Governors Pledge Support for NLCIFT
Dr. Boris Kozolchyk lectured on the role of commercial law in promoting economic development and free trade at the University of Sonora May 2-4. He also attended the Arizona-Mexico Commission meeting where he met with Sonoran Governor Fabio Beltrones and Arizona Governor Fife Symington concerning the electronic registries of Arizona and Sonora.
On May 30, Dr. Kozolchyk attended the XIV Annual Border Governors’ Conference in Santa Fe, where the governors adopted a resolution to promote the work of the National Law Center for Inter-American Free Trade and the Instituto de Investigaciones Jurídicas de UNAM, in its efforts to facilitate trade and investment in the Western Hemisphere by standardizing key trade and investment law.
In mid-June, Dr. Kozolchyk met with the executives of Banamex, Bancomer and Iverlat in Mexico City, regarding the Secured Financing Project and the creation of a Mexican Bankers Association Drafting Committee for revised secured financing legislation.
Other meetings in Washington, D.C. included a visit with representatives of the office of Mack McLarty, Legal Advisor to the President of the United States and with members of the United States Congress.
International Letter of Credit Guidelines Completed
The completed Standard Banking Guidelines for the Examination of Letter of Credit Documents will be published by the U.S. Council on International Banking (USCIB). The Spanish version of the guidelines was prepared by the NLCIFT with the assistance of banking experts from Banamex, Bancomer and Banco Serfín, and has been approved by the Mexican Bankers Association (Asociación Mexicana de Bancos). It is expected that the guidelines will be circulated and adopted by Mexican, U.S., and Canadian banks. Widespread use of the guidelines would eventually result in increased uniformity and predictability in the processing of letter of credit transactions. For more information, write to: atorriente@natlaw.com
Unified Port Management (UPM) and North American Trade Automation Prototype (NATAP)
The NLCIFT has been developing an EDI bill of lading for cross border shipments that will comply with the needs of the North American Trade Automation Prototype (NATAP). The North American Trade Automation Prototype (NATAP) is a new, fully automated process for clearing cargo at the border. The system uses electronic data interchange (EDI), through which trading partners give USCS prior notice of an approaching shipment; USCS and the other customs agencies then make a pre-determination as to whether the cargo should pass without an inspection. Since the NATAP is a prototype, companies involved must comply with all existing procedures while utilizing the NATAP automated process. The NATAP will be tested at numerous border crossings, including Nogales, Laredo, Otay Mesa, El Paso, Buffalo and Detroit.
Gary Doyle, Project Legal Director for transportation and customs at the NLCIFT, met with other NATAP project personnel at the U.S. Embassy in Mexico City to hear ideas and criticism of the prototype. The primary concerns of the group focused on the involvement and support of the Mexican Customs brokerage industry and the need for Mexican agencies to coordinate their efforts in the clearance of cargo.
The State of Arizona will conduct a study on Unified Port Management (UPM) at the Nogales Port of Entry, in conjunction with a federal pilot project taking place in Nogales and Buffalo. In the past, the U.S.
Customs Service and the Immigration and Naturalization Servic each had a director of operations at both ports. Under the federal project, management of USCS and INS personnel will be performed by a “Port Director.”
The Nogales federal pilot project is limited to the DeConcini facility and includes procedures and management of personnel associated with passenger and pedestrian traffic. Cargo is not an element in the federal project. The Arizona UPM is much more inclusive, also considering cargo at the Mariposa crossing and Mexican customs procedures. It is hoped that procedural changes may increase the efficiency of the port and may eventually be adopted at other ports of entry. For more information on the UPM or the NATAP, contact Gary Doyle at gdoyle@natlaw.com.
U.S. Mexico Law Institute Conference in September
Dr. Boris Kozolchyk, Director and President of NLCIFT, will speak at the 5th Annual Conference of the U. S.-Mexico Law Institute, Inc., to be held in Santa Fé, New Mexico September 19-21. Dr. Kozolchyk will report on the current Center projects and discuss proposed legislation to modernize secured financing in Mexico.
