Intellectual Property

U.S.:       

The Department of Justice has established 35 new positions for assistant attorneys and FBI special agents to combat domestic and international intellectual property crimes (27 ITR 616; 4/29/10).

Export Controls

U.S.       

The Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime Annex (75 Fed. Reg. 20520, 4/20/2010) (27 ITR 618; 4/29/10).

Export Finance

ICC:      

The International Chamber of Commerce (ICC) reports that constrained access to financing, continuing protectionism and tougher capital requirements for banks are contributing to the slow pace of global trade recovery (27 ITR 620; 4/29/10).

The ICC revised and improved Uniform Rules for Demand Guarantees (URDG) proposed as an industry standard for securing varied transactions such as construction contracts, structured finance instruments and other domestic and international capital market transactions (27 ITR 492; 4/8/10).

The ICC issued guidelines aimed towards banks involved in international trade with letters of credit, documentary collections and guarantees to inform them of the possible effects of the use of "sanctions clauses" as compliance conditions in order that a nominated bank does not jeopardize the irrevocable nature of a credit or guarantee (27 ITR 493; 4/8/10).

Dumping

U.S.:      

The Commerce Department announced that China is dumping seamless carbon alloy steel standard, line, and pressure pipe (seamless pipe) in the United States (Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China ITA) (27 ITR 637; 4/29/10).

Chemicals

EU:        

The European Union European Chemicals Agency (ECHA) published a list of 4,415 substances required to be registered by November 30, 2010 to be in compliance with its legislation (27 ITR 582; 4/22/10).

Government Procurement

China:    

The Ministry of Science and Technology has revised its controversial "indigenous innovation" rules criticized by its trading partners as unfairly providing domestic Chinese firms with an inside advantage in the government procurement process on technology products (27 ITR 524; 4/15/10).

Agriculture

U.S.:      

The office of U.S. Trade Representative (USTR) will authorize an allocation of $750 million dollars in existing export credit guarantee commitments for a number of agricultural products as part of a deal with Brazil to postpone Brazilian sanctions being levied on U.S. imports over illegal U.S. cotton subsidies (27 ITR 546; 4/15/10).

Foreign Investment

Switzerland:        

A new treaty has been entered with China setting out reinforced legal safeguards to protect investments made by nationals of both countries investing in the other country (27 ITR 533; 4/15/10).

India:       

The Department of Industrial Policy and Promotion (DIPP) unveiled a policy document that consolidates all policies regarding foreign direct investment (FDI) (27 ITR 504; 4/8/10).

The DIPP implemented liberal rules for FDI by which its Finance Minister may approve proposals of investment up to $226 million dollars in foreign equity without seeking approval from the Cabinet Committee on Economic Affairs (27 ITR 465; 4/1/10).

Government Procurement

U.S.:         

The Office of Management and Budget (OMB) published amendments to interim final guidance on certain Buy American provisions as relate to Canada (75 Fed. Reg. 14323; March 25, 2010) providing continued access of Canadian companies to remaining major infrastructure projects in the U.S. with temporary relief for Canadian exporters from certain restrictions in exchange for greater access for U.S. companies to Canadian government procurement contracts, thereby committing both countries to extend the WTO on Government Procurement Agreement (GPA) to the sub-level in both countries (27 ITR 456; 4/1/10).

Foreign Investment

U.S.:      

The U.S. District Court for the Eastern District of Virginia sentenced a Virginia resident to 87 months in prison for bribing former government officials in Panama in violation of the Foreign Corrupt Practices Act (U.S. v. Jumet, E.D. Va. No. 3:09-cr-00397-heh, 4-19-10) (27 ITR 639; 4/29/10).

Energy

U.S.:      

S.3231 would extend a number of ethanol incentives including the import tariff through 2015 (27 ITR 589l 4/22/10).

Trade Policy

U.S.:      

S.3134 is designed by co-sponsors Senator Lindsey Graham (R-SC) and Charles Schumer (D-NY) to prompt the Chinese government to revalue its currency (27 ITR 538; 4/15/10).

Trade

U.S.:      

Daimler AG agreed to pay nearly $200 million dollars to settle civil and criminal charges of alleged violations of the Foreign Corrupt Practices Act according to filings by the Securities and Exchange Commission and the Department of Justice (SEC v. Daimler AG, D.C., No. 1:10-CV-00473-RJL 32210) (27 ITR 514; 4/8/10).

Sources:BLR- Bloomberg Law Reports Antitrust & Trade; BNA - BNA, Inc.Highlights: International Trade Daily (ITD), International Trade Reporter (ITR), International Trade Reporter Decisions (ITRD), TMIJ-Tax Management International Journal; IL - International Lawyer, SMU School of Law; FT- Financial Times; TE - The Economist Magazine; GATM - German American Trade Magazine of the German American Chamber of Commerce; WSJ - Wall Street Journal; ILN/ABA-International Law News, American Bar Association; International Law News, ILN (American Bar Association); Nishith Desai Associates FEMA Hotline(nda@ndalaw.com); LB- LehmanBrown China Business Insights International Accountants.