International Trade Law News

London-based legal publisher Cameron May is presenting a conference entitled "Commercial and Investment Arbitration in Latin America: New Challenges for Governments, Corporations and Practitioners" from November 29, 30 in Quito, Ecuador.

The program will cover the latest developments in commercial and investment arbitration in different Latin American jurisdictions and will include over thirty panelists from law firms, universities, international corporations with long‐term presence in the region and government representatives.

For more information see the conference brochure or contact Mr. Christophe Landais at christophe@cameronmay.com.

Labels: Miscellaneous

The controversial bill (SB 974) that would have imposed a $30 per twenty foot equivalent unit (TEU) user fee on container cargo imported and exported through the ports of Long Beach, Los Angeles and Oakland has been withdrawn by its sponsor in the California Assembly after Governor Arnold Schwarzenegger threatened to veto the measure. The author of the bill, California State Senator Alan Lowenthal (D-Long Beach), has vowed to reintroduce the bill next year.

In a joint statement, Governor Arnold Schwarzenegger and Senator Alan Lowenthal (D-Long Beach) said:

“Our ports are an integral component of goods movement in and out of California. I support the concept of SB 974 and want to work together with Senator Lowenthal on the bill so it addresses the future of goods movement while also reducing environmental impacts. I look forward to working during the fall recess with the Senator, his fellow legislators and all interested parties to craft a solution that will protect California’s air quality and also facilitate the goods movement through California,” said Governor Schwarzenegger.

“I am pleased that the Governor understands the need to fund air quality improvements and rail infrastructure, especially grade separations. I accept the Governor’s offer to work together and make SB 974 a reality,” stated Lowenthal.

SB 974, which was approved by California Senate's Appropriation Committee in July, would have imposed a "user fee" on all container cargo going in and out of the ports of Los Angeles, Long Beach and Oakland. It is estimated that more than $500 million would be collected annually from the fee and would fund projects intended to alleviate pollution of containerized cargo moved to and from these ports and improve the movement of cargo in California.

The California Legislature passed a similar bill last year (SB 927) to that would impose user fees on containers moving through he ports of Long Beach and Los Angeles. However, California Governor Arnold Schwarzenegger vetoed the bill. In his veto statement, the Governor said that the bill was "flawed in its construction" and was drafted "to include only two ports and applies only to goods shipped in containers, ignoring all other forms of shipping and ports of entry." Governor Schwarzenegger also stated that the bill would have a negative impact on the "the sale and delivery of goods grown and manufactured in California." SB 974 addressed one of the Governor's concern by expanding the scope of the user fee to include the port of Oakland.

The container fee has been strongly opposed by many trade groups on grounds that the user fee will hurt California's ports, is anti-consumer and is likely to be unconstitutional.

Labels: Miscellaneous, Ports

Like Congress, we have been on a bit of a hiatus during the past few weeks (a blogging hiatus, but not a work hiatus). However, we will be resuming our regular posts, which will include important customs and export control-related news from the past weeks.

In addition, we are pleased to welcome a new contributor to International Trade Law News. Laura Martino, a newly hired international trade associate in Strasburger & Price's Washington, DC office, will be posting regular updates on customs and export-related matters. Laura's first post can be found below.

Laura is a 2003 a graduate of the American University's Washington College of Law and handled import and export issues at two prominent law firms before joining Strasburger. While in law school Laura served as a Legal Intern at the Office of the United States Trade Representative, where she assisted with bilateral and multilateral trade negotiations.

Labels: Miscellaneous

Tuesday's online edition of the Wall Street Journal contains an interesting story and graphic on the shortage of high-tech fasteners facing the commercial aircraft industry. The article notes that:

During a briefing Sunday on the eve of the Paris Air Show, Boeing Commercial Airplanes President and Chief Executive Scott Carson described the fastener shortage as one of the biggest short-term challenges the industry is facing. "Fasteners are just aggravating as hell," he said, noting that such hardware is usually treated as a commodity that is readily available.

Labels: Export Controls, Miscellaneous

The National Council on International Trade Development's (NCITD) will celebrate its 40th Anniversary with two events on June 14, 2007. The first event, which will take place from 9 a.m. to 12 noon, will feature a program on developments in nuclear export controls and a speaker from the Directorate of Defense Trade Controls (DDTC). The second event will be a 40th Anniversary cocktail reception from 6 p.m. to 8 p.m.

