August 1995 Novedades Monthly newsletter of the National Law Center for Inter-American Free Trade NLCIFT Director Participates in Historic Summit Dr. Boris Kozolchyk, NLCIFT Director, at the invitation of the U.S. Department of Commerce, participated as a featured panelist at the Hemispheric Trade and Commerce Forum in Denver, Colorado, July 1-2. The Forum was a historic event in continuing the Summit of the Americas' initiatives on hemispheric commercial integration and working toward the establishment of a "Free Trade Area of the Americas". The Forum was attended by ministers of commerce from 34 countries, senior executives, and experts from throughout the hemisphere to discuss key issues and develop practical recommendations for moving forward with hemispheric commercial integration. As an international law expert, Dr. Kozolchyk was a panelist for the workshop entitled "Enhancing Integration through Legal Systems". The discussion focused on the harmonization of trade and commercial laws, regulations and practices in the hemisphere that would facilitate the cross-border movement of goods, services and transactions and reduce the potential for corruption. During several of the discussions the work of the NLCIFT was commended for its significance in making free trade possible. The legal panel considered a recommendation encouraging the creation of regional law centers associated with the NLCIFT and adopt the National Law Center's agenda and methodology. ** Transportation Update Ken Hoffman of Hoffman & Stephens, P.C. (Austin, Texas) and Gary Doyle of the NLCIFT attended the plenary session of the Land Transport Standards Subcommittee (LTSS) and the Transportation Consultative Group (TCG) in Vancouver, British Columbia, Canada, June 27. Mr. Hoffman and Mr. Doyle presented the work of the North American Committee on Surface Transportation Law and Practice. The focus of the presentation was the usefulness of a uniform bill of lading to the various agencies responsible for the compliance of motor carrier safety law. The presentation also identified the advantage of a uniform bill for electronic data interchange and the tracking of data. The LTSS was very interested in the work of NACST and has agreed to assist in the implementation of the Committee's recommendations. Members of the LTSS also stated that the government is not equipped to properly deal with these types of problems. However, Arnold Levine of the U.S. DOT and U.S. delegation leader praised the work and asked if there was anything at this time the LTSS could do to assist the Committee. Mr. Doyle also met with the Interstate Commerce Commission and the FHWA to discuss the future effectiveness of insurance endorsements after the implementation of NAFTA. The primary concern is ensuring proper protection of third parties from damages and injuries caused by foreign motor carriers. Motor carrier financial responsibility requirements is one of the issues being researched by the NLCIFT under a contract with the FHWA. The FHWA study is a comparative report on the motor carrier safety regulations in Mexico, Canada and the United States. On July 7, the NACST Uniform Rules of Practice working group met in Tucson to continue drafting of the rules. The working group made substantial progess in developing the directions for completing the uniform bill of lading and other important rules affecting cross border trade. NACST will be meeting on July 31 and August 1 in Cuernavaca, Morelos, Mexico. It is hoped that the Committee will finally resolve the issue of carrier liability. Negotiations on this issue are still being delayed due to the questionable state of the U.S. domestic law in this area. For more information contact Gary Doyle at (520) 622-1200. ** Governor's Conference The XIII Border Governors' Conference will be held in Chihuahua, Chihuahua, Mexico from August 9-11. The Conference wil be attended by governors from the United States-Mexico border states and their delegates from the public and private sector. The goals of the conference are to discuss key issues of concern, strengthen the ties that bind the border region and gain a shared perspective from the delegates of each state. Dr. Boris Kozolchyk, NLCIFT Director has been invited by Governor Fife Symington to participate as one of Arizona's delegates. The topics to be discussed at this year's conference include education, telecommunications, tourism, ecology and environment, transportation/infrastructure, health and community development, and NAFTA business opportunities. ** New Files in InterAmSM •Thesaurus of Mexican Legal Terms (in Spanish) •Communications: Ley Federal de Telecomunicaciones •Banking: Resolución por la que se modifican y adicionan las reglas para los requerimientos de capitalización de las instituciones de banca múltiple. •Environment: Consejo Consultativo Nacional para el Desarollo Sustenable; Se levanta la veda temporal forestal; Se levanta la veda de camarón. •Antidumping Decisions: Acido Sulfúrico de Japón, Productos Porcícolas de Dinamarca, Placa de Acero en Rollo de Rusia Antidumping Resolutions: Productos Químicos Naturales, S.A. de C.V., contra la resolución definitiva de la investigación antidumping sobre las importaciones de productos químicos orgánicos, de la República Popular China, independientemente del país de procedencia; Asociación de Fabricantes de Esteroides, A.C., contra la resolución definitiva de la investigación antidumping sobre las importaciones de productos químicos orgánicos, de la República Popular China, independientemente del país de procedencia; Ropa Alta Calidad, S.A de C.V., contra la resolución definitiva sobre la importación de tela de mezclilla de Hong Kong y de los Estados Unidos de América; Industrias Azucarera y Alcoholera contra la resolución que declara improcedente la solicitud de inicio de investigación administrativa sobre la importación de azúcar originaria de los Estados Unidos de América. Translator's Program San Diego State University will be sending two interns to the NLCIFT in September to begin training as legal translators. The graduate students will be translating legal materials from the NLCIFT's