Novedades  News from the National Law Center for Inter-American Free Trade

Volume 5, Number 7 July 1998

Center to Host OAS Trade Meeting in 1999

Annual Meeting Also Highlights Research, Educational Projects  

Center president and founder Dr. Boris Kozolchyk announced that the Organization of American States (OAS) will hold its drafting session of treaties in 1999 at the Center. The announcement was made during the Center’s annual meeting held June 5 in Tucson. The drafting sessions will result from  a study of laws governing secured transactions in Latin America. The goal of such work is the facilitation of banking and commercial lending in Latin America. “It is becoming part of an hemispheric agenda to be able to facilitate secured lending for commercial purposes,” said Dr. Kozolchyk.

In September 1998, the Center will be hosting a major banking meeting in Mexico in cooperation with the Asociación Mexicana de Bancos (the Mexican Bankers' Association or AMB) and the Federation of Latin American Bankers (FELABAN). The meeting will gather representatives from the U.S. Council of International Banking (USCIB) and the International Institute of Banking Law and Practice (IIBL&P), as well as banking lawyers and professionals.

A draft of a modernized statute on secured transactions will be submitted to the Mexican Congress in its September session.“The statute addresses the right of creditors in  secured lending and also the modification of registries and the creation of an electronic commercial registry in Mexico,” said Dr. Kozolchyk. The Center has worked with a variety of Mexican authorities on the statute. If adopted, it could serve as a model for other Latin American countries.

Dr. Kozolchyk also reported that the Center is discussing with the Government of Chile work on a comparative study of uniform accounting standards for banks in the U.S. and Latin America. The study would result in recommendations on how to improve those standards and their application.

In the area of labor, Dr. Kozolchyk observed that the labor law book released by the Center — Mexican and U.S. Labor Law & Practice: A Practical Guide for Maquilas and Other Businesses — “has been well received.”

Regarding the environment project, Dr. Kozolchyk noted that the recent seminar on judicial cooperation along the U.S.-Mexico border — held in New Mexico on March 26-27 — was a success.

In the area of transportation, Center work resulted in the release of a set of rules regarding every aspect of freight transportation between the NAFTA countries — North American Standard Transportation Practices: A Guide to Truck Transportation.

In the intellectual property area, the Center is initiating a project involving the creation of a specialized intellectual property (IP) court in Mexico. Such a court would have jurisdiction and expertise to adjudicate IP matters, including copyright and trademark infringement cases.

Finally, with regard to the master of law program in international trade law, conducted jointly by the University of Arizona and the Center, Dr. Kozolchyk noted that “the Fulbright Foundation singles out the program at the University of Arizona College of Law as the most successful program in the area of international law.”

The LL.M. Program is directed by Prof. David Gantz, who also serves as the Center’s associate director.

MEETING HIGHLIGHTS

Plans & Accomplishments

Secured Financing/Banking
• 1999: Center to host an OAS meeting of experts on trade documentation and secured transaction laws in Latin America.
• Center has entered into discussions with the Chilean government to analyze bank accounting standards in the U.S. and Latin America.
Labor
• Published — Mexican and U.S. Labor Law & Practice: A Practical Guide for Maquilas and Other Businesses — comparing labor laws and practices in the U.S. and Mexico.
Environment
• Conducted border environment seminar for U.S. and Mexican judges on judicial cooperation along the U.S.-Mexico border.
Transportation
•Finalized a practical set of recommendations for surface transportation among NAFTA countries — North American Standard Transportation Practices: A Guide to Truck Transportation.
Intellectual Property
•Prepared studies on enforcement of copyrights in the U.S. and Mexico and protection of pharmaceuticals and biotechnology in the NAFTA countries.
InterAm Database
•Expanded collection of materials resulting in an increased number of visitors to the Center’s website.
•Developed the Inter-American Trade Report, a bi-weekly newsletter tracking information on trade, commerce and law throughout the Western Hemisphere.

