International Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of International Law.
The Alternative Investment Funds Law of 2014 was enacted by the parliament on the 10th of July 2014 and entered into force on the 27th of July 2014.
The broad scope of the Foreign Account Tax Compliance Act (“US FATCA ”) introduced by the United States (“US”) and the implementation of that broad scope of application into Cayman Islands law means that it is very important for Cayman Islands domiciled entities to each undertake an assessment of whether or not it is a Financial Institution under Cayman Islands law for the purposes of US FATCA.
Israel's Supreme Court has just handed down a watershed ruling in relation to the question of parallel import in Israel. In addition to re-affirming the existing common law, which permit parallel import, the Supreme Court clarified many do's and dont's relating to this kind of activity, thereby painting a fairly clear picture of what will, and will not, be permitted in Israel.
Israel's Supreme Court recently found that trademark infringement in Israel should not be attributed to an importer who did not knowingly order counterfeit goods, had no intention of buying counterfeit goods, and was the innocent victim of a scam.
The European Securities and Markets Authority (ESMA) has recently published a consultation paper on the asset segregation requirements under the Alternative Investment Fund Managers Directive (AIFMD).
By MMLC Group
A look at the web of Chinese laws that potentially apply to the import of live animals into China.
The Foreign Business Act of 1999 generally restricts service businesses under Category (21) of List Three, with certain explicit exemptions such as hotel management services under Category (17). Furthermore, the Ministerial Regulation Re: List of Service Businesses Exempt from Requiring a Foreign Business License of B.E. 2556 (2013) also exempts certain businesses related to securities and investment from requiring a Foreign Business License.
Pursuant to a treaty of accession between the Russian Federation, Crimea and Sevastopol dated March 18, 2014 Crimea and Sevastopol became integral parts of the Russian Federation as two separate new Russian regions. As such, they fall under the jurisdiction of the Russian Federation.
The Investment Promotion Act of B.E. 2520 (1977) allows three categories for foreigners to enter Thailand in addition to the standard immigration rules. Section 24 of the Act allows for foreigners to enter the country in order to survey investment opportunities. Section 25 allows foreigners who are skilled technicians or experts (and their dependents) to enter the country to work for a company that has been promoted by the Board of Investment (BOI).
FIDIC, (Federation Internationale Des Ingenieurs Conseils), International Federation of Consulting Engineers aims to find a resolution in construction sector. There are five different FIDIC contracts in different colors that regulates different and separate obligations and rights.
First to be explored is the legal nature of the so called “nominee shareholder”. Nominee shareholder is a shareholder of a company holding shares nominally only, that is, only in name. In such a way the identity of the ultimate beneficial owner (“UBO”) of the shares is not disclosed.
On September 6, 2014, the Ministry of Commerce ("MOFCOM") issued the Outbound Investment Management Rules (the "Rules"), which took effect on October 6, 2014. The Rules have replaced old MOFCOM regulations regarding Chinese outbound investment projects. On April 8 2014, the National Development and Reform Commission ("NDRC") issued a regulation regarding measures for the administrative approval and filing of outbound investment projects (the "Measures").
Do you have court order from court of your country that you wish to seek recognition of it in Turkey, but you are concerned that it might not be recognized, because it does not contain the grounds on which the decision is built? Well, here is a good news!
Security for costs is money that a plaintiff is ordered to provide to the court as a condition of continuing with a claim or execution proceeding, and which will be applied on any costs order that may be made against the plaintiff. It provides a safeguard to the defendant in financial terms so as to ensure that he is not unduly burdened by having to bear his own costs in defending claims by plaintiffs who may be unable or unwilling to pay costs to the defendant when ordered by the court.
It is not possible to "pledge" registered shares under Cayman Islands law because title to the shares cannot be transferred by physical delivery. Any grant of security over registered shares that is called a "pledge" will typically be either (i) a legal mortgage or (ii) an equitable mortgage/share charge, depending on its terms. If the security purports to be something else, the chances are that it will be entirely ineffective.
A brief overview about the guarantees that Ukrainian legislation provides for foreign investors and which steps should be done to enjoy them.
Globalisation continues to advance. Trade has long since ceased to stop at national borders. This also has implications for jurisdiction.
Known by its acronym TTIP, Transatlantic Trade and Investment Partnership has the capacity to serve as a game changer in global economic balances. At its core TTIP is a free trade agreement between the United States and the European Union with the underlying objective to increase bilateral trade among two economic blocks by the removal of tariff and non tariff based obstacles before the Transatlantic trade.