database and key documents related to its projects. It is expected that more students will attend every semester. For more information, please write to the NLCIFT, Attention Sam Adelo. ** Argentina's Center Director to Visit NLCIFT Raul Anibal Etcheverry will be visiting the NLCIFT from August 2-5. He is a professor of commercial law at the University of Buenos Aires and is the President of the Etcheverry Foundation, NLCIFT's sister center in Argentina. During his visit, Professor Etcheverry will meet with each of the project heads and discuss the avenues for cooperation between the NLCIFT and the Etcheverry Foundation. Christina Moeckel, Intellectual Property Project Coordinator, will meet with Professor Etcheverry to discuss the latest legislation on patent and trademark protection in Argentina. Argentina enacted a new intellectual property law last month; after much criticism of the previous law's failure to address the issue of protection for pharmaceutical patents, the new law is intended to make gradual improvements. Power of Attorney Project in Final Stages The NLCIFT's project to develop uniform model powers of attorney for use in the three NAFTA countries is drawing to a close. The model forms are intended for use in the following basic transactions: purchasing or selling real property; obtaining a mortgage loan; banking transactions, incorporating a business; and a general power of attorney. Experts who have worked with the NLCIFT to carry out this project include Claude Perrault of the Quebec Association of Notaries, Mexican notary Octavio Rivera Farber and Adalberto Ortega Solis, President of the Mexican Notarial Association. Mexican consul Marco Antonio García Blanco has also given this project enthusiastic support and encouragement. It is anticipated that the model power of attorney forms will be available through the NLCIFT within the next 60 days. The project has been endorsed by the Union Internationale du Notariat Latin. If you have any questions about this project, please contact Assistant Director Anna Torriente at (520) 622-1200. Thanks to Weherhaeuser The NLCIFT extends its sincere thanks to Weyerhaeuser Company for underwriting the cost of translating the report of the NLCIFT's Secured Financing Project. The 140-page report, entitled "Harmonization of the Secured Financing Laws of the NAFTA Partners: Focus on Mexico", contains the results of a year-long study of Mexican personal property secured transactions law and practices by comparing and contrasting Mexican law with U.S. and Canadian law. The report concludes with recommendations for changes to existing Mexican law in order to bring it into the mainstream of North American developments. The Spanish translation will be used by the National Notarial Association and other Mexican private sector groups to encourage the federal government to undertake substantive law reform and to modernize registry systems. ** Intellectual Property Christina Moeckel, Intellectual Property Project Coordinator, is undertaking a disparity study on computer software in the three NAFTA countries. The study shall illustrate the discrepancies existing with respect to the protection of computer programs in Canada, Mexico and the United States. The purpose is to find out whether the differences in the relevant laws, such as copyright, patent and trade secret law might present obstacles to trade in software throughout the NAFTA region. The study will serve as the basis for the tri- national intellectual property committee meeting this fall. For more information contact Christina Moeckel at (520) 622-1200. ** NAFTA Information on Worldwide Web The Arizona-Mexico Commission is making available electronic information on the North American Free Trade Agreement. As of June 3 people have been able to access the NAFTA Web Page on the worldwide web of the Internet. The NLCIFT is featured in the site. The NAFTA Web Page will offer data on U.S.-Mexico trade between Arizona and its neighboring Mexican state Sonora. It will also include the Uruguay Round of the General Agreement on Tariffs and Trade, as well as trade corridor studies and information about NAFTA's environmental panels and development bank. Tapping into the NAFTA Web Page is free, except for the normal usage time on-line companies charge to members. The commission is exploring ways to generate revenue without charging those who tap into the Web Page seeking information. The NAFTA Web Page is accessible on the worldwide web of the Internet at: http://aspin.asu.edu/nafta. ** ITESM Exchange Dustin Jones, Associate Editor of the InterAmSM Database, completed a five-week summer session at the Instituto Tecnológico y de Estudios Superiores de Monterrey (ITESM) in Monterrey, Nuevo León, Mexico in accordance with the scholarship awarded him. Two other students, Geoffrey Ferlan and Brent Ripley, were also recipients of this scholarship awarded by the ITESM as part of the exchange agreement between the ITESM and the NLCIFT. The session consisted of two courses, Introduction to Mexican Law and Mexican Business Law, which will apply to a Licenciatura en Derecho. Mr. Jones plans to continue his studies at the ITESM in order to obtain the Licenciatura, which is required to practice law in Mexico. ** Annual Meeting The NLCIFT has chosen the Westward Look Resort in Tucson, Arizona, as the site for the 1995 Annual Meeting and Black Tie Fundraising Dinner. Mark your calendars now for November 9-10 and watch for program details in Novedades. For more information contact Lisa Larkin at (520) 622-1200. ** NLCIFT Press Coverage • "User Friendly Credit in Mexico", Twin Plant News, May 1995, Vol. 10. • "Domestic Cargo Liability Spat Slows International Progress", Journal of Commerce, May 3, 1995 (P. 1A). • "Secured Financing in Mexico", The Exporter, June 1995 (P. 19). • "Analysts: Chilean Entry Poses Little Risk to U.S.", Journal of Commerce, June 27, 1995 (P. 7A). • "North American Truck Groups Pursue Unity", Journal of Commerce, June 28, 1995 (P. 1A). • "InterAm Database for the Americas", U.S./Latin Trade, July 1995 (P. 77). ** New Members •Arizona World Trade Center •Steel Hector & Davis