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* Carsten Alting

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Lawrence J. Scott

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Henry M. Burwell

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John B. Hagerty

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INTERNATIONAL BUSINESS AND TRADE

Textiles

U.S.:

• Preparations to impose "safeguard" duties on excessive Honduran imports of socks are underway by the Administration (23 ITR 1139; 7/27/06)

Sanctions

U.S.:

• The sanctions against Burma banning imports into the U.S. have been extended a year and are subject to Senate approval (23 ITR 1068; 7/13/06)

Automotive

Brazil:

• A new bilateral auto accord has been reached with Argentina (23 ITR 988; 6/29/06)

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Bilateral Agreements

U.S.:

• Cambodia signed a Trade and Investment Agreement (TIFA) to discuss a framework of understanding trade issues (23 ITR 1102; 7/20/06)

Foreign Investment

China:

• New regulations significantly increasing capital requirements for foreign funded property developers have been adopted (23 ITR 1137; (7/27/06)

Contracts

UN:

• The United Nations Convention on Electronic Communications and International Contracts opened for signature in January 2006 for two years for ratification (ILN, Spring 2006 Vol. 35, No. 2; www.un.org/A/Res/60/21)

LEGISLATIVE AND LEGAL DEVELOPMENTS

Exports

U.S.:

• USDOC proposed rule tightens restrictions on 47 categories of products of machine tools, computers, and telecommunications equipment (71 Fed. Reg. 38, 313/ 6 July 06 (23 ITR 1084; 7/20/06))

Trade

• H.R. 5684 U.S. - Oman Free Trade Agreement was approved (23 ITR 1146; 7/27/06)

Gambling

• H.R. 4411 Internet Gambling Act prohibits use of credit cards and other instruments in internet gambling (23 ITR 1072; 7/13/06)

Customs

• The U.S. Court of International Trade enjoined future Byrd Amendment distributions collected on goods imported from Canada and Mexico (Canadian Lumber Trade Alliance v. US. Ct. Int'l Trade #05-00324 7/14/06; 23 ITR 1108 7/20/06)

IMMIGRATION

No "Cap-Gap"

• USCIS announced there will be no "Cap-Gap" for F-1 extensions of stay and students whose status expires before October 1, 2006 will have to depart the U.S. and re-enter as authorized by the H1-B visa (www.uscis.gov/nsc)

I-9 Rule About to Change

• "Safe Harbor" procedures are established in a proposed rule for employers who receive a No-Match Letter

• A "totality of relevant circumstances" test has been established setting forth a time table for employer action under certain conditions

• If the described procedure is completed and the employee is verified notwithstanding the fact that the employee is unauthorized, employer will not be considered to have "constructive knowledge" of a knowing violation of employment of an unauthorized foreign national (Fed. Reg. Vol. 71, No. 114, June 14, 2006)

Additional Foreign National Subject to the U.S. VISIT System Under Proposed Rule

• A new rule under 8 C.F.R. Parts 215 and 235 adds several classes to the VISIT system to include lawful permanent residents, refuges, asylees, Canadian citizens who receive a Form I-94, parolees, and persons applying for admission under the Guam Visa Waiver Program (Fed. Reg. Vol. 71, No. 144, July 27, 2006)

Treaty Visa List Updated

• Argentina, Chile and Singapore have been added to the State Department Treaty Visa List (27 IR 1485; 7/17/06)

EOIR Adopts Final Rule On Affidavits of Support

• The final rule adopts the interim rule of former INS and clarifies who needs an affidavit, how sponsors qualify information and documentation required, and when income of third parties may assist the qualification of the intending immigrant (27 IR 1475; 7/17/06)

Employed Based I-485 Application for Adjustment to be Filed in Nebraska

• USCIS announced that effective July 1, 2006, all employment based I-485 applications are to filed at NSC (83 IR 1309/7/3/06)

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 2006

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

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