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Henry M. Burwell

(864) 250-2212

buzz.burwell@nelsonmullins.com

Carsten Alting

(404) 817-6137

carsten.alting@nelsonmullins.com

Washington DC Office

George B. Wolfe

(202) 742-4564

Columbia Office

P. Mason Hogue

(803) 733-9417

Atlanta Office

* Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Greenville Office

Henry M. Burwell

(864) 250-2212

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Raleigh Office

Catharine W. Cummer

(919) 877-3805

Charleston Office

John B. Hagerty

(843) 720-4308

Newman Jackson Smith

(843) 720-4309

Winston-Salem Office

Denise M. Gunter

(336) 774-3322

Myrtle Beach Office

Thomas F. Moran

(843) 946-5652

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*Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Procurement

U.S.:

• The Department of Defense issued a memorandum exempting the purchase of information technology from foreign sources from the 50% requirement established under the Buy American Act (22 IR 1233; 7/28/05).

Dumping

EU:

• The European Union launched an anti-dumping inquiry into Chinese shoe imports (22 ITR 1120; 7/7/05).

Customs

Canada:

• The Canada Border Services Agency published final regulations to implement the Advanced Commercial Information Initiative harmonizing requirements for advanced notice of imported goods with those of the United States (22 IR 1131; 7/7/05).

Textiles

NAFTA

• The Department of Finance of Canada published an order implementing an agreement reached with the United States on liberalized rules of origin under NAFTA implementing Appendix 6, Annex 300-B, determining duty-free eligibility of certain products such as yarns of combed camel hair, cashmere filament, yarns of viscose rayon and others (22 ITR 1214; 7/21/05).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Trade

U.S.:

• The immigration impact of the U.S.-Dominican Republic--Central America Free Trade Agreement (CAFTA-DR) would be minimal according to the Congressional Research Service (22 IR 1252; 7/28/05).

• The United States and Iraq signed a Trade Investment Framework Agreement (TIFA) (22 ITR 1177; 7/14/05).

Foreign Investments

U.S.:

• Capital outflows from the U.S. economy into foreign investment in foreign countries reached $252 billion in 2004, up from $141 billion the prior year (22 IR 1064; 6/30/05).

Transportation

EU:

• The European Parliament approved changes to the 2002 shipping agreement between the European Union (EU) and China, extending benefits of the accord to ten Mediterranean and Eastern European nations (22 ITR 1161; 7/14/05).

LEGISLATIVE AND LEGAL DEVELOPMENTS

Foreign Investments

U.S.:

• H.R. 6 would monitor the economic and national security implications of the growing energy demand of China (22 IR 1242; 7/28/05).

Exports

U.S:

• The Department of Commerce published a proposed rule making expanding the scope of foreign nationals subject to licensing and broadening the scope of activities that qualify as releases of technology under the Export Administration Regulations (EARs) (70 Fed. Reg. 15,507 (March 28, 2005)) (22 ITR 1103; 7/7/05).

• H.R. 3100 would require restrictions on exports from the United States of arms and “dual use” goods and technology useable for military or commercial purposes to European companies or governments that have sold arms or related technologies to China since January 1, 2005 (22 ITR 1105; 7/7/05).

Trade

U.S.:

• H.R. 3283 provides United States companies with additional trade remedies to use against unfair Chinese trade practices (22 IR 1248; 7/28/05).

• H.R. 3283 titled “United States Trade Rights Enforcement Act” includes several provisions to address congressional concerns regarding United States--China trade (22 ITR 1192; 7/21/05).

IMMIGRATION

H1-B1 Visa Quota Will Be Reached Before Fiscal Year 2006 Begins

• The U.S. Immigration Service (USCIS) announced on August 1, 2005 that 49,040 visas have been approved for the 65,000 quota for FYO6 commencing October 1, 2006.

• 6,800 of the 65,000 visa quota are set aside for the H1-B1 program under the United States Singapore Free Trade Agreement leaving few visas remaining for FY06 allocation. (usciswebannouncement@uscis.gov, 8/2/2005).

“Proof of Ability to Pay” For Permanent Resident

• An employment-based permanent residence petition for a skilled worker was approved where the petition submitted evidence it had paid the beneficiary more than half of the offered wage during the year the petition was filed (Matter of X, EAC 00 195 50226) (June 22, 2004) (10 IB 1123; July 1, 2005).

New H1-B Interim Regulations Implementing H1-B Visa Reform Act

• The interim regulations were published to make 20,000 new H1-B visas available exclusively for foreign workers holding a masters degree or higher from the U.S. educational institution in which allocation is in addition to the 65,000 annual cap (10 IB June 1, 2005).

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.

has offices located in

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