International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
February 8, 2017 By GVZH Advocates
Gambling, from a legal and policy perspective, has been consistently defined by reference to the constitutive elements of involving a monetary consideration, an element of chance, and a prize having some inherent value.
February 3, 2017 By Kinanis LLC
On 1 December 2016, the European Commission has published proposals to improve the Value Added Tax (VAT) environment for e-commerce businesses in the EU. Particularly, the proposed changes, aiming to allow start-ups and SMEs, to buy and sell goods and services more easily online.
February 1, 2017 By KCG Partners Law Firm
New transparency rules entered into force on 1 January 2017. EU Member States are obliged to automatically exchange information through a central depository on all new cross-border tax rulings and advance price arrangements that they issue, accessible to all other Member States.
January 31, 2017 By Avakov Tarasov & Partners
Russian corporate law provides several options for foreign investors planning to enter the Russian market. Depending on the general purposes of business, a foreign investor can: (a) open a representative office of a foreign company (hereinafter – “RO”); (b) open a branch of a foreign company; (c) act through a Russian legal entity (limited liability companies, and joint-stock companies are most commonly-used for these purposes).
January 31, 2017 By KCG Partners Law Firm
The regulation of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters, is applicable from 18 January 2017.
January 30, 2017 By KM Legal Net
If you have got an Italian or English judgment concerning civil and commercial matters but the defendant/debtor fails to comply with it and his/her assets is abroad compared to where the judgment has been delivered (i.e. Italian judgment and debtor’s assets is located in U.K. or vice versa) you need to start a particular procedure ruled by European Law.
January 20, 2017 By GVZH Advocates
Following a leak in early December, the European Commission has officially published the finalised proposed new legislation which aims to strengthen privacy in electronic communications. The Regulation on Privacy and Electronic Communications (“Proposal”) aims to repeal the ePrivacy Directive. These rules will be updating existing laws and bringing them in line with the new General Data Protection Regulation (“GDPR”), forming part of the Digital Single Market Strategy.
January 20, 2017 By The Posey Law Firm, PC
If your company is importing products made overseas, what is your liability for a safety or quality issue that causes harm? A well-written contract with the manufacturer can define and quantify risk.
January 19, 2017 By AMS Advocaten
Since 14 April 2016 the General Data Protection Regulation (AVG) has been adopted in the Netherlands. This means that starting from 25 May 2018 only one privacy law applies throughout the whole EU, instead of different national laws.
January 17, 2017 By KM Legal Net
The ECJ ruling in Joined Cases C-203/15 and C-698/15 Tele2 and Watson. The ECJ’s recent judgment in the important cases C-203/15 and C-698/15 regards the conditions under which Member States may impose general data retention obligations on communications services providers. The decision has remarkable importance, in the light of the necessary balance of human rights concerning national data retention legislation, in matters such as such as privacy, individual rights and public security.
January 5, 2017 By Open Chance & Associates
The Egyptian Judicial System has traditionally been regarded as the primary and sometimes exclusive forum for the settlement of legal disputes in Egypt. The country’s judicial system has, however, become increasingly overloaded, timely and notoriously procedural complex over the past few decades, rendering it incapable of keeping up with the swift pace of modern business transactions.
December 27, 2016 By Aleksey Pukha & Partners
From January 2017 the procedure of agreement conclusion will be simplified for services exporters.
December 22, 2016 By GVZH Advocates
Following the introduction of the General Data Protection Regulation, the European Commission has been working on reforming the E-Privacy Directive.
December 19, 2016 By Loeb Smith
The Cayman Islands have taken significant steps in recent years to update and modernize the legal framework with respect to protection of intellectual property (IP). Traditionally, the Cayman Islands patents and trademarks registry only served to extend rights which had previously been registered in the U.K. or the European Union.
December 13, 2016 By Arida Law Firm
Filing divorce case in Jordan need a legal procedure, and at the end the woman will have a divorce and shall get her financial rights.
December 12, 2016 By Blair Foreman & Co.
International or Foreign Companies are normally interested in establishing companies with limited liability in Jamaica. The Foreign Investors normally elect either to incorporate a Subsidiary Company or to register an Overseas or Branch company in Jamaica.