The recent decision by the China SPC turns on its head all that international arbitrators and contract drafters have come to believe of the China Arbitration rules, which requires all arbitration to be done by a Chinese institution, which invariable meant the application of that institution's arbitration rules.
Writers often express their views on blogs or forums. With the advancement of laws, anyone who writes articles, must be cautious of consequences of doing so. This is a Malaysian perspective.
The United States is still by far the leading country in defense spending, allocating a sizable portion of its GDP to produce cutting edge military technologies. However, recent reports indicate a decline in American exports in military hardware.
By Karbal & Co.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.
The benefits that will the TTIP bring to the table for both of the signatories across the Atlantic are well documented by the Atlantic Community. Generation of a volume trade that amounts a USD$ 1.2 billion and the expansion of the already existing transatlantic trade accompanied by the removal of non-tariff barriers as well as cheaper prices for the consumers and common standards for the producers that would give leeway for them in fierce global competition by declining production costs.
Despite all the current geopolitics, trade goes on in Ukraine, but what if you are an exporter and have concerns about repayment?
The broad negative list initially issued at the launch of the Shanghai Free Trade Zone (FTZ) in Oct 2013 has been revised as promised. The newly issued negative list issued on June 30 2014 takes immediate effect and decreases the initial number of prohibitions from 190 to 139.
The People’s Republic of China (PRC) rules on arbitration requires arbitration by an institution. Therefore for China based arbitration this usually means arbitration through the China International and Trade Arbitration Commission (CIETAC).
Shale gas revolution has been driving US energy market by increasing economic and industrial competitiveness. Today, shale gas has gained acceptance as “bonanza” which triggered slump in gas prices and sparked off widening the energy gap between US and Europe.
The free trade agreement, known with its acronym TTIP, currently being negotiated between the United States and the European Union is expected to have immense legal implications as well as commercial ones for the signatories.
EEIG in Italy ("Gruppo Europeo di Interesse Economico", GEIE) is an associative organization. GEIE or EEIG can exclusively be used within European area, it encourages cooperation between companies, others economic entities, professionals and physical persons even, and its main requirement is that, at least, partners are coming from two States members of the U.E. This tool can be easily employed in the participation to tenders.
The recent troubles facing Tesla’s expansion into China, particularly the trademark of its name and it’s Chinese version TeSiLa should be paid close attention to especially by small businesses.
The New Turkish Commercial Code numbered 6102, published in the Official Gazzette on February 14,2011 came into effect on July 1, 2012.
By Brown, PC
In 2008, when it was revealed that wealthy individuals around the world were utilizing accounts and trusts in Liechtenstein to evade taxes, the United States initiated a coordinated effort with foreign governments to combat tax evasion through the use of offshore trusts and accounts. The U.S. Department of Justice (DOJ) has since launched criminal investigations of several foreign banks, many of which are ongoing.
On Friday the 4th of July the European Banking Authority (EBA) published an opinion addressed to the EU Council, European Commission and European Parliament outlining its view on how ‘virtual currencies' should be regulated.
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.
The United States and the European Union are readying themselves to celebrate the formation of the biggest single market to date which is expected to ease trade barriers across the Atlantic and increase the volume of bilateral trade between these two economic blocks.
By Brown, PC
U.S. taxpayers hiding assets abroad should take note of the Internal Revenue Service’s plan to sharply increase penalties for such acts, while those who unintentionally fail to disclose offshore accounts will experience much more leniency.
Licence and Registration, Please! – New Licensing and Registration Regime for Directors of Cayman Companies
On 4th June 2014, the Directors Registration and Licensing Law, 2014 (the “Law”) came into force in the Cayman Islands. The Law requires all directors (wherever they reside in the world) of “Covered Entities” to register with the Cayman Islands Monetary Authority (“CIMA”). The Law has also introduced a licensing regime for “Professional Directors” and “Corporate Directors”.
TTIP, the free trade agreement that is currently being negotiated between the United States and the European Union, if successfully concluded by both parties will create the single most important common market in the world where more than one third of the world economic output is already being produced in these two sovereign blocks.
One of the legal instruments and security accreditation of the rights and interests of the parties in the liability is the mechanisms of judicial protection and /or arbitration. But these mechanisms have their own characteristics and aspects that are important to know to protect your interests effectively. Thus, the important aspect is the limitations, in other words, the period during that a person is guaranteed by the judicial protection of rights.
