For More

 Information Contact

Greenville Office

Henry M. Burwell

Editor

(864) 250-2212

ZZ@NMRS.COM

John M. Campbell

(864) 250-2234

Walter H. Hinton, II

(864) 250-2285

Atlanta Office

* Dr. Christoph Rückel

Rechtsanwalt

(404) 817-6226

Tycho H. E. Stahl

(404) 817-6122

** Carsten Alting

Rechtsanwalt

(404) 817-6137

June Towery

(404) 817-6597

Charlotte Office

Lawrence J. Scott

(704) 417-3108

Columbia Office

P. Mason Hogue

(803) 733-9417

Myrtle Beach Office

Thomas F. Moran

(843) 946-5652

Charleston Office

John B. Hagerty

(843) 720-4308

Newman Jackson Smith

(843) 720-4309

www.nmrs.com

* Registered as a foreign law consultant in Georgia and is admitted as an attorney in Germany

** Admitted as an attorney in Germany

INTERNATIONAL BUSINESS AND TRADE

Intellectual Property

U.S.:

• The U.S. Department of Justice filed a lawsuit to enjoin Rx Depot Inc., and Rx Canada, LLC from importing Canadian manufactured and unapproved foreign manufactured prescription drugs into the United States (U.S. v. Rx Depot Inc., ND Okla. NO.03-CV-616EA M, filed 9/11/03) (20 ITR 1558; 9/18/03).

Dumping

U.S.:

• Insect traps for commercial and residential use that capture insects by using an insect attractant combined with suction to draw insects into the trap are the subject of an International Trade Commission Section 337 investigation under the 1930 Tariff Act (20 ITR 1560; 9/18/03).

INTERNATIONAL AGREEMENTS AND INVESTMENTS

Investments

China:

• The foreign direct investment is expected to reach $57 billion in 2003 (20 ITR 1552; 9/18/03).

Banking

China:

• Foreign investors may take up to a 25 percent equity stake in Chinese banks (20 ITR 1460; 9/4/04).

IMMIGRATION

Visas Condor Investigations

Visas Condor is an in-depth security check instituted in January 2002 that requires consuls to send the names of visas applicants to appropriate U.S. government agencies thereby resulting in extensive delays for applicants (Immigration Law Today Vol. 22, No. 3/May/June 2003 AILA).

U.S.A. Jobs Protection Act of 2003 (S. 1452)

This bill prohibits the subcontracting of L-1 workers, prevents the replacement of U.S. workers because L-1 visa holders would have to be paid a prevailing wage for the position,  requires employers to document efforts to employ a U.S. worker, and requires a well established work history with the sponsoring transferor employer. The visa would be supervised by the Immigration Service and the Department of Labor (80 IR 1061; 8/4/03).

Biometric Identifiers

The U.S. implemented a worldwide system using Biometric Identifiers for every visitor applying for a visa to include photographs and scan fingerprints with staged implementation beginning in Germany on September 24, 2003 (www.usembassy.de).

L-1 Non-Immigrant Reform Act

HR 2702, similar to HR 2849, would revise the L-1 program to require the employer to submit attestations to the Secretary of Labor regarding wages, working conditions and the displacement of U.S. workers (80 IR 1069; 8/4/03).

Clear Law Enforcement for Criminal Alien Removal Act of 2003 (HR 2671)

This law would provide for enhanced federal, state and local enforcement of immigration laws allowing investigation, apprehension, detention or removal of aliens, penalize the states that do not enact laws supporting the immigration authority of its law enforcement officers, and establishes criminal penalties and asset forfeiture provisions for aliens unlawfully present in the United States (80 IR 1069; 8/4/03).

Criminal Conviction for Employing Unauthorized Worker

U.S. v. Yin Tien Chen, 02 A00023 (February 13, 2003).  Respondent was fined a criminal penalty for knowingly hiring an unauthorized worker.  The Immigration Service thereafter instituted a civil proceeding for a civil violation and obtained a cease and desist order.  A subsequent civil fine is expected. (8 IB p.1233; July 15, 2003)

LEGISLATIVE AND LEGAL DEVELOPMENTS

Taxation

U.S.:

• HR 1769 would replace the export tax regime outlawed by the WTO with a tax cut for U.S. manufacturers (20 ITR 1542; 9/18/03).

Trade

U.S.:

• S.1586 imposes a 27.5 percent tariff on all Chinese imports within 180 days of enactment.  To counter act the effects of China’s fixed exchange rate (20 ITR 1551; 9/18/03).

• HR 1588 would require the Defense Department to purchase major weapons systems and electronic components exclusively from domestic sources (20 ITR 1446; 9/4/03).

Customs

U.S.:

• The Bureau of Customs and Border Protection (CBP) published a method for calculating the manufacturing substitution drawback where imported goods dutiable on their value are used to manufacture or produce articles exported or destroyed (68 Fed.  Reg. 50,700 (August 22, 2003)) (20 ITR 1451; 9/4/03).

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 2003

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

has offices located in

Charleston, Columbia, Greenville, and Myrtle Beach, South Carolina

Atlanta, Georgia; Raleigh, Winston-Salem, Charlotte, North Carolina

1-800-237-2000                                           www.nmrs.com