The Irish Immigrant Investor/ Entrepreneur Program: A Path to Permanent Residence & European Citizenship
December 8, 2016 By Harvey Law Group
The European market remains one of the leading alternatives for foreign investors wishing to expand businesses.
December 6, 2016 By Loeb Smith
Cayman Islands holding companies, operating companies, and investment funds structured as companies pay dividends and make other distributions to shareholders and investors all the time, but what are the Cayman Islands’ rules governing the payment of dividends and making of distributions?
December 2, 2016 By Gill Nadel Law Office
The Ramla Magistrate Court rejected a claim filed by an importer in order to release goods seized in the possession of a different person as he was entering the country. The court determined that the seizer by the Customs Authority was performed in accordance with the law.
December 2, 2016 By Gill Nadel Law Office
Recently, the Knesset (the Israeli Parliament) approved the Amendment of the Defense Export Control Law, 2016, thus establishing it as an inseparable part of the Defense Export Control Law.
December 1, 2016 By B&R Latin America IP LLC
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.
November 28, 2016 By GVZH Advocates
The EU Single Accounting Directive 2013/34/EU, which repealed the 4th and 7th Accounting Directives on Individual and Consolidated Accounts, introduced a simplified procedure for financial statement reporting. This Directive was transposed into Maltese law via legal notice 289 of 2015 in virtue of the ministerial powers conferred on the Minister of Finance in virtue of the Accountancy Professions Act (Chap. 281 of the Laws of Malta).
November 23, 2016 By Harvey Law Group
The US has finally lifted all remaining sanctions against Myanmar on 7 October 2016. President Obama signed an Executive Order terminating the national emergency with respect to Myanmar, revoking the Myanmar sanctions Executive Orders, and waiving other statutory blocking and financial sanctions on Myanmar.
For Texans, the effects of the North American Free Trade Agreement (NAFTA) are not only visible in an invigorated economy but also in the physical dynamic of increased commercial traffic.
Offshore workers face numerous risks on a daily basis. When these risks lead to on-the-job injuries, the physical, financial and emotional consequences can be devastating for injured workers and their families.
In 2011 the World Intellectual Property Organization – WIPO developed an initial system called WIPO CASE, and in 2012 they enhanced the platform for the patent offices of Australia, Canada and the UK. Since June 1, 2015, any patent office is allowed to join the system but they need to notify the International Bureau. The office of interest has the option to choose if they want to be a proving office or only have access to the system.
Companies, countries, and individuals who are interested in doing business abroad are looking more and more towards Israel. This has not occurred by accident. Israel has devised and implemented national policies to make it a world leader in technology and innovation. The result is a nation friendly to business investment. With the right business and legal guidance, investors are discovering tremendous potential in this small but sophisticated country.
The United States and Cuba marked another historic milestone recently when JetBlue Flight 387 sojourned from Fort Lauderdale, Florida, to Abel Santamaria Airport in Santa Clara, Cuba. Flight 387 was the first direct commercial flight between the two countries in more than a half-century. Six months ago, the two countries signed an agreement to re-establish scheduled air service between them, moving beyond the charter services that had been the sole direct flights for many years.
Corruption is a significant risk for companies doing business in Mexico: bribery is widespread, and business registration processes, including the obtainment of construction permits and licences, are negatively influenced by corruption.
Inheritance and succession issues in relation to UK citizens with assets in Romania are one of the areas about which we are being asked more and more to advise upon. As a Romanian law firm whilst we deal and advise on succession in relation to all countries in respect of Romanian issues, I wish to look briefly at the position so far as a UK succession is concerned
With a recent drop in trade mark official filing fees, Australia just became up to 50% less expensive for foreign trade mark applicants to designate in an international registration under the Madrid Protocol (international registration designating Australia, or IRDA).
The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.
Most probably many people would not know more about where offset/industrial participation discussions were moving toward before the article titled “The defence industry: Guns and Sugar” has been published on The Economist’s 25 May 2013 dated issue.
Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages claims brought by clients follow.
