International Law Bulletin - Vol. 15, No. 2
In Memoriam of the Victims of Terrorist Attacks
Vol. 15, No. 2 — February 2009
Editor
Co-Editors
INTERNATIONAL BUSINESS AND TRADE
Government Procurement
U.S.: The American Recovery and Reinvestment Act (Stimulus Bill) expanded the requirement for the U.S. Department of Defense to follow the Buy American Act for certain domestically produced or grown items with a 100 percent U.S. content to include textile and apparel products, specialty metals, hand tools and measuring tools and broaden it’s scope to cover the U.S. Coast Guard and Transportation Security Administration. (26 ITR 240; 2/19/09)
Agriculture
France: France has refused to accept the decision of the European Union (EU) imposed on the only genetically modified (GM) crop manufactured by Monsanto (NON8/10/Corn) despite a new report by the government food safety agency affirming the safety of the product. (26 ITR 246; 2/19/09)
Safe Guards
India: Notice has been given to the World Trade Organization (WTO) of six new safe guard investigations based on complaints filed by Indian producers which moves have been protested by China. (26 ITR 253; 2/19/09).
Textiles
China: The Cabinet will raise the export tax rebate on textiles and clothing from 14 to 15 percent to bolster sagging exports in those industries. (26 ITR 220; 2/12/09).
Imports
Brazil: The government suspended a controversial measure to require prior licensing of 70 percent of the nation’s imports in face of severe business opposition stating such a requirement would threaten the capacity of domestic industry to maintain production levels and would likely reduce exports. (6 ITR 191; 2/5/09)
INTERNATIONAL AGREEMENTS AND INVESTMENTS
Intellectual Property
Russia: Russia joined the World Intellectual Property Organization (WIPO) Patent Law Treaty but used the reservation provision noting the treaty would not apply to any requirement relating to unity of invention respecting an international application otherwise applicable under the treaty. (26 ITR 247; 2/19/09)
Foreign Investment
India: The Cabinet approved more uniform guidelines for calculating total foreign investment in companies to stimulate and attract more Foreign Direct Investment (FDI) which has slowed in recent months. (26 ITR 250; 2/19/09)
The Civil Aviation Ministry is proposing a 25 percent investment allowance for foreign airlines who wish to invest in India commercial carriers. (26 ITR 189; 2/5/09)
LEGISLATIVE & LEGAL DEVELOPMENTS
Export Financing
U.S.: An eighth individual was sentenced to 18 months in prison, fined and ordered to pay $924,569 to the Ex-Im Bank in a fraud scheme representing that he acted as an exporter in certifying to the First International Bank of Connecticut that he purchased $1.3 million in U.S. goods allegedly shipped to the Philippines. (U.S. v. Serrano, CD CAL. No. 2:07-CR-00118-CAS 2/9/09; 26 ITR 260; 2/19/09).
Customs
U.S.: The U.S Court of International Trade (CIT) upheld the Bureau of Customs and Board Protection (CBP Regulation) requiring claimants seeking refunds of unconstitutional harbor maintenance taxes (HMT) paid on exports before July 1, 1990 to submit proof of payment documentation (Chrysler Corp. v. U.S., Ct. Int., L Trade, No. 07-0041) (1/29/09; 26 ITR 223; 2/12/09)
Trade Policy
U.S.: The U.S. CIT would have de novo jurisdiction to review certain enforcement decisions of the Office of the U.S. Trade Representative (USTR) under the Trade Compliant and Litigation Accountability Improvement Measures Act of 2009 (Trade CLAIM Act). (26 ITR 194; 2/5/09)
Sources: IR - Interpreter Releases, Federal Publications, Inc.; Financial Times (FT); 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; TE - The Economist Magazine; GATM - German American Trade Magazine published by the German American Chamber of Commerce; 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