The Institute has been organized in cooperation with the Mexican Law Committee of the Section of International Law and Practice of the American Bar Association, the State Bar of New Mexico, the Asociación Nacional de Abogados de Empresa (ANADE) and the University of New Mexico, to promote research on legal problems common to the U.S. and Mexico, to study the administration of justice in both countries, and to provide a regular forum for attorneys, judges and legal scholars.
The Institute will offer an advanced program to include: 1) Secured Financing in Mexico, 2) Recent Decisions of Binational Panels under NAFTA, and 3) Enforcement of Foreign Judgments and Arbitral Awards in Mexican and U.S. Courts. This conference is being co-sponsored by Continuing Legal Education (CLE) of New Mexico, Inc., and has been approved by the New Mexico MCLE Board for 12 General MCLE credits, based on a 50-minute hour. For more information, contact: Franklin E. Gill or Claire Conrad, (505) 277-7825 or 277-0080; fax (505) 277-0068.
New Addition to Law Library
The library at the University of Arizona College of Law recently completed major renovations to its Foreign and International Law collection. The Foreign and International Law collections are now housed in the newly renovated west wing of the library, where over 7,000 square feet have been dedicated to foreign and international law materials. Along with the renovations come commitments from the College and the University of Arizona to continue to increase the size of these collections, in hopes of developing one of the best collections in North America.
NLCIFT Joins Research Team to Review Colombian Patent and Trademark Law
In June, the Colombian government awarded a contract to review its patent and trademark law to a group of research organizations and scholars in the field of intellectual property law, headed by RES International, Inc. RES International develops computer programs for patent and trademark offices and engages in contract work with governments to review their intellectual property laws.
The National Law Center is one of the contractors, together with the University of Ottawa, College of Law and the Instituto de Investigaciones Jurídicas in Mexico City. The research team focuses on comparing the Colombian patent and trademark law, which is mainly based on the Andean Pact’s intellectual property regime, to the U.S., Mexican, Canadian and German patent and trademark laws. For more information, please contact Christina Moeckel at cmoeckel@natlaw.com or (520) 622-1200.
Transportation Law and Practice in North America
This comprehensive report, written by Dr. Boris Kozolchyk, Gary T. Doyle, Esq., and Lic. Gerardo Olea, describes the current state of the transportation industry throughout North America and the common practices for domestic and international shipments between the United States, Mexico and Canada. It includes the culmination of seven meetings of the North American Committee on Surface Transportation Law and Practice (NACST) and an English translation of the most important Mexican trade law and regulation: Law of Roads, Bridges and Federal Motor Transportation, and the Regulation of Federal Motor Transportation and Auxiliary Services. Proceeds from this publication support the NLCIFT’s efforts to harmonize transportation and other trade laws and practices in the Western Hemisphere.The cost for this publication is $100. To order, call (800)-LAW-FIND or send e-mail to natlaw@natlaw.com
New Customs Law available in English Translation
The English translation of Mexico’s new Customs Law (Ley Aduanera) is now available from NLCIFT. The Customs Law was published on 12/15/95 and went into effect on 4/1/96. A printed copy is $75 for subscribers and members; $95 for non-subscribers and non-members. The translation of the Regulation will be sent as a free supplement in the coming weeks. To order, call (800)-LAW-FIND.
