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INTERNATIONAL BUSINESS AND TRADE

Textiles

WTO:

·      The World Trade Organization Disputes Settlement Panel issued a preliminary ruling dismissing a complaint filed by India against U.S. rules of origin for textile and apparel products (20 ITR 676; 4/17/03).

Information Technology

China:

·      New regulations require Internet search engines to meet basic technical standards that may enable governmental agencies to restrict the entry of foreign companies (20 ITR 702; 4/24/03).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Customs

France:

·      The Port of Marseille joined the U.S. Bureau of Customs Container Security Initiative to prevent terrorists from using cargo containers to attack the United States (20 ITR 675; 4/17/03).

Free Trade Agreements

Singapore:

·       The Free Trade Agreement (FTA) proposed for Singapore established an “integrated sourcing initiative” allowing two Indonesian islands to assemble components from Singapore into electronic products to be shipped duty free to the United States without having to adhere to provisions on labor rights. The Agreement permits 5,400 professionals to be granted entry into the United States each year in a new visa category (20 ITR 600; 4/3/03).

Foreign Investment

China:

·      Foreign Exchange Authorities are expanding the pilot program to a nationwide system to permit streamlined procedures for outbound investment by Chinese companies that want to invest in foreign enterprises abroad (20 ITR 678; 4/17/03).

India:

·      New guidelines have been issued limiting foreign direct investment to 26 percent ownership in Indian news and current affairs television channels (20 ITR 606; 4/3/03).

IMMIGRATION

Board of Immigration Appeals (BIA) Decisions:

·      A foreign national who acquired permanent resident status through fraud or misrepresentation has never been “lawfully admitted for permanent residence” and is ineligible for cancellation of removal under INA Section 240A(a).  Matter of Koloamatangi, 23 I.&N. DEC. 548, 2003 BIA LEXIS 1 (BIA) 2003).

Domestic Security Enhancement Act of 2003

·      U.S. Attorney General John Ashcroft would place lawful permanent residents and other lawfully admitted non-citizens convicted of certain offenses at risk of expedited removal without a hearing before an immigration judge and without recourse to any relief from removal.  Certain sections of the proposed new legislation would authorize denial of admission or removal of any person if there is reason to believe that individual poses a danger to national security.  As proposed, this legislation would dramatically affect a large number of long time lawful permanent residents since it shall cover most criminal offenses that constitute immigration violations no matter how minor the crime, no matter how long ago the crime was committed, and no matter what adverse effects deportation and removal would have on U.S. citizen family members, U.S. citizen employees or U.S. interests generally (8 IB 383; 1/3/03).

Board of Alien Labor Certification Appeals (BALCA)

·      The Certifying Officer (CO) found that 14 rejected U.S. applicants were qualified for the position of assistant producer of Court TV, noting the employer had failed its burden of proof requiring a convincing showing that the U.S. applicants could not perform the job duties in an acceptable manner and that the employer did not submit a single piece of documentation demonstrating that the U.S. applicants would be unable to perform the job acceptably Matter of Courtroom Television Network, 2002 – INS- 50 (BALCA 10/30/02) (80 IR 456; 3/24/03).

Creditor Consideration of

Applicants Immigration Status

·      A new provision of Regulation B (12 CFR § 202.5(e)) permits creditors to inquire about the permanent residence and immigration status of an applicant or any other person in connection with the credit transaction.  Under 12 CFR §202.6, a creditor may consider the applicant’s permanent residence or immigration status and additional information as necessary to determine the creditor’s rights and remedies regarding repayment (80 IR 451; 3/24/03).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Customs

U.S.:

·      The Bureau of Customs announced an extension for reopening the application period for participation in a prototype paperless “drawback” claim system (20 ITR 705; 4/24/03).

Economic Sanctions

U.S.:

·      H.R. 1559 and S.762 would ease United States government restrictions on exports of high technology and other equipment to Iraq (20 ITR 654; 4/10/03).

Environment:

·      Earth Island Institute v. Evan, D.C. NCAL, No. C03-007TEH, 4/10/03, Federal District Court preliminarily enjoined the Commerce Department from weakening the dolphin-safe tuna label (20 ITR 687; 4/17/03).

Trade

U.S.:

·      S. 676 would establish an independent commission to review dispute settlement decisions handed by the WTO (13 ITR 547; 3/27/03).

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.

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