The Necessity and Some Problematic Aspects of the Choice of Law Clauses for International Transactions
In their day by day practice business entities very often conclude transactions that have cross border nature for example a company may conclude a contract with the entities from deferent country and even from different legal system. In this context, the important issue that need to be considered is which law would be applicable to the contract concluded between such entities.
The Council of Ministers of the Republic of Cyprus, on the 13th of September 2016 has issued an amended Regulation in relation to the Scheme for Naturalisation (Citizenship) of Investors in Cyprus by Exception.
"Failure to Use" as a Legal Ground to Cancel the Registration of the Trademark ‘’McDonald’’ in Armenia
In 2014 WEST LLC company registered in the Federation of Russia, has submitted a number of applications to the Administrative Court of RA, requesting to cancel the registrations of the trademarks owned by McDonalds Corporation and registered by the Agency of the Intellectual Property of the Republic of Armenia (McDONALD'S).
Panama has a Corporations Act, which facilitates business and investment, so it is recommended to entrepreneurs take advantage offered by this type of society, when starting your business.
The court system in Romania is still to many a confusing impenetrable system. In the past the rules and regulations seem to have a mind of their own which only the judges and a few practioners seem to fully understand. Fortunately, with a more up to date approach and exposure of the legal system to the EU rules this is no longer the case which it
According to the provisions of the International Convention on the Arrest of Sea-Going Ships, signed at Brussels 10 May 1952, capture means the detention of a ship by judicial process to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment.
The EU Regulation No. 655/2014 establishes a European Account Preservation procedure to facilitate cross-border debt recovery in civil and commercial matters which shall be implemented in Cyprus on the 18th of January 2017.
Many UK nationals have purchased in Bulgaria an apartment, a house with land or simply a piece of land in the mountains or near the seaside to build on it or just as an investment. Such properties have been acquired either personally by the investors or through an investor´s owned Bulgarian entity that represented a vehicle to overcome the legal restrictions applicable at that time for the acquisition of land in Bulgaria.
Decree Law 5 of 1997 included several improvements for the redomiciliation and powers of attorney for corporations which are still useful today
By MMLC Group
On September 3, 2016, the Ministry of Commerce (MOFCOM) released a draft of the Interim Measures for the Administration of the Recordation of Establishment and Changing of Foreign Invested Enterprises (the Interim Measures) for public opinion solicitation. This article looks at this draft and discussions its implications.
Saudi Arabia’s economy showed an impressive performance in the retail sector as per survey of 2015. Saudi Arabia’s retail sector is the largest in Gulf Cooperation Council (GCC), representing 42% of the council’s market size, followed by the UAE (29%) and Qatar (11%).
The main provisions of the Ukrainian legislation governing taxation in agriculture are embodied in the Tax Code of Ukraine, which regulates the special tax regime in the agricultural sector. Ukraine’s tax law provides certain tax benefits for agricultural producers.
One of the means for protection of foreign investment is the conclusion of international agreements on promotion and protection of investment.
Corporate Taxpayers: Corporate Income Tax (CIT) is paid by the resident companies, which receive income in Ukraine as well as abroad. CIT is also paid by the non-resident companies, which receive income from Ukrainian sources.
In the current economic climate, more and more people in the Netherlands have problems repaying consumer credits. To protect consumers, lenders (banks) must comply with strict standards to prevent so-called excessive lending. We use a recent case to enlighten you as to how excessive lending is underwritten in the Netherlands.
By KM Legal Net
Doing Business in Italy - It should be noted that there are subtle differences compared to other countries and it is important that these are understood before deciding to set-up a company in Italy.
International adoption laws and procedures are complicated. It is important to consult with an experienced immigration attorney who has experience working as an international adoption attorney.
The first question international clients usually ask lawyers in Romania is how long will it take to incorporate a company. For an experienced law firm, that should be an easy question to answer, but like most things in the current business world, the answer is not as simple as the question would lead you to believe.
FinTech is becoming one of the most influential sectors within the economy. It has simplified mundane and extensive tasks in many industries through technological innovation within the financial sector. Law firms are starting to benefit from FinTech through different tools, which could possibly lead to law firms becoming smaller entities as more work is left to computers.
