Volume 10, Number 3          In Memoriam of the Victims of Terrorist Attacks                March 2004

 

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

Trade

 

         Iraq:

  • The World Trade Organization (WTO) granted observer status to Iraq as a first step toward an eventual application for membership (21 ITR 333; 2/19/04).

Dumping


         U.S.:

  • The International Trade Commission (ITC) voted to continue anti-dumping cases against shrimp exports from China, Brazil, Ecuador, India, Thailand and Vietnam (21 ITR; 2/19/04).

  • The ITC will continue the anti-dumping case against Yamaha and other Japanese producers of outboard engines (21 ITR 368; 2/26/04).

Intellectual Property


        WIPO:

  • The World Intellectual Property Organization (WIPO) patent application office permits electronic filing since February 12, 2004 for all 123 signatory states of the Patent Cooperation Treaty (21 ITR 307; 2/19/04).

Taxation


        EU:

  • Extra duties of 5 percent have been levied on the list of U.S. products beginning March 1, 2004 after the World Trade Organization ruled the Extraterritorial Income Exclusion Act (ETI) was determined to be an illegal export subsidy and the rate shall rise at 1 percent per month for 12 months until the ETI is repealed (21 ITR 437; 3/11/04).

Antitrust


         EU:

  • The European Commission imposed a $612 million fine on Microsoft for alleged wrongful "bundling" of media-playback software (The Economist, p. 14, 3/27/04)

         Thailand:

  • A plan is being developed to cut corporate income taxes to streamline the excise tax system in the automobile sector (21 ITR 322; 2/19/04).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Agreements


         Dominican Republic:

  • Negotiations were concluded with the United States to integrate the Dominican Republic into the Central American Free Trade Agreement (CAFTA) with members Costa Rica, El Salvador, Nicaragua, Honduras and Guatemala (21 ITR 492; 3/18/04).

         U.A.E.:

  • The United Arab Emirates signed a bilateral trade and investment agreement with the United States (21 ITR 504; 3/18/04).

        Netherlands:

  • The 1993 income tax treaty with the United States was updated (21 ITR 440; 3/11/04).

        Morocco:

  • A bilateral free trade agreement was entered with the United States to promote trade investment (21 ITR 411; 3/4/04).

Investments


        U.S.:

  • Foreigners vastly increased investments in the United States in the fourth quarter last year raising the total from $3 billion in 2002 to $12.5 billion in 2003 (21 ITR 476; 3/18/04).

IMMIGRATION

Department of State Guidance on Potential L Visa Abuse

  • The Department of State released a cable February 14, 2004 to all posts to focus the attention of the visa examiner on the existence of an employer-employee relationship pursuant to 9 FAM 41.54 N9 to ensure the employer has the right to order and control the employee in the performance of his work including the possession of the authority to engage or to discharge the employee as strong evidence of the existence of the employer-employee relationship required under the L visa (81 IR 313; March 8, 2004).

Mexican Citizen Application for Professional TN/NAFTA Visa Changed

  • Since January 1, 2004, Mexican citizens may apply at consular sections around the world for a TN/NAFTA professional visa pursuant to the provisions of 9 FAM 41.59 as modified by the text of Department of State Cable No. 2004-State-3646 dated January 7, 2004 (81 IR 314; March 8, 2004).

ITIN Applications Revised

  • Individual Taxpayer Identification Numbers (ITIN) must show a federal tax purpose for seeking a number; the IRS will reduce to 13 from 40 the number of documents it will accept as proof of identity to obtain such a number and the authorization document shall be changed to a letter from a card to avoid the appearance of similarities with the social security card (9 IB 71; 1/15/04).

LEGISLATIVE AND LEGAL DEVELOPMENTS

 

Dumping


        U.S.:

  • HR 3933 was introduced to repeal the Byrd Amendment which allocates tariff duties collected from anti-dumping or countervailing orders to injured U.S. producers (21 ITR 502; 3/18/04).

Immigration


         U.S.:

  • H.R. 3918 (Comprehensive Immigration Fairness Reform Act 2004) would make INA Section 245(i) of the Immigration Nationality Act a permanent statute address visa backlogs and provide protection against unfair immigration related employment practices (81 IR 357; 3/15/04).

Taxation


        U.S.:

  • S.1637 Jumpstart Our Business Strength (JOBS) repeals the export subsidy contained in the export tax regime of the United States deemed illegal by the WTO (21 ITR 429; 3/11/04).

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.

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