Volume 10, Number 6          In Memoriam of the Victims of Terrorist Attacks                         June 2004

 

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INTERNATIONAL BUSINESS AND TRADE

Procurement


U.S.:

  • Foreign information technology is a commercial item exempt from the Buy American Act domestic source requirements under a new policy issued by the Defense Department on May 18, 2004 (ITR 975; 6/10/04).

Customs


U.S.:

  • The U.S. Bureau of Customs and Border Protection (BCBP) published its semi-annual list of foreign entities violating textile transshipment and country of origin rules (69 Fed. Reg. 26,615/May 13, 2004) (21 ITR 897; 5/27/04).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Aviation


U.S.:

  • An air services agreement has been reached with China that will allow nine carriers from each country to expand passenger and cargo flights between China and the United States (21 ITR 1067; 6/24/04).

Foreign Investment


India:

  • Foreign direct investment has been reduced by the Indian government from the level of 74 percent to 49 percent for the modernization and management of the Bombay and New Delhi airports (21 ITR 985; 6/10/04).

Indonesia:

  • The Serang District Court annulled a $185 million bond agreement between Tri Polyta, a local petrochemical firm and its creditors, thereby refusing enforcement of a New York federal district court decision that had ordered Tri Polyta to pay $310 million to cover the bond and outstanding interest (21 ITR 984; 6/10/04).

Intellectual Property


U.S.:

  • The pharmaceutical company, Pfizer Inc., signed a pact with the Shanghai municipal government to locate and prosecute makers of counterfeit medications in China (21 ITR 904; 5/27/04).

Trade


U.S.:

  • A Trade and Investment Framework Agreement was signed with the five Central Asian countries of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan (21 ITR 942; 6/3/04).

  • The United States signed a Central American Free Trade Agreement (CAFTA) with five Central American countries to include Costa Rica, El Salvador, Nicaragua, Honduras and The Dominican Republic, eliminating tariffs on more than 80 percent of U.S. exports of consumer and industrial goods and more than 50 percent of U.S. agricultural goods (21 ITR 945; 6/3/04).

IMMIGRATION

USCIS Adds Six More Forms to E-filing Program

  • The following six forms have been added to the E-filing program to file petitions and applications with the Immigration Service:

    • Informant Based Petitions for Non-Immigrant Worker (Form I-129);

    • Application for Travel Documents (Form I-131);

    • Immigrant Petition for Alien Worker (Form I-140);

    • Application to Change/Extend Non-Immigrant Status (Form I-539);

    • Application for Temporary Protective Status (Form I-821); and

    • Request for Premium Processing Service (Form I-907)
      (9 IB 776; June 15, 204).

LEGISLATIVE AND LEGAL DEVELOPMENTS

 

Court of International Trade:

  • Attorneys for former auto parts manufacturing company Oxford Automotive failed to obtain a ruling for reimbursement of attorneys’ fees because the investigations of the U.S. Department of Labor were justified, notwithstanding the department conducted four separate investigations before concluding the employees of the defunct company were entitled to transitional adjustment assistance under NAFTA (Former Employees of Oxford Automotive UAW Local 2088 v. U.S. DOL, Ct. Int’l. Trade, No. 01-00453) (Slip Op. 04-52, 5/18/04) (21 ITR 950; 6/3/04).

Immigration


U.S.:

  • H.R. 4262/S. 2381 was introduced as the “Safe Orderly Legal Visas and Enforcement (SOLVE) Act of 2004” to provide for earned adjustment of immigration status, reunification of families and establishment of a temporary worker program to protect U.S. and foreign workers and strengthen national security (81 IR 617; May 10, 2004).

  • H.R. 4415 would limit L visas to managerial and executive employees, eliminating the L-1B visa awarded for “specialized knowledge” and insert a cap of 35,000 visas beginning FY 2005, requiring employers to pay L visa holders at the same level as other employees with the same skills or the prevailing wage level for the occupational classification (81 IR 768; June 7, 2004). (Editor’s Note: This bill was patterned after the requirements set forth in the H-1B specialty occupation classification but if passed is likely to restrict inflow of investment and technology from foreign investment.)

Procurement


U.S.:

  • S. 3461 amends the Defense Authorization Bill to grant the Secretary of Defense authority to bypass the Buy American Act requirements in defense procurement from a foreign country that has signed a declaration of principles with the United States. Applicable countries presently include the United Kingdom, the Netherlands, Norway, Australia and three others. (21 ITR 1056; 6/24/04).

  • H.R. 4567, the Department of Homeland Security Bill, will prohibit the DHS from awarding contracts to foreign companies and their subsidiaries that have taken over U.S. firms (21 ITR 1056; 6/24/04).

Export Control


U.S.:

  • H.R. 4200 would prohibit the Department of Defense from obtaining defense items or services from foreign firms in a nation that requires offset purchases such as technology transfer or subcontract commitments (21 ITR 1056; 6/24/04).

NAFTA


U.S.:

  • The Supreme Court ruled in a unanimous decision that Mexican trucks could operate in the United States without the preparation of a lengthy environmental impact statement in upholding the provisions of NAFTA allowing such operation without regulatory interference by U.S. federal agencies (Department of Transportation v. Public Citizen, U.S. No. 03-358, 6704; 21 ITR 964; 6/10/04).

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.

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