Extra! Extra! Read All About It! IRS Commissioner Announces That Changes Are In the Offing For OVDP 2012
On June 3, 2014 the new IRS Commissioner, John A. Koskinen, gave a speech before the International Business - OECD International Tax Conference. His speech covered the history of the offshore enforcement initiative since the UBS debacle in 2009. His remarks acknowledge what most professionals in the tax community have recognized since the inception: that OVDP needs more tweaking in order to meet the overall goals of enforcement and fairness.
Long gone are the days the American economy by itself producing almost the 50% of the total world economic output immediately following the Second World War. Gone, together with the predominance in the global economic output is the cheap energy prices that sustained the American economy and its new role back in the post war world as the workshop of the world following the British political and economic decline.
FBAR and FATCA are two important abbreviations for those who have overseas financial interests. Failure to file the FBAR report, in view of the IRS’s continuing application of FATCA, can get you into what old military veterans used to call FUBAR.
Particularly, Ukraine, as the successor of the USSR, is the co-signatory of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the European Convention on International Commercial Arbitration of 1961, and the Law of Ukraine "On International Commercial Arbitration" almost verbatim repetition of the Model Law UNCITRAL "On international Commercial Arbitration" of 1985.
A basic insight into the laws of technology and communications in Malaysia.
Below are the rules governing taxation of foreign nationals.
The Contracts (Rights of Third Parties) Law, 2014 (the “Law”) has now been passed into law in the Cayman Islands and is expected to enter into force shortly. The Law will grant to one or more persons who are not parties to a contract (each a “Third Party”) the ability to enforce rights and benefits expressly granted to the Third Party in the contract.
In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because renovations or extensions were not properly authorised or the authorisation was not registered with the different agencies involved. Subsequent permits are possible in some cases, but they do require a special process and incur substantial expenses.
By LPA Law Firm
Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Foreign companies can also do business in Albania through setting up subsidiaries and branches.
Malta Individual Investor Program – Facilitating Citizenship Through Investment in the Republic of Malta
The Republic of Malta allows investors to apply for citizenship, with all of its advantages. Acquiring Maltese citizenship also confers the benefits of European Union citizenship, since Malta has been a member of the European Union since 2004. Maltese citizenship also provides a visa exemption to more than 160 countries around the world, including the U.S.A.
Law That May Reduce Tax Evasion Goes Into Effect On July 1 The Foreign Account Tax Compliance Act (FATCA) became law in the United States in 2010, but the clock is still ticking on its implementation. The clock will stop ticking on July 1, 2014.
The general legal principles regarding corporate personality under the law of the Cayman Islands are similar to those under English law.
The PFIC regime was not introduced until 1986. Prior to 1986, U.S. taxation of foreign corporations was strictly tied to control of the corporation held by U.S. persons. This allowed not only the foreign mutual fund to avoid U.S. taxation, but also U.S. persons who invested in the fund. How so?
Subject to certain conditions, a sub-fund of a PIF or of an AIF which is constituted as a SICAV is allowed to invest up to 50% of its assets into another sub-fund or sub-funds within the same umbrella scheme.
United States citizens, residents and other persons must annually report their direct or indirect financial interest in, or signature authority over, a financial account that is maintained with a financial institution located in a foreign country if, for any calendar year, the aggregate value of all foreign accounts exceeded $ 10,000 at any time during the year.
It should come as no surprise that the IRS has authority to assess FBAR civil penalties. However, what might come as a surprise is that an FBAR violation doesn’t automatically mean that a penalty will be asserted. Why not?
An insight for the unfortunate whose relatives were traveling on MH370.
By Koan Lorenz
In the wake of new turmoil in eastern regions of Ukraine, the European Union has decided to expand the list of sanctioned persons subject to a freezing of their assets. Irrespective of a number of exemptions provided for in the relevant EU Regulations, the sanctioned persons have the possibility of challenging the freezing measures before the EU Courts in Luxembourg.
In his “Kiev Arbitration Days” after-dinner speech in November 2012 (“BITS, BATS and BUTS”), Gary Born presented a suggestion that can leave no one indifferent (speech published as “Essay” by Young Arbitration Review, March 2014 Edition). His idea is to take advantage of the legal framework and experiences gained from the world of investment arbitration and bring that framework and those experiences into international commercial arbitration.