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The Center’s Board of Directors voted to accept a generous offer from the City of Tucson for a 75-year lease of a three-acre parcel of property along the Santa Cruz river.  The downtown site will be the location for the new Center headquarters. Plans have been developed for the construction of a new building to permanently house the Center and to allow for continued growth and expansion.

Report on Legal Issues Relating to the U.S.-Mexico Border Area to Be Released

A report outlining legal aspects of providing medical services in the border region will soon be released by the Center. Amy Mignella, an attorney with the Center, drafted the report which will include an overview of statutes and case law relating to different aspects of medical services available along the border corridor. Federal as well as state rules from Arizona are highlighted.

The study was initiated by suggestions from physicians, non-governmental groups and hospital management representatives working in the region. A small working group was formed to identify specific problems including the following: difficulties transferring patients between the two countries, effectively communicating with patients’ family members regarding consent and other decisions concerning appropriate medical care, and managing the costs of caring for individuals who cannot or do not pay. This study addresses components of these problems, noting relevant U.S. legal developments.

Board of Directors Elects New Members

The Center’s board of directors elected three new board members during its session on June 5. New board members are: Carol Colombo, Esq., of Colombo & Bonacci in Phoenix, Ariz; Leslie Corrigan, Esq., of Citicorp North America in Stamford, CT; and Michael P. Socarras, Esq., of Shook, Hardy & Bacon LLP in Kansas City, Mo.

Center Welcomes New Members

The Center welcomes the following new members: Shook, Hardy & Bacon LLP, in Kansas City, Mo. (charter member); Mr. David H. Brill, Jr.,of the law firm of Goodrich, Riquelme y Asociados in Mexico City (regular member);  Mr. Dustin C. Jones of Tucson, Ariz. (regular member); and Mr. John R. Liebman, Esq., of McKenna & Cuneo, LLP in Los Angeles, Calif. (regular member).  The Center thanks all of its members for their continued support.

Calendar of Events

SEPT.13-16, FLAGSTAFF, ARIZ.
WEPZA Conference on Free Zones and Export Processing Zones
The World Export Processing Zones Association 's conference will address “The Changing World of Free Zones,” and will feature sessions on multinational free zones, the European Union view of free zones at home and abroad, and labor conditions in export processing zones. Contact: Richard Bolin, WEPZA, 520/779-0052; 520/774-8589, e-mail: wepza@aol.com.

SEPT. 23-25, SILVER CITY, N.M.
4th Annual NAFTA Institute
The conference will focus on practical aspects of cross-border trade for the small business person. Contact: 505/538-6320; fax: 505/538-6341; e-mail: sbdc@silver.wnmu.edu.

SEPT. 24-25, MEXICO CITY
1st Inter-American Conference on Banking Law
The Center, in cooperation with the Asociación Mexicana de Bancos (AMB) and the Federation of Latin American Bankers (FELABAN),  is hosting a banking conference intended to disseminate the latest information on international banking rules and commercial lending efforts in the Western Hemisphere. Contact: Lillian T. Araúz, liliarauz@natlaw.com - 520/622-1200.

OCT. 1-3, 1998, SANTA FE, N.M.
7th Annual Conference of the U.S.-Mexico Law Institute
 The program will focus on the current restructuring of banking and financial services in Mexico. Participants will include representatives of the World Bank and leading members of Mexican and U.S. law firms. Contact: Franklin Gill or Claire Conrad at 505/277-7825 or 505/277-0080, or Conrad@law.unm.edu.

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•“Consolidar la relación comercial con los EUA,” by David W. Eaton, Esq., El Financiero, June 16. The article addresses Mexico’s legitimate need to minimize its dependence on trade with the U.S. by negotiating a free trade agreement with the European Union. The article argues that Mexico and the U.S. should nevertheless work jointly to consolidate their relationship under the NAFTA before substantial resources are diverted to other trade agreements.

