Mondaq.Com - feed of articles on International Law

United States: US Import Restrictions Imposed On Certain Archaeological Material From The People’s Republic Of China - Withers LLP

Mon, 16 Nov 2009 09:00:09 GMT

The United States and the People’s Republic of China have concluded a bilateral agreement restricting import into the United States of certain categories of cultural property

Czech Republic: Foreign Real Estate Purchases - CMS Cameron McKenna LLP

Fri, 13 Nov 2009 00:00:00 GMT

Legislation to make it easier for foreigners to buy real estate in the Czech Republic has still not been implemented.

United Kingdom: EU Telecoms Package Threatens Government's Plans To Disconnect Internet Users - CMS Cameron McKenna LLP

Thu, 12 Nov 2009 00:00:00 GMT

The European Parliament and European Council have agreed new wording for a contentious provision in the EU Telecoms Package; it seeks to ensure that Internet users’ fundamental rights and freedoms must be respected by Member States.

Canada: Foreign Suppliers Cannot Use Agreement On Internal Trade To Launch Procurement Complaint - Blake, Cassels & Graydon LLP

Mon, 09 Nov 2009 00:00:00 GMT

On November 5, 2009, the Supreme Court of Canada issued a ruling that clearly restricts the ability of foreign companies to initiate procurement complaints under the Agreement on Internal Trade (AIT).

Australia: Customs Releases PAD For The Alleged Dumping And Subsidisation Of Aluminium Extrusions From The PRC - Hunt & Hunt

Mon, 09 Nov 2009 00:00:00 GMT

In June we published an e-alert concerning the initiation of the investigation into the alleged dumping and subsidisation of certain aluminium extrusions exported to Australia from the Peoples Republic of China (PRC).

Ukraine: Collection Procedures For Import And Export Duties Have Changed - CMS Cameron McKenna LLP

Mon, 09 Nov 2009 00:00:00 GMT

On 14 September 2009 the State Customs Service of Ukraine introduced changes to its Order No. 856 "On Approval of the Procedure of Collection of Import (Export) Duties and Special Types of Duties for Goods Crossing the Boundary of Ukraine" dated 14 September 2009 (the "Order").

India: Indian Customs Authorities And Protection Of Intellectual Property Rights - Kachwaha & Partners

Mon, 09 Nov 2009 00:00:00 GMT

In pursuance of its obligations to implement border measures as envisaged in Articles 51 to 60 of the WTO Treaty on Trade Related Aspects of Intellectual Property Rights (TRIPS), India has defined the role of the Customs Authorities in combating Intellectual Property Rights (IPR) infringements at the borders (land, sea and air).

United Kingdom: EU Proposes Actions To Improve Functioning Of The EU Food Supply Chain - CMS Cameron McKenna LLP

Wed, 04 Nov 2009 00:00:00 GMT

On 28 October 2009 the European Commission published a report on the food supply chain in the EU and how to make it more efficient, to the benefit of consumers, farmers, food processors and distributors alike.

United States: Non-U.S. Successors Can Be Bound To U.S. Forum Selection Clauses - Proskauer Rose LLP

Wed, 04 Nov 2009 00:00:00 GMT

On October 23, 2009, the Second Circuit definitively ruled in “Aguas Lenders Recovery Group LLC v. Suez, S.A (ALRG)” that U.S. forum selection clauses are enforceable against successors in interest under ordinary principles of contract law – even when the successor is a non-U.S. entity.

United Kingdom: Ofcom Announces Proposal For Regulating New EU Online TV Regulations - Matthew Arnold & Baldwin

Tue, 03 Nov 2009 17:33:30 GMT

Ofcom – the UK media and communications regulator – has announced plans for the enforcement of a new law which implements regulations concerning TV-type content online.

United Kingdom: Bank Bailouts, State Aid And The Financial Crisis - SJ Berwin LLP

Tue, 03 Nov 2009 12:55:09 GMT

During the earlier part of the financial crisis the European Commission approved State aid for troubled banks (eg Northern Rock) under “Article 87(3)(c) EC Treaty and the Rescue and Restructuring Guidelines”.

United Kingdom: EBay Liability - ECJ Questions From English Court Published - CMS Cameron McKenna LLP

Tue, 03 Nov 2009 00:00:00 GMT

In August 2009, we published a Law-Now article on the L’Oréal -v- eBay judgment. That case related to whether eBay should be liable for the sale of counterfeit products on its UK website, and the answer from the court was that it should not.