Ordinarily, the United States taxes U.S. citizens and resident aliens on their worldwide income, even when they live and work abroad for an extended period of time. To provide some relief, a U.S. citizen or resident who meets certain requirements can elect to exclude from U.S. taxation a limited amount of foreign earned income plus a housing cost amount. A double tax benefit is not allowed, however, and a taxpayer cannot claim a credit for foreign income taxes related to excluded income.
The most common white-collar offenses run the gamut of nonviolent crimes from antitrust violations to money laundering. The FBI estimates that white-collar crime costs the United States more than $300 billion annually. These estimates do not take into account cases where aggressive and ambitious prosecutors snare an unwary person, who eventually pleads guilty in the face of intimidation and threats. Then there is the plethora of regulations where ignorant noncompliance is, nevertheless, a crime.
Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and don't see boundaries. The lack of "boundaries" in the modern world helps to promote international marriages.
The cross-border cooperation in its actions submits the implementation of common programmes in different fields such as economic, social, scientific, technological, ecological, cultural and others. The main aim of all these relations between business entities from different countries is to get mutual advantages.
Prior to the enactment of the Arbitration and Conciliation Act, 1996 (“Act”) the enforcement of foreign awards were governed by the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961 (“1961 Act”). The law on annulment of domestic awards was governed by the Indian Arbitration Act, 1940 (“1940 Act”). The 1961 Act was enacted by the Indian Legislature to implement the New York Convention.
With the support of an extensive network of professionals (tax advisors, architects, civil engineers, business consultants), a complete series of informative, practical guides focusing on the most important fields of Greek law is available to private individuals, professionals and companies.
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
By LPA Law Firm
According to the assessment, the application of the laws of the PPP / concession in Albania is estimated to achieve "high efficiency" compared to international standards, the implementation of AML being a strong pillar and institutional frameworks and policy pillars were weak.
Congo-Brazzaville: Bill on the creation of a single window for cross-border operations has been adopted.
Democratic Republic of the Congo’s ban on export of copper and cobalt concentrates postponed until December 31, 2013.
After its adoption by the National Assembly and the Senate of the Democratic Republic of the Congo (“DRC”), the President of the Republic promulgated on June 26, 2013 the Law No. 13/023 authorizing the accession of the DRC to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York, on June 10, 1958 (the “Convention”).
New perspectives for the mining sector in Guinea: enactment of the law amending the Mining Code of 2011.
This article is a comparative legal analysis, which points out the adaptability of the legislation in Turkey and the international agreements on corruption and bribery, whereas also points out the differences of the legislation between Turkey, India and United States of America on the contemplated subject.
The Cayman Islands Government has published a new bill that will modify contract law in the Cayman Islands when it is passed into law by mid-March 2014.
Starting with the trade liberalisation and opening up of the economies world over accordingly, each country has been trying to attract foreign capital through liberalised investment policies. In this connection, foreign investors started to seek investment destinations which provide most protective, hospitable and profitable climate for their investments.
Economic freedom in Poland is guaranteed by article 20 of Polish Constitution. However, it does not mean that the Parliament cannot specify terms and conditions in which economic activity may be undertaken and subsequently carried out. In some spheres, due to important public interest, the Parliament retained the right of permitting economic activity to the discretion of economic administrative bodies.
In Europe, online sales are set to reach 191 billion Euro by the year 2017. Faced with these numbers, businesses simply cannot afford to pass up the opportunities presented to them by online channels. Neither can they afford to remain in the dark about developments in the e-commerce regulatory sector. The ever-changing landscape of the world market necessitates a fast reaction time and a keen adaptability for businesses to remain relevant.
On May 10, 2013, State Administration of Foreign Exchange (“SAFE”) released the “Regulations on the Foreign Exchange Administration of Domestic Foreign Direct Investment” (hereinafter the “Regulations”), which came into effect on May 13, 2013.
On August 30, 2013, the Standing Committee of the National People's Congress (“Standing Committee”) issued a decision in which the State Council is authorized to temporarily adjust certain rules on administrative approval in relevant laws within China (Shanghai) Free Trade Trial Zone (hereinafter the “Decision”), which will enter into effect on October 1, 2013.
On December 28, 2013, the Standing Committee of National People's Congress made a decision to amend the Company Law of PRC and the new amendment (the “Amendment”) will take effect on March 1, 2014.
Significant Issues in Employment Law in Israel
Why Swiss Bank Clients Who Can’t Stand the Heat Are Getting Out of the Kitchen.
