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Carsten Alting

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* Carsten Alting

Rechtsanwalt

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June Towery

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Lawrence J. Scott

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Henry M. Burwell

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John M. Campbell

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Walter H. Hinton, II

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Catharine W. Cummer

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John B. Hagerty

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Thomas F. Moran

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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Textiles

China

• The Ministry of Commerce (MOC) announced a provisional set of rules for governing the distribution of textile export quotas among individual exporters requiring registration in a temporary export license registry to export a certain amount restricted textile products (22 ITR 1032; 06/23/05).

• Export tariffs on 74 types of textile and apparel products shall be imposed on goods exported from China at five times their previous levels as the U.S. and the European Union take steps to limit surging imports of Chinese goods (22 ITR 840; 05/26/05).

Countervailing Duties

U.S.

• The Bureau of Customs and Border Protection published notice of its intention (70 Fed. Reg. 31,565; June 1, 2005) to distribute anti-dumping and countervailing duties for fiscal year 2005 under the Byrd Amendment to affect domestic producers (22 ITR 964; 06/09/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Foreign Investments

Brazil

• A package of tax incentives for the private sector including breaks for exports and new investments has been proposed to include the immediate suspension of the industrial products taxed (IPT) on capital goods which is scheduled to take effect in December of 2006 (22 ITR 1042; 06/23/05).

U.S.

• Investment to establish or acquire U.S. businesses by foreign investors rose 26% in 2004 to $79.8 billion with $46.3 billion coming from U.S. affiliates of foreign companies and $33.5 billion from foreign direct investments (225 ITR 937; 06/09/05).

Bilateral Agreements

Mozambique

• An agreement was signed with the United States to expand bilateral trade and investment and provide a forum to address intellectual property protection and workers’ rights (22 ITR 1046; 06/23/05).

Taxation

China

• China will end preferential corporate tax policies for foreign companies starting in 2007 (22 ITR 947; 06/09/05).

Free Trade Agreement

Turkey

• The Sixth Nation Gulf Cooperation Council signed a deal with Turkey to start negotiations on a free trade agreement (22 ITR 918; 06/02/05).
 

LEGISLATIVE AND LEGAL DEVELOPMENTS

Agriculture

U.S.

• H.R. 2744 “Agriculture Appropriations Budget Bill” pushed back the implementation of the USDA program to September 30, 2007 which requires mandatory country-of-origin labeling for meat and meat products (22 ITR 982; 06/16/05).

Intellectual Property

U.S.

• H.R. 2795 “Patent Act of 2005” was introduced to change the U.S. patent system to one that awards patents to the first inventor to file rather than to the first to invent (22 ITR 984; 06/16/05).

• The restoration of copyrights to foreign works under the Uruguay Round Agreements Act by Congress did not exceed its authority under the Intellectual Property Clause of the U.S. Constitution (Luck’s Music Library, Inc. v. Gonzales, D.C. Cir. No. 04-5 240, 5/24/05; 22 ITR 960; 06/09/05).

Foreign Investments

Japan

• A bill was submitted to the House of Representatives which might force U.S. and European firms to close Japanese operations or reincorporate as Japanese companies because it contains a provision banning Japanese subsidiaries of overseas companies from doing business in Japan (22 ITR 1002; 06/16/05).

Procurement

U.S.

• H.R. 1815 authorized spending on Defense Department programs including the Buy American Act (Fed. Acquisition Regulations Part 225) requiring DOD procurement of “manufactured end products” to include 50% of the cost of all components to be sourced from the U.S. (22 ITR 891; 06/02/05).

Customs and Security

U.S.

• S.1052 would bolster security for all modes of U.S. transportation, including aviation, maritime, rail and surface transportation systems and the security of shipping hazardous materials (22 ITR 850; 05/26/05).

Immigration

U.S.

• The Secure America and Orderly Immigration Act of 2005 (S.1003; H.R. 2330) is a comprehensive bill to overhaul the immigration system with respect to border security, procurement of essential workers, undocumented workers and solutions for the backlog of immigration petition and application processing (82 IR 861; 05/23/05).

Employment Training Administration (ETA\DOL)

• The ETA/DOL issues a second set of Frequently Asked Questions and Answers (FAQ) on the new PERM regulations (82 IR 661; 04/18/05).

IMMIGRATION

Real ID Act Provisions on Federal Standards for State Driver’s Licensing

• To meet the requirements of the Real ID Act, a license that is issued by a state may not be used for purposes of admission to federal buildings, travel on interstate commerce or similar federal uses or applications unless it meets standards where the state has required evidence that the person satisfies one of the following conditions: is a citizen or national of the U.S., is lawfully admitted for permanent or temporary residence, has conditional permanent residence, has an approved application for asylum or entered the U.S. as a refugee, has a valid, unexpired non-immigrant visa or status, has a pending application for asylum, has a pending application for temporary protected status, has approved deferred action status, or a pending application for adjustment of status (10 IB 1059; 06/15/05).

Foreign Health Care Workers

• A final rule is expected to be published to require a health care worker seeking to enter the United States as an immigrant to perform health care services to be excluded from admission unless a certificate is obtained from the Commission on Graduates of Foreign Nursing Schools (CGFNS) or other credentialing organization approved by the Attorney General (82 IR 968; 06/05).

Employment Eligibility Verification Program Extended

• The Employment Eligibility Verification Program established under the Illegal Immigration Reform Act was extended by rule through November 2008 (82 IR 968; 06/06/05).

Period of Stay Extended for Exchange Visitor Professors and Scholars

• The State Department adopted a final rule amending 22 CFR Section 62.20 to extend from three to five years the maximum duration of program participation for exchange visitors, professors and research scholars (82 IR 916; 05/27/05).

PROTECTION AGAINST TERRORISM

Real ID Act of 2005

• Section 101 of the new law is entitled “Preventing Terrorists from Obtaining Relief from Removal” and provides for changes to evidence requirements in asylum applications, applications for withholding of removal and other forms of relief from removal, applicants seeking corroborating evidence and to allow adjudicators and judges to review the totality of circumstances and relevant factors of the applicant (Pl. 109-13; 10 IB 1057; 06/15/05).

Customs

Brazil

• All maritime cargo bound from the U.S. through the Brazilian port of Santos shall be prescreened for terrorist weapons under the Container Security Initiative (CSI) (22 ITR 906; 06/02/05).

Registered Traveler Program

U.S.

• The Department of Homeland Security Transportation Security Administration (TSA) published a final rule exempting registered traveler operations to expedite security screening of passengers who participate in a program allowing security screening personnel to focus on expediting security screening supported by the collection of biographical information and biometric data from airline passengers who volunteered to submit to security threat assessment (82 IR 1002; 06/13/05).

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 2005

Nelson Mullins Riley & Scarborough, L.L.P.

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