Ukraine: Ukraine Removes The Requirement To Submit An Export Declaration For Customs Clearance - CMS Cameron McKenna LLP

Tue, 03 Nov 2009 00:00:00 GMT

On 30 September 2009 the Cabinet of Ministers of Ukraine (the "CMU") issued Resolution No. 1071 "On Changes to Some Resolutions of the CMU" (the "Resolution").

Poland: No Stamp Duty On Shareholder Loans - CMS Cameron McKenna LLP

Mon, 02 Nov 2009 00:00:00 GMT

Companies have good grounds for claiming reimbursement of any stamp duty they paid on loans received from shareholders in 2007-2008.

United Kingdom: EU Investigating Hundreds Of Web Sites After They Fail To Comply With Consumer Laws - Matthew Arnold & Baldwin

Mon, 02 Nov 2009 00:00:00 GMT

The European Commission is investigating hundreds of web sites after 55% of the sites which it initially reviewed were failing to comply with consumer laws, such as the Distance Selling Directive, E-Commerce Directive and Unfair Commercial Practices Directive.

Ukraine: Regulations On Cross-Border Loans Toughen - CMS Cameron McKenna LLP

Fri, 30 Oct 2009 00:00:00 GMT

From 15 November 2009, the interest rate charged by foreign lenders on foreign currency loans to Ukrainian residents will be limited.

United Kingdom: Anti-Suit Injunctions: Exclusive Jurisdiction And Third Parties - CMS Cameron McKenna LLP

Wed, 28 Oct 2009 00:00:00 GMT

In Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co. Ltd. an English court has held that an exclusive jurisdiction clause in favour of the English courts in the 2002 ISDA Master Agreement ("Master Agreement") does not extend to claims against third parties to the Master Agreement, whether affiliates of a party or otherwise.

South Africa: Permanent Establishment Considerations - Deneys Reitz Inc

Mon, 26 Oct 2009 09:00:08 GMT

Parties entering into cross-border transactions must consider the possibility of the transaction giving rise to a permanent establishment for either party, with an eye to avoiding this problem where possible.

United Kingdom: Evaluating The Options - Holman Fenwick Willan LLP

Mon, 26 Oct 2009 00:00:00 GMT

With the global credit crunch and the ensuing contraction in international trade, many container terminal operators are seeing a dramatic decline in volume and revenue figures.

United States: U.S. To Prohibit Drawback Claims For Excise Tax On Imports? - Duane Morris LLP

Thu, 22 Oct 2009 00:00:00 GMT

U.S. Customs and Border Protection (CBP) has proposed amendments to its regulations that would preclude the filing of a "substitution drawback claim for internal revenue excise taxes paid on imported merchandise in situations where no excise tax was paid upon the substituted merchandise or where the substituted merchandise is the subject of a different claim for refund or drawbacks of taxes under any other provision of the Internal Revenue Code" of 1986, as amended (the "IRC").

Germany: Opportunities And Risks Resulting From Differences Between German And Dutch Civil And Procedural Law - FPS RECHTSANWALTE & NOTARE

Tue, 20 Oct 2009 00:00:00 GMT

The Netherlands and Germany possess a common border which is merging to form a connecting link. A typical examine is a retirement home project built partly on Dutch territory and partly on German territory.

Germany: Opportunities And Risks Resulting From Differences Between German And Dutch Civil And Procedural Law - FPS Fritze Paul Seelig

Tue, 20 Oct 2009 00:00:00 GMT

United Kingdom: A New Era At The European Patent Office - Beck Greener

Tue, 20 Oct 2009 00:00:00 GMT

The European Patent Office (EPO) are introducing further restrictions on the filing of voluntary amendments from 1st April 2010.

United Kingdom: SDRT In Clearance Systems: Do You Have A Right To Reclaim Overpaid Tax? - CMS Cameron McKenna LLP

Mon, 19 Oct 2009 00:00:00 GMT

Earlier this year, we reported that the ECJ was considering whether the UK’s stamp duty reserve tax ("SDRT") rules that levy a tax charge of 1.5% on the issue or transfer of shares into a clearance service breach EU law .

Jersey: Saisie Judiciaires: Jersey Is ‘Not The World’s Policeman’ - Mourant du Feu & Jeune

Fri, 16 Oct 2009 00:00:00 GMT

Mourant du Feu & Jeune has recently made a successful application on behalf of its client, Mr Gary Kaplan, to secure the discharge of a saisie judiciaire obtained at the United States' behest freezing all his realisable property situate in Jersey.