In general, a patient’s choice whether he will undergo a particular treatment or participate in a clinical trial constitutes an expression of his autonomy and human dignity. His consent ensures respect of his personality, dignity and free will. In the health sector, consent is necessary for every intervention on the human body, while a different consent is also required for further using in research personal health data.
Individual developers as well as SMEs across the world are currently developing a Cambrian explosion of business activity on mobile. This in turn creates data protection issues, as the data stored and processed concerns highly private health information. It is therefore essential to design health apps in a way that ensures user privacy.
Whilst the protection of Know-how and Trade Secrets is usually covered in local law there is often confusion as to how this will translate internationally and how will clauses covering this in a contract governed by one law be considered in another jurisdiction.
In 2015 Ukrainian legislation related to the acquisition of a significant shareholding in a bank was substantially amended. This was due to the harmonisation of Ukrainian legislation with EU legislation. Changes were, therefore, made to the laws of Ukraine as to the transparency of ownership structure, including the ultimate beneficiaries, of the banks, increase in the liability of the shareholders and related persons of the bank, etc.
Although arbitration is considered as a reasonable form of alternative dispute resolution, foreign arbitral awards are subject to an enforcement procedure. In this sense, The New York Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a simplified procedure for recognition and enforcement in the contracting states including Turkey.
In accordance with the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same duties as citizens of Ukraine.
Foreign investments are invested by foreign investors’ values in objects of investment activities in order to make a profit or to achieve social effect.
There are internal and external labor migrations. Internal migration is implemented within a country, while foreign migrant workers involve leaving the territory of the country, to take up well-paid employment abroad. Recently, the popularity of external labor migration began to increase.
The Internet has become an important business tool for brand promotion. Any company that wants to successfully put its products or services across to the public can’t get around the benefits of the global online market anymore.
In Romania, and perhaps in the rest of Europe, little attention seems to be paid to Data Protection and the implication of the regulations which are passed both at European Union and Romanian National level.
Wouldn’t you like to know what is in the Canada Revenue Agency’s (“CRA”) files concerning your GST/HST audit?
Would you like to know why the CBSA is not approving your NEXUS application? Would you like to know what the CBSA officer wrote about your secondary inspection? Would you like to know what is in your CBSA verification file?
Is your foreign company trying to set up a business arrangement in Pakistan?
U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
On June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
The United Kingdom’s (“UK”) 40-year relationship with the European Union (“EU”) is ending due to the historic British vote to leave the EU on June 23, 2016. Given the UK’s decision to leave, any company doing business in the UK or with the UK must monitor potential trade issues that will arise as a result of Britain’s exit, now commonly referred to as Brexit. This article briefly outlines the Brexit’s potential implications on trade.
Compliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
One objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
How to Claim Refunds for Overcharged Import Taxes Due to Surveillance Certificate Requirements in Turkey
Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate. Based on new precedent, it is now possible to reclaim such overcharged tax and expenses.
On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada Border Services Agency issued Customs Notice 16-05 “Amendments to Iran Sanctions as of February 5, 2016”.
Tax investigators have apparently been sifting through the Panama Papers in the hope of rumbling suspected tax dodgers. There is still time to submit a voluntary declaration that can lead to immunity.
Where could Turks immigrate? It is unlikely that many Turks will immigrate to Muslim countries, because the level of freedom there does not reach even modern-day Turkey. Even business immigration to the EU does not look so attractive for the middle class, because the cost of living is much higher in the EU. There is one more potential country for temporary or permanent immigration – Ukraine.
1. The Legal Instruments Utilized on International Arbitration in the UK: A very important point that needs to be made as an introductory note is that the legal instruments governing international arbitration at the London seat are:
By Planet Depos
Litigation involving foreign witnesses can be challenging. Paralegals will no doubt find that their cases will require the services of both deposition interpreters, also known as legal interpreters, and realtime court reporters who are up to the task.
Many Canadian corporate counsel are members in the NEXUS Program and rely on their NEXUS Membership Card to by-pass long airport security lines (on international and domestic flights) and to use shorter lines at customs clearance. The NEXUS Membership Card is a valuable asset because it saves time.
The Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
The European Union, which was considered as the most successful integration project, has undergone significant changes with which it faces for the first time. The key issue of the exit of the UK from the EU is absence of such procedure mechanism for implementation.