Mexican Law - Source: Diario Oficial
-Coastal, Sonoran regions get protected status (7/19)
-New banking rules on capital requirements (7/15)
-Review of import penalties on Chinese chemicals, magnets (7/10)
-Tax-rule amendments.on income taxes, non-citizens purchasing autos in Mexico (7/11), annexes 7/12)
-Tax payment methods to affect consumer goods (7/9)
- Proposed standards would require inclusion of health info on cosmetics labels (7/9)
-5 drugs added to list of psychotropic substances (7/9)
-Mexico to inspect imported produce (7/8)
-Private communications protected from illegal surveillance (7/3)
-Seven Mexican bank closings announced (7/1, 7/2, 7/4)
-SECOFI revises policies regarding regulated toxics, modifies tariffs on apples, other merchandise subject to import permits (7/3)
-SECOFI simplifies rules for business applications (6/28)
-Tariffs, new rules affect imports and exports (6/26)
-Mexican Supreme Court cases
-Translation of Mexico’s Programa de Política Industrial y Comercio Exterior. (5/31)
Other materials include:
•The Real Property Trust in Mexico by Francisco Corrales
•Case Law from Mexico, Argentina, and Brazil.
•Brazilian Legislation
•1996 tariff schedules for Colombia
•supplementary articles on developments in other Latin American countries' legislation published by law firms such as Baker & McKenzie; Kelley, Drye & Warren, and others
•various decrees and laws from Argentina
Updated Translations of Mexican Laws (published jointly by Foreign Tax Law, Inc. and the NLCIFT)
-Agrarian Law
-Law Regulating Financial Groups
-Federal Consumer Protection Law
-Law of Foreign Trade and its Regulation
-Law of Foreign Investment
-Fiscal Code and its Regulation
-Value Added Tax Law
-Tax on Assets
-Income Tax Law
For these and others, visit http://www.natlaw.com or call (800) LAW-FIND.
New listserv created
A listserv at the University of Arizona called LAT-LAW was created in early July 1996 for those seeking or wishing to discuss Latin-American legal materials or business information. To subscribe, send the following message: SUBSCRIBE LAT-LAW (your name) to listserv@listserv.arizona.edu.
September 11-14, Las Cruces, New Mexico
Visión para las Américas: First Annual International conference on Natural Resources and Cultural Heritage. Contact: Alice Barrios (505) 646-5464; e-mail bri@nmsu.edu
September 11-13, Guadalajara, Jal., Mexico
3rd International Environmental and Clean Technologies Exposition: AMBIENTEC 96
Organized by the University of Guadalajara, the Metallic Industry Chamber and other organizations, this exposition will showcase business opportunities for organizations and businesses concerned with minimizing the environmental impact of manufacturing and other technologies. Contact: Maria Vera at:palerm@beleneserv.uctbel.udg.mx
September 19-21, Santa Fe, New Mexico
5th Annual Conference of the United States-Mexico Law Institute, Inc.
Subjects include: Secured Financing in Mexico; Restructuring Mexican Debt and Eurobond Debt; Recent Decisions of Binational Panels Under NAFTA; Enforcement of Foreign Contracts, Judgments and Arbitral Awards in U.S. and Mexican Courts. Contact: Franklin E. Gill or Claire Conrad, (505) 277-7825 or 277-0080; fax (505) 277-0068.
Membership
If you wish to support the National Law Center and/or to receive information on membership, please contact Kevin O’Shea, development director, at (520) 622-1200. Membership in the NLCIFT allows individuals and private industry representatives to become directly involved in the work of the center by participating in committee projects, attending international meetings, and exposure through project-related printed materials and database on the world-wide-web.
NOVEDADES
Vol. 3, No.7
Editor:
Yvonne Boyed (summer edition)
Novedades is published monthly by the National Law Center for Inter-American Free Trade, a non-profit research and educational institution whose purpose is to facilitate trade and investment by standardizing key trade and investment documents and harmonizing trade and investment law.
To have your name added or removed from Novedades mailing list, please contact Virginie Drujon-Kippelen at the National Law Center for Inter-American Free Trade, 111 S. Church Ave., Suite 200, Tucson, AZ 85701-1602. Tel: (520) 622-1200; Fax: (520) 622-0957; E-mail: natlaw@natlaw.com; Internet: http://www.natlaw.com