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INTERNATIONAL BUSINESS AND TRADE

Agriculture

WTO:

• The World Trade Organization ruled against the continuation of subsidies provided by the United States to its cotton producers between 1999 and 2002 in the amount of $12.5 billion which subsidy causes serious harm to producers in other countries (21 ITR 716; 4/29/04).

Sanctions

U.S.:

• The Commerce Department published a rule implementing a limited U.S. ban on exports of goods and services to Syria (21 ITR 879; 5/20/04).

Export Financing

U.S.:

• The U.S. Export-Import Bank insured $15 million of U.S. exports of machines and accessories for the sale of goods to Iraq (21 ITR 794; 5/6/04).

Telecommunications

U.S.:

• The Federal Communications Commission approved rules to allow an improved radio frequency identification system to be used in commercial shipping containers to lower shipping costs and improve security (21 ITR 679; 4/22/04).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements
 

U.S.:

• A Free Trade Agreement (FTA) was signed with Australia to eliminate tariffs on 99 percent of manufactured goods traded between the countries (21 ITR 865; 5/20/04).

• A Trade and Investment Framework Agreement (TIFA) was signed between the United States and Malaysia to discuss trade issues and bilateral trade flows (21 ITR 822; 5/13/04).

Foreign Direct Investment

UN:

• The United Nations Conference on Trade and Development (UNCTAD) surveying 87 international experts indicated foreign direct investment is expected to register positive growth over the next few years with China, India and the United States being the most popular destinations for capital (21 ITR 680; 4/22/04).

IMMIGRATION

Expansion of Electronic Filing of Forms with the Service

• Six new forms and petitions now available online for electronic filing with the United States Immigration Service include the Employment-Based Petition for Non-Immigrant Worker (Form I-129); Travel Documents (Form I-131); Employment-Based Petition for Immigrant Worker (Form I-140); Changing or Extending Non-Immigrant Status (Form I-539); Premium Processing (Form I-907); and Temporary Protected Status (Form I-821) (USCIS Press Release 5/26/04).

Canadian Immigration and Refugee Protection Act (IRPA/June 2002)

• New changes have been proposed to the immigration statutory framework in Canada affecting skilled workers, permanent residency, work permits, consultants and business applicants (17 IR 649; May 17, 2004).

Executive Office for Immigration Review (EOIR) Collects Immigration Practitioner Data

• EOIR proposes a new rule to electronically collect new information from immigration practitioners as a condition of practicing before Immigration Judges (IJ) and the Board of Immigration Appeals (BIA) (68 Fed. Reg. 75160-64; December 30, 2003) (81 IR 655; May 17, 2004).

Changes in BIA Procedures

• The Board of Immigration Appeals (BIA) has been reduced from 19 to 12 members, imposing a case load of nearly 400 cases a month per member.

• A single BIA member has 90 days to decide a case or refer it to a 3-member panel for review from which a decision must be rendered in 180 days.

• The ABA has recommended the Department of Justice discard the procedural changes imposed on the BIA and reinstate prior procedures since affirmance orders are allowed without written decisions and members are unable to devote sufficient time to citing the legal basis in an order (8 IB 1707; November 1, 2003).

LEGISLATIVE AND LEGAL DEVELOPMENTS

• USCIS announced a new version of the Employment Authorization Card (EAD/Form I-766) which includes a magnetic strip, two dimensional bar code and other forensic features (USCIS Press Release 6/1/04).

Intellectual Property

Iraq:

• The Coalition Provisional Authority issued orders to bring the laws on patents, trademarks, copyrights, industrial designs, trade secrets and related intellectual property rights to internationally recognized standards of protection like those followed by the WTO (21 ITR 836; 5/13/04).

Taxation

U.S.:

• S.1637 repealed the U.S. export tax regime. The House version (HR 2896) is bogged down over the issue of outsourcing of jobs to other countries (21 ITR 806; 5/13/04).

Trade

U.S.:

• S.1637 would be amended by legislation to renew the Super 301 Statute to prioritize trade barriers and to pose the threat of trade sanctions for enforcement (21 ITR 769; 5/6/04).

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

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