The United States government has maintained for some time a strict economic sanctions regime targeting Iran and a comprehensive embargo targeting Cuba. Both of these regimes were designed to deny those countries access to the U.S. financial system by generally prohibiting U.S. persons from engaging in nearly any transaction involving Iran or Cuba and their nationals.
On February 19, 2014 President Obama signed executive order 13659. This executive order titled “Streamlining the Export/Import Process for American Businesses” was implemented to modernize and simplify the way executive governments and agencies interact with traders.
The European Commission has expanded its proceedings against an internet company on account of possible infringements of antitrust law. The latter is said to have potentially abused its dominant market position.
The new Ukrainian law simplifies procedures on access to justice, provides fundamental reform of the judicial system of Ukraine pursuant to international regulations and standards and increases the independence of judges. Now Ukraine is entitled to recognize the jurisdiction of the International Criminal Court under the terms of Rome Statute of the International Criminal Court.
Initially introduced in April 2015, the Trade Facilitation and Trade Enforcement Act (the Act), also known as the Customs Reauthorization Bill, was finally enacted in February 2016.
By Molina & Co.
Panama is a land blessed by God, where you can enjoy on the same day the tropical heat of its beaches and the fresh air from the high lands.
In general : Business entities in Egypt that have been incorporated after the enactment of the Law 8 of 1997 enjoy further guarantees and incentives.
Tax system :As a result of enactment of the Tax Law 91 for the year 2005, and its amendment by the Presidential Decision No. 96 for the year 2015, the taxation system in Egypt has been transformed.
While the immigration officers have the prerogative to decline entry of foreigners, they must do so without arbitrariness, that is, the ground for refusal must be among those provided by law.
Internet postings are subject to Philippine jurisdiction. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), jurisdiction shall lie if any of the elements of the libel was committed within the Philippines. One of the elements of libel is publication of the charge. If the posts are published and accessible in the country, Philippines has jurisdiction.
Consider: the case of foreign entities marketing their products to Egypt directly without the requirement of business entity incorporation in Egypt but with the help of certain form of representation.
Franchise agreements: In general terms, a franchise agreement is a contract in which one part known as franchiser, allows the use of its intellectual property (Know-how, trademarks, patents, copyrights, etc.) to another person, called the franchisee, with the aim of economically exploit a business or company within a given geographical area.
In 2012, the Bangladeshi Parliament, feeling the need to enforce mandatory mediation in all civil cases, made an amendment to its Civil Procedure Code making mediation mandatory before all civil claims go to trial. While the law has been passed, it is not yet in force, as it is awaiting a trained pool of mediators to run court-referred mediations.
The long announced plans of Ukraine in relation to massive privatization are being gradually implemented. The importance of privatization is backed by the need, on the one hand, to fulfill the state budget, and, on the other hand, to increase the effectiveness of state enterprises’ management.
In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The Court of Appeal found that the authority of a company to apply for its own bankruptcy had been misused. When is there misuse?
Legal Framework: Post 25th of January, 2011 Revolution Direction following Revolution of 25th of January, 2011, Egypt has been heading towards the future in a slightly different track. Political and economic distress has led to significant changes in the political, economic and legal landscapes.
Many Ukrainian companies actively import goods and services. Frequently, their foreign counter-parties require prepayment for delivered goods or rendered services. Therefore, it is worth remembering that prepayment in favour of the non-resident under foreign economic contracts triggers provisions of the Ukrainian legislation in relation to settlements in foreign currency, such as Article 2 of the Law of Ukraine “On procedure for settlements in foreign currency”.
It is possible under certain circumstances according to German and European antitrust law for agreements restricting competition to be permissible if they have a positive impact on the market.
It’s been a whole full working day and a weekend since the UK (well, just over half of those who turned out to vote) decided the UK should leave the EU. Following on from our recent article we look at what’s happened so far and what should, or could, happen next.
Import is strictly regulated by the Egyptian government permitting Egyptian nationals only and fully owned and managed Egyptian companies to import into Egypt. For importation into Egypt for the purpose of trade, companies/individuals should register with the Register of Importers.