http://www.internationallawsection.org/ The Florida Bar International Law Section en-us http://www.internationallawsection.org/images/logo.gif http://www.internationallawsection.org/ legal@cyberlaw.info http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=37 USTR Notice in Federal Register Submissions Due in November On September 24, 2009, the Office of the United States Trade Representative (USTR), by way of notice in the Federal Register, called on US businesses to submit their reports on laws, regulations, policies and practices of foreign countries that are significant barriers to US exports and investments, including but not limited to licensing requirements, tariffs, lack of intellectual property protection and government corruption. This annual practice is for the creation of the National Trade Estimates Report on Foreign Trade Barriers (NTE) that must be created every year under federal law. The NTE is used by the US government in setting its trade agenda and priorities for negotiations and enforcement. This year's notice for the 2010 NTE also includes a request for comments on the sanitary and phytosanitary measures (SPS) and standards-related measures of foreign countries that result in a significant barrier to US businesses. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=36 By Jason Blatt - 包杰生 Associate 14F, 116 Nanking East Road, Section 2, Taipei 104, Taiwan 台灣104台北市南京東路二段116號14樓 TEL: +886 2-2531-5816 ext. 724 FAX: +886 2-2531-5814 DIRECT: +886-2-2536-9724 EMAIL: JBlatt@pamirlaw.com Foreign investors and multinational businesses are closely monitoring opportunities arising from China-Taiwan interaction after last year’s election of Taiwan President Ma Ying-jeou produced a rapid warming in China-Taiwan relations. Developments that multinational businesses have been awaiting for years are finally starting to materialize, such as direct commercial aviation and shipping links, the easing of Taiwan’s restrictions on investments in China, Taiwan’s opening up to investment by Chinese companies and individuals, reduced tariffs on goods traded between both sides and Taiwan’s welcoming of Taiwan-owned offshore companies with operations in China to list on Taiwan’s stock exchange and over-the-counter market. Taiwan has recently enacted new incentives for multinational companies establishing Greater China regional headquarters, warehousing operations and R&D facilities on the island and China and Taiwan are also presently negotiating a free trade framework agreement that foreign companies operating in both jurisdictions will also be able to take advantage of. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=35 On June 15, 2009, the U.S. Supreme Court granted certiorari, for the second time this decade, to decide whether the Federal Arbitration Act (FAA) permits class arbitration where the arbitration clause is silent on the matter. See Stolt-Nielsen S.A., et al., v. Animalfeeds International Corp., 548 F.3d 85 (2d Cir. 2008). Customer and commercial agreements increasingly contain arbitration clauses to standardize the resolution of disputes. Attempts to implement their explicit written provisions or silence about class arbitrations have met with mixed results. The grant of certiorari presents an opportunity for the Supreme Court to provide needed clarity on the issue. This case presents an opportunity for the Section to present its views on this important matter. The Section should consider how best to address this opportunity. Richard C. Lorenzo Partner Hogan & Hartson LLP Mellon Financial Center 1111 Brickell Avenue, Suite 1900 Miami, Florida 33131 Tel: +1.305.459.6652 Fax: +1.305.459.6550 E-mail: rlorenzo@hhlaw.com www.hhlaw.com http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=34 by Peter A. Quinter, Esq. Becker & Poliakoff, P.A. 121 Alhambra Plaza 10th Floor Coral Gables, FL 33134 954.270.1864 Cell 305.442.2232 Fax PQuinter@becker-poliakoff.com U.S. Customs and Border Protection officers have extensive legal authority to stop, search, and detain persons and cargo arriving into or going out of the United States. U.S. Customs has been particularly vigilant in Florida in enforcing the trademark and copyright laws so that infringing or counterfeit merchandise does not enter the commerce of the United States, or even transit through the United States. Although it is perfectly legal for an arriving international passenger to import one counterfeit item, such as an expensive, fancy watch or handbag, it would be illegal for that same person to attempt to import into the United States two such counterfeit watches or handbags. Customs officers would examine, detain, then seize counterfeit merchandise and place the burden on the owner of the merchandise to explain that it is either not counterfeit or to attempt to obtain the trademark or copyright owner's approval for Customs to release the merchandise. Nationwide, Customs seizes hundreds of millions of dollars of counterfeit merchandise each year. Moreover, Customs issues millions of dollars of fines against counterfeiters who have already had their merchandise seized and forfeited. Through private customs attorneys, such seizures may be remitted and fines may be cancelled or mitigated. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=33 Jennifer Kreder - 2009 ILS Vienna Retreat Speaker Summary Nazi-looted art has been the subject of much litigation recently and many news reports. In particular, many of the recent claims arise out of events that occurred in Vienna, Austria, the site of our conference, in the aftermath of the 1938 Anchluss of Austria into the Third Reich. Given both the vast magnitude of unrestituted Nazi-looted art and the revival of research into newly opened World War II-era governmental archives, the rise in interest in Nazi-looted art is not surprising even though sixty years have passed since the end of the war. Professor Jennifer Anglim Kreder of Chase College of Law at Northern Kentucky University explained the history and evolution of claims to artworks displaced during the Nazi era. She has been working on and studying Holocaust litigation since 1999, with a particular emphasis on art claims. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=32 Mark Ellis - 2009 ILS Vienna Retreat Speaker Summary In 1999 I stood among a sea of 20,000 desperate people on a dirt airfield outside Skopje, Macedonia, listening to one harrowing story after another. I had come to the Stenkovec refugee camp to record those stories and to help set up a system for documenting atrocities committed in Kosovo. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=31 You can view and download the Winter-Spring 2009 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=30 Dear Members of the Florida Bar International Law Section, What a weekend! Last Friday and Saturday, the Florida Bar International Law Section held the 5th Annual International Commercial Arbitration Moot Precompetition in which teams from six Florida law schools competed at our host school, Florida A&M College of Law in downtown Orlando. After a full day of sessions, Stetson Law School took home first place with Florida Coastal performing a close second. Best oralist went to Aisha Sanchez of Stetson. Also competing were University of Florida Levin College of Law, University of Miami, Florida International University and Nova Southeastern University. It was a great showing by all students who have the Section’s congratulations for their performance and hopes for the big competition in Vienna next month. Each of the teams receives $2500 from the Section to help defray expenses associated with the travel to Vienna. Since February 2005, the International Law Section has given more than $60,000 cash to Florida law school teams competing in Vienna. Thanks to all of our hard-working committee members, especially Arnie Lacayo of the Astigarraga Davis Mullins & Grossman law firm, for orchestrating a great program. Thanks also to our arbitrators who gave substantial time to join us and also to our Annual Sponsors without which these events would not be possible. Sponsors of this particular event included Hogan & Hartson, Hunton & Williams, Squire Sanders, McClane Tessitore and Astigarraga Davis. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=29 Dear Members of International Law Section! We had a series of productive and enjoyable events last week during the Mid-year meeting of the Bar.  Executive Council member Peter Quinter hosted a tour of Miami International Airport behind the scenes on Thursday which was exciting for the participants, the number of which had to be limited because of the great demand.  Thank you for the initiative, Peter.  I will look forward to the Port of Miami tour. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=28 Miami, FL. Thursday, January 15, 2009. Through the efforts of Peter Quinter, Chair of the Board Certification Committee for International Law and Chair of the Customs and International Trade Committee of the International Law Section, Florida Bar members were invited to participate in a "behind the scenes" tour of the cargo operations at Miami International Airport . The January 15, 2009 escorted tour included going on the tarmac of the runways, observing loading and unloading operations of warehouses and freighters, etc. Approximately 40 members took advantage of this rare opportunity. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=27 Miami, FL. Friday, January 16, 2009. At the ILS Executive Council meeting during the Mid-year meeting of The Florida Bar at the Hyatt Regency in downtown Miami, ILS Chair Brock McClane unveiled a new program that the Executive Committee had been working on for months. “Through no fault at all of my Immediate Past Chair, we woke up after I became Chair in June to a report from the big Bar that we had run a surprise deficit and depleted our capital account. A change in Bar CLE accounting rules caused the problem and forced us to close the door on certain projects, but we have opened the door on an Annual Sponsor program which was specifically encouraged by the big Bar’s new rules. It promises to allow our sponsors to be continuously and prominently featured as Section friends, instead of merely shown as single event sponsors. It also has caused us to become more professional about sponsorships, forming a new committee chaired by Immediate Past Chair Ed Davis who has the gravitas to succeed in the post.” Davis has also hired veteran fund raising consultant, Teresa Larson of Washington, DC, who will ensure that the program delivers value and is responsive to the sponsors’ needs. By establishing a centralized sponsorship program, McClane and Davis hope that sponsors will respond well to the ILS only asking for financial support once a year. The sponsor program and its associated budget passed the ILS Executive Council unanimously. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=26 Coral Gables, FL. On Thursday, January 15, 2009, the Florida Bar International Law Section hosted the leaders of the Colegio de abogados de la Republica Dominicana along with 60 other guests at a partnership signing ceremony and cocktail reception at the fabulous Biltmore Hotel in Coral Gables. The two Bars agreed to cooperate going forward in twenty different aspects of bar service and education and exchange. ILS Executive Council member Penelope Perez-Kelly of the McClane Tessitore firm in Orlando was MC for the event. The Miami office of the Diaz Reus firm was the event sponsor. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=25 Miami, FL. Friday, January 16, 2009. New Logo. The Florida Bar International Law Section Executive Council voted unanimously to adopt its new logo and refresh the face of the Section. The logo, designed by Battle Media of Ft. Lauderdale features a blue sphere with a white state of Florida from which spiraling lines emanate symbolizing the global reach of Florida lawyers. The text is a businesslike all cap format in times new Roman font. Section Chair Brock McClane remarked, “When we saw this one from Battle, we seized on it. It is one of those simple designs that doesn’t insult the viewer.” http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=24 You can view and download the Summer-Fall 2008 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=23 FOR IMMEDIATE RELEASE CONTACT: Lisa Garcia DATE: July 10, 2008 TELEPHONE: 850/561-5769 AUGUST 31 DEADLINE FOR APPLYING FOR 10 LEGAL BOARD CERTIFICATION AREAS TALLAHASSEE – Florida Bar members interested in board certification must submit applications by Aug. 31 for 10 of Florida's 22 legal specialization areas. Applications are available at The Florida Bar Web site at www.floridabar.org/certification, and are due Aug. 31 for the following specialties: Admiralty and Maritime Law, Appellate Practice, Aviation Law, Civil Trial, Elder Law, Immigration and Nationality, International Law, Labor and Employment Law, Marital and Family Law and Tax Law. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=22 By Peter A. Quinter and Caleb W. Sullivan pquinter@becker-poliakoff.com csullivan@becker-poliakoff.com Tel. 954.985.4101 Fax 954.985.4176 With increasing frequency, international business travelers are being confronted with the distinct possibility that U.S. Customs and Border Protection (“U.S. Customs”) may seize and extensively examine the content of laptop devices routinely carried across international borders. Business travelers, concerned in large measure about the security and protection of proprietary and personal information stored on laptops and other electronic devices are complaining about the justification and intrusiveness of these searches. Not surprisingly, such developments have led to the filing of lawsuits in some jurisdictions as to whether or not U.S. Customs’ actions are constitutional and, if so, within the administrative authority of U.S. Customs. Click here to read the entire article in PDF format. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=21 By Peter A. Quinter and Caleb W. Sullivan pquinter@becker-poliakoff.com csullivan@becker-poliakoff.com Tel. 954.985.4101 Fax 954.985.4176 The U.S. Census Bureau is reportedly close to issuing a Final Rule which shall require the mandatory filing of export information through the Automated Export System (“AES”) for all shipments where a Shipper’s Export Declaration (“SED”) is presently permitted. The Final Rule will entirely phase out the paper version of the SED (Form 7525-V), substantially increase penalties for untimely or inaccurately filed Electronic Export Information (“EEI”), and specify time frames within which EEI must be transmitted to the exporting carrier depending upon the mode of transportation. It will also provide for regulatory enforcement through three agencies including U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce. The Final Rule, through the amendment of many exiting regulations, will have broad ramifications for exporters, freight forwarders, and carriers. Therefore, a thorough understanding of the rule and its impact on the international trade community is absolutely essential. Click here to read the entire article in PDF format. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=20 By Jennifer Diaz jdiaz@becker-poliakoff.com Tel. 954.985.6807 Fax 954.985.4176 Who knew dental floss was a medical device regulated by the U.S. Food and Drug Administration (FDA)? What about contact lenses, tongue depressors, or bedpans? How about pacemakers? You guessed it, they all are! Click here to read the entire article in PDF format. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=19 J. Brock McClane ILS Chair (2008-2009) The Florida Bar International Law Section McClane Tessitore www.mcclanetessitore.com 215 E. Livingston Street Orlando, Florida 32801 United States 407 872 0600 x101 407 872 1227 (fax) 407 402 9935 jbm@mcclanepa.com It was great seeing all who attended the receptions, committee meetings, luncheon and executive council meeting in Boca Raton last Thursday and Friday. All events were well attended and the meetings productive. I am excited to see the momentum already there so that we don’t delay in executing our ambitious goals for the upcoming retreat, this year’s international litigation seminar, the expanded Vis Moot Precompetition in Orlando, the second annual international transactions seminar and our sponsored legislation. As a reminder, committee meetings and executive council meetings are open to all members of the international law section. If you are interested in taking part or just sitting in, you are welcome to join. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=18 You can view and download the Spring 2008 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=17 To the Members of the Florida Bar International Law Section: Win a cruise on Holland America and Help Grow the ILS! Know someone who might be interested in joining ILS? Get them to join, and your name will be put into a drawing for a chance to win a 3-day, 2 night cruise on Holland America for 2. The more new members you sponsor, the more chances you have to win! http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=16 Florida Coastal School of Law wins the Jessup Super-Regional Moot Court Competition in Miami. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=15 You can view and download the Winter 2008 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=14 You can view and download the Fall 2007 International Law Quarterly by clicking here. http://www.internationallawsection.org/modules.php?op=modload&name=News&file=article&sid=13 Edward Harrison Davis, Jr.ILS Chair (2007-2008)Astigarraga Davis Mullins & Grossman, P.A.701 Brickell Ave., Ste. 1650Miami, FL 33131-2847(305)372-8282Fax: (305)372-8202Email: edavis@astidavis.com