-completion training.

Part-time practical training is deducted from available practical training at one-half the full-time rate for any amount of curricular practical training at or under 20 hours (80 IR 211; February 10, 2003).

Final Rule Regarding

J-1 Waiver Sponsorships for Physicians

The Department of Health and Human Services (HHS) issued an interim final rule December 19, 2002 amending existing regulations to permit the HHS to act as an interested government agency for receiving requests for J-1 home residency waivers for foreign physicians (80 IR 43; January 13, 2003).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Exports

U.S.:

S.149 would reform the U.S. system of controlling exports of sensitive technology providing the Homeland Security Department, Secretary of State, and Department of Defense with a lead decision-making role (20 ITR 450; 3/13/03).

Trade

U.S.:

H.R. 1047 would allow Generalized System of Preferences (GSP) beneficiaries such as Pakistan, Nepal, Egypt, Turkey and Morocco to ship certain handmade rugs to the United States free of duty (20 ITR 418; 3/6/03).

Legislative

Trade

Russia:

S.580 is to normalize trade relations by repealing the Jackson-Vanik Amendment to the 1974 Trade Act which denies permanent normal trade relations with Russia (20 ITR 466; 3/13/03).

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

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