•“Arbitration is gaining ground in Latin disputes; ADR seen as quicker alternative to courts,” by Thierry Ogier, The Journal of Commerce, June 12, 1998, p.4A. The article reports on the Center's role in promoting dispute resolution throughout the Americas by working closely with the U.S. Department of State and the World Bank to develop non-judicial  methods of resolving commercial conflict.

•“Tucson to host OAS lending, trade talks in 1999,” by Bob Christman, The Arizona Daily Star, June 6, 1998. The article covers the Center's annual meeting.

•“Beware of Changing Coverages; Shippers must read fine print on bill of lading, contracts and rules tariffs,” by John Betz and Ed Marien, The Journal of Commerce, Traffic World section, April 20, 1998, p.37. The article addresses the need to establish a uniform bill of lading, and mentions the committee initiated by the Center which worked to draft a uniform regime between NAFTAcountries.
 

Argentina
www.natlaw.com/argentina/argentin.htm
•Ley 24.065 de la Régimen de la Energía Eléctrica. 19-XII-1991.

Bolivia
www.natlaw.com/bolivia/bolivia.htm
•English translation of the Bolivian Commercial Code. 25-II-1977.

Brazil
www.natlaw.com/brazil/brazil.htm
•Lei 9.250 Altera a Legislação do Imposto de Renda das Pessoas Físicas e dá outras Providências. 27-X-1995.

Chile
www.natlaw.com/chile/chile.htm
•English translation of the Chilean Income Tax Law.  31-XII-1974.

Costa Rica
www.natlaw.com/cr/cr.htm
•Reglamento para la Constitución, el traspaso, el registro y el funcionamiento de los Grupos Financieros.
•Ley 7472 Comptencia y Defensa del Consumidor.  20-XII-1994.

Mexico
www.natlaw.com/mexico.htm
•Revised Decree for the Promotion and Development of the Maquiladora Industry.  02-VI-1998.
•English translation of the above decree.
•Modifications to the Fiscal Code.  29-V-1998.
•Modifications to the Income Tax Law.  29-V-1998.

Nicaragua
www.natlaw.com/nicaragua/nicarag.htm
•Ley 210 de Incorporación de Particulares en la Operación y Ampliación de los Servicios Publicos de Telecomunicaciones.  30-XI-1995.
•Ley 217 General del Medio Ambiente y los Recursos Naturales.  27-III-1996.
•Ley General de Títulos Valores.  04-II-1970.
Reglamento General de la Ley de Contrataciones Administrativas del Gobierno Central.  06-XI-1991.

—compiled by Marsha Quick McFadden
 
 

The Center's InterAmSM database is a unique online service providing Latin American legal and regulatory information. Subscribers to the database receive same-day electronic access to Mexico's Diario Oficial de la Federación, the equivalent of the U.S. Federal Register.  Subscribers also receive the biweekly newsletter, Inter-American Trade Report, which features news summaries, analysis and commentary regarding issues and laws relating to commerce throughout Latin America. For subscription information, please call George Arden at 1-800-LAW-FIND.

 

BRAZIL
“Brazilian Labor Law Modified,” by Noronha Advogados. The article reviews changes made to Brazilian labor law governing short-term labor contracts.

MEXICO
“New Maquiladora Decree Ease Requirements,” by Bryan, González Vargas y González Baz, S. A report on the newly amended maquiladora decree.

BRAZIL
“Recognition & Enforcement of Foreign Judgments and Arbitration Awards in Brazil,” by Durval de Noronha Goyos, Jr.
Brazil is enforcing foreign judgments and arbitration awards in order to open up  international markets.

FROM THE EDITOR
“Brazil's New Labor Law:  A Temporary  Solution?” by Anna Torriente.

Editor
Virginie Drujon-Kippelen
Contributing editors
Timothy Baker, Esq.; Kevin J. O'Shea, Esq.

Novedades is published monthly by the National Law Center for Inter-American Free Trade, a non-profit research and educational corporation whose purpose is to facilitate trade and investment in the Western Hemisphere.

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