In response to feedback from its consultation with stakeholders in the Cayman Islands financial services industry (including feedback on a draft Statement of Guidance on Corporate Governance for Regulated Mutual Funds), the Cayman Islands Monetary Authority (“CIMA”) has formally issued, on 13 January 2014, a final Statement of Guidance on Corporate Governance for Regulated Mutual Funds (the “Statement of Guidance”).
Following the announcement of the signature of a bilateral Memorandum of Understanding between Malta and Alderney between the Malta Lotteries and Gaming Authority (LGA) and the Alderney Gambling Control Commission (AGCC) on the 9th October 2013, several operators await further details about the MoU with some anticipation.
An asymmetrical, unilateral or non-mutual arbitration clause may be grossly defined as the one that grants one party to an agreement the right to select either arbitration or litigation as a means to resolve disputes arising from the underlying agreement, yet denies that right to the other party.
Decide promptly, but never give any reasons. Your decisions may be right, but your reasons are sure to be wrong. -William Murray, 1st Earl of Mansfield
Schengen Visa Decisions of the German Embassy Can be Fully Controlled by the Berlin Administrative Court
A German embassy can only reject to issue a "Schengen-Visa" if this is expressly regulated in the EU Visa Code. The national authorities have a wide discretion to determine if there are rejection reasons for the visa applicant, but it is not an exclusive discretion which cannot be controlled by the administrative court.
Argentina: Tax Havens - Publication of the List of Cooperative Jurisdictions for Tax Transparency Purposes
The National Tax Authority (“AFIP”) published today in its “web” site the list of countries, jurisdictions, territories, states and special tax regimes which qualify as cooperative for tax transparency purposes (the “Cooperative Jurisdiction List”).
It is no surprise that in times of global and local economic uncertainties, people are more tend to look for a safe haven to wait for the fluctuations to come to an end.
Notwithstanding the earlier request to the Central Authority it is open to either party to request the judicial authority of the contracting state to issue a fresh letter of request for taking evidence directly to the High Court of the State in which the witness resides or carries on its business. The fresh letter of request addressed to the concerned High Court of the Indian State would be executable under the provisions of the Code of Civil Procedure, 1908 (‘Code’).
Today, in global cash flow around the world made multinational companies to think more on tax benefits and cost effectiveness before they invest in a country.
Actions the Retailer Must Take after Issuance the Order for a Ban on Circulation of Batches of Medicines - Ukraine
The issue of imposition of a ban (temporary ban) on medicine circulation is regulated, in particular, by the Procedure for imposing a ban (temporary ban) on and restoring circulation of medicines in Ukraine (hereinafter referred to as “the Procedure”) approved by the order of the Ministry of Health of Ukraine dated 22/11/2011 No. 809.
The Order of the Ministry of Health of Ukraine № 960 dated November 8th, 2013, “On Approval of the amendments to the License terms for the business related to the importation of drugs" was published. The stated Law cancels the Order of the Ministry of Health of Ukraine № 453 dated March 30th, 2013 and suggests phased introduction of the new requirements for the importers.
A rather detailed introduction of the legal aspects of outbound investment from China to foreign countries based upon the legal reality of China before 2012, which is undergoing further major changes in China at the moment.
The World Trade Organization (WTO) reached its first trade reform deal on Saturday with the approval of nearly 160 ministers, who had gathered on the Bali to decide on the make-or-break agreement that could add $1 trillion to the global economy.
Turkish government makes room for new investors as Turkish economy is open economy which impact Turkey’s growth positively over the last decade and Turkey has growth potential among developing countries.
Major countries can encounter the problem of current account deficit which bring economic problems in developing countries.
Business world firstly threw master funds opinion into the pot in 2011. After two years, this attempt currently came into climax with government support.
As many other countries, Turkey also intends to increase the rate of renewable energy resources to 30 % in its power generation until 20231. In accordance with this, adequate legislative amendments and legal reforms in energy have been made since 2010 which provide diverse incentives to investors. Recently, the Council of Ministers passed a resolution concerning investments and domestic production in renewable energy.
The Shanghai branch of the China International Economic and Trade Arbitration Commission (CIETAC) recently split from CIETAC after the launch of its 2012 arbitration rules. The Shanghai branch (Shanghai CIETAC) declared itself an independent adjudication body with its own arbitration rules and its own panel of arbitrators. However, CIETAC denies the validity of the secession.