The speakers at the NCITD meeting include:

• Steve Clagett, the Bureau of Industry and Security's Director of the Nuclear and Missile Technology Division;
• Richard Goorevich of the Department of Energy's National Nuclear Security Administration; and
• Janice Owens, U.S. Nuclear Regulatory Commission
  

Labels: Export Controls, Miscellaneous

The California Senate's Appropriation Committee last week approved SB 974, a bill that would imposes a $30 per twenty foot equivalent unit (TEU) user fee on container cargo imported and exported through the ports of Long Beach, Los Angeles and Oakland. The revenues from the user fee would be used to develop infrastructure projects to reduce congestion and to mitigate the air quality impacts associated with the movement of freight in and out of the three ports. The bill was previously approved by the California Senate's Transportation and Housing and Environmental Quality Committees.

The California Legislature passed a similar bill last year (SB 927) that would impose user fees on containers moving through he ports of Long Beach and Los Angeles. However, California Governor Arnold Schwarzenegger vetoed the bill. In his veto statement, the Governor said that the bill was "flawed in its construction" and was drafted "to include only two ports and applies only to goods shipped in containers, ignoring all other forms of shipping and ports of entry." Governor Schwarzenegger also stated that the bill would have a negative impact on the "the sale and delivery of goods grown and manufactured in California."

The bill introduced in this session of the California Legislature addresses one of the Governor's concern by expanding the scope of the user fee to include the port of Oakland.

Last year's bill was opposed by many trade groups, including the California Chamber of Commerce, Los Angeles Area Chamber of Commerce, National Retail Federation, Retail Industry Leaders Association, California Manufacturers and Technology Association, Waterfront Coalition, Wine Institute, California Farm Bureau, California Trade Coalition, and Pacific Merchant Shipping Association. These groups are likely to oppose this year's version of the container user fee bill as well.

Labels: Miscellaneous

Congratulations to the following recent President's "E" Award and "E" Star Recipients for excellence in exporting:

• Kathryn Dye, Sign-a-Rama, Inc., West Palm Beach, Fla.
• Antonio Ceballos, Numonics Corporation, Montgomeryville, Pa.
• Jayne Woodword, Hydra Platforms Manufacturing, Inc., Rock Hill, S.C.
• Sharon Bongiovanni, Gerber Technology, Tollant, Conn.
• Bill Burwell, Maryland Port Administration, Baltimore, Md.
• Susan Whitney, Nylonge Company, Elyria, Ohio
• David Spann, Mallory Alexander International Logistics, Memphis, Tenn.
• Ray Riggs, Hytrol Conveyor Company, Inc., Jonesboro, Ark.
• Carmela Mammas, Pharmaceutical Innovations, Newark, N.J.
• Tom Strauss, Georgia Department of Economic Development, Atlanta, Ga.
• Susan Whitney, Lincoln Electric Holdings, Inc., Cleveland, Ohio

Labels: Miscellaneous

While I do not normally cover tax-related topics, I wanted to bring to your attention a unique and off beat tax-related article entitled The Art of Taxation - Joseph Hemard's Illustrated Tax Code, which was written by my law partner Farley Katz. The article, which was recently published in the Tax Lawyer, the American Bar Association's tax law journal, discusses The Code Général desImpôts Directs et Taxes Assimilées (General Code of Direct and Related Taxes), illustrated by the French book illustrator Joseph Hémard and published in a limited edition in Paris in 1944.

Here is an excerpt from the beginning of the article, which also contains numerous illustrations from the book:

Tax codes are notoriously dull reading. They are devoid of interest to anyone but professionals trained in the arcane language of the tax laws who, even then, never actually consult them except when required by a specific task at hand. The idea of a lengthy, commercially published tax code, profusely illustrated with humorous cartoon-like drawings full of puns and whimsy, with illustrations beautifully hand printed in color, seems almost unimaginable. But such an incredible book exists! Add to this the facts that the book was printed in occupied Paris near the end of World War II and that it contains numerous risqué and decidedly antiauthoritarian images, and one begins to appreciate how truly fantastic this book is.

Labels: Miscellaneous