1ST INTER-AMERICAN CONFERENCE ON BANKING LAW 

On September 24-25 in Mexico City, the National Law Center for Inter-American Free Trade (NLCIFT) sponsored a conference on banking law reform, a topic of great interest to the Western Hemisphere and beyond.

The primary objective of this first inter-American meeting on hemispheric banking law reform was to encourage the creation of working groups to contribute to the draft of an Organization of American States (OAS) Convention or "model law" on secured transactions.

Conference participants were particularly interested in a working document of a draft of this model law (which is to be discussed during the OAS CIDIP-VI process) because it has the potential to harmonize Latin American secured transactions law with corresponding law in Canada and the United States. The model law closely resembles the draft of a new secured transaction law presently being reviewed by the Office of the Legal Advisor to President Zedillo for submission to the Mexican Congress.

"The conference was truly a breakthrough," explains Dr. Boris Kozolchyk, Center President and Founder. . "It has allowed the work of the National Law Center to be examined and approved in significant measure by representatives of banking administrations and lawyers throughout the hemisphere. We have created not only a platform but also a support group for the adoption of several Center projects."

Among the additional developments of the conference was a recommendation by Dr. Gerold Herrmann, Secretary General of the United Nations Commission on International Trade Law (UNCITRAL),  that John Wilson, Esq. be named a Non-Governmental Organization delegate. This will allow him to take part in the next round of negotiations of the UNCITRAL Convention on Accounts Receivable Financing.  Mr. Wilson, Coordinator of the Secured Financing Project at the NLCIFT, will provide expertise on the Civil Law adoption of secured financing mechanisms and the integration of the UNCITRAL Convention into OAS secured financing reform.  Mr. Wilson notes that "cooperation efforts such as those produced by the Banking Law Conference will go a long way to ensure the creation of a comprehensive Inter-American financing framework."

Dr. Kozolchyk agrees. "We have already cemented our role as not only a research facility, but also as a facilitator of the OAS agenda and now look forward to working with the United Nations."

The work of the NLCIFT and of the other hosts and sponsors received strong expressions of support from Banco Nacional de Mexico(BANAMEX), BANCOMER, S.A; the Inter-American Bar Association; the Institute of International Banking Law & Practice (IIBL&P); the Organization of American States; the United Nations Commission on International Trade Law (UNCITRAL); International Financial Services Association (IFSA), formerly USCIB; the Council of the Americas; and Steel, Hector & Davis, LLP, a major international law firm located in Miami, Florida.

"All the key players have expressed a firm commitment to the goals of the Conference," emphasizes Dr. Kozolchyk. "The ABM, FELABAN, the Inter-American Bar Association, the OAS, the Mexican Ministry of Foreign Relations, the United States Department of State and the United Nations Commission on International Trade Law unhesitatingly pledged their support to the goal of modernizing and harmonizing secured transactions, as well as trade finance law in the Western Hemisphere.  I have rarely seen so much enthusiasm and desire to do what is needed, as I saw among the representatives of Latin American Banking Associations."

CENTER MOVES TO NEW FACILITY

On October 1, 1998, the National Law Center for Inter-American Free Trade moved to its new location at 2 East Congress Street, Suite 500. Located in the historic Bank One building in downtown Tucson, the new facility offers over 50% more office space and is ideally located nearby the University of Arizona and local and federal government offices.  All Center operations will now be consolidated under one roof on the second and fifth floors of the building.

Expansion into the larger facility reflects the Center's need to accommodate the increased substantive project work begun for the U.S. Department of State and the U.S. Treasury Department, as well as new private sector projects including product liability and securitization. Additionally, more workspace for interns and volunteers provides for greater University and community involvement in Center activities.

AGENDA

June 1-11, Registry Tour
As part of a contract with the Salvadoran government, the Center sponsored a research trip involving a comprehensive study of the most advanced registries in North America.

Sept 27-29, Border Trade Alliance Meeting In Phoenix
Dan Martin, NLCIFT Marketing Director, recently attended the Border Trade Alliance Meeting which dealt with border issues affecting North America. Topics discussed included cross-border electric service opportunities as well as new technologies to speed truck transport across the border and reduce delays for companies consistently in compliance with NAFTA transport laws.

October 16-17 The Offshore Group: 4th Annual Manufacturing In Mexico
Summit, Empalme, Sonora
On October 16, Dr. Boris Kozolchyk, one of the summit's keynote speakers, gave a presentation entitled "Secured Financing of Maquiladora Operations."

October 19, ICRESON Securitization Meeting, Hermosillo, Sonora
Dr. Boris Kozolchyk was a featured speaker with a presentation entitled "Why to Choose the Securitization Mechanism." NLCIFT and the Sonoran Real Estate Securitization Project hosted the meeting.

October 23, 5th Annual Joint Conference at SMU
This year's conference was entitled "Beyond Summit of the Americas II: Prospects for FTAA and Future Western Integration," and was co-sponsored by Southern Methodist University and the University of Buenos Aires. Dr. Kozolchyk's presentation was entitled "The On-going Importance of Commercial Law Reform."
 

THE CENTER WELCOMES NEW STAFF

Dan Martin - Director of Marketing and Sales
With 14 years experience in marketing, Dan plans to expand NLCIFT's efforts by focusing on business, industry and educational institutions while maintaining and strengthening relationships with long-term clients. He will also be working to improve the products and services the Center offers. Dan is consulting with NLCIFT clients and staff in order to better serve their information needs relating to Latin America, free trade and investments throughout the hemisphere.

Andrew Murphy - Editor, Trade Report, Novedades
Before coming to the NLCIFT, Andrew served as General Manager of the Springfield Free Press, a publication with a circulation of 25,000 in the Ozarks city of Springfield, Missouri. With several years of print media experience, Andrew hopes to increase the circulation and quality of both Novedades and the Inter-American Trade Report by working closely with subscribers to ensure  their needs and interests are satisfied.

Lorena Shallcross - Administrative Assistant
Originally from Buenos Aires, Argentina, Lorena has several years of experience working as an interpreter and translator. At the NLCIFT, Lorena is the  Administrative Assistant to the Deputy Director, Development Director and Research Director. In addition to her general administrative tasks, Lorena will assume translation and the conference planning.
 

MEDIA COVERAGE

"Labor Grievances Rip NAFTA Fabric,"  by Susan Ferris, The Arizona Republic, August 7, 1998,  p. E3.

"Changes in Legal System Could Spur Latin Securitization," Thomson's International Banking Regulator, October 5, 1998, p. 1.

"Mexico Calls for Open Borders for Truckers, Cites NAFTA Rule," by Dean Calbreath, Copley News Services 25, 1998.

"Se lavan 30 mmdd al año en bancos latinoamericanos: Boris Kozolchyk," by Verónica Valdes G., UnoMásUno, September 25, 1998, p. 20.

"Persiste el "lavado" de dinero en Latinoamerica; a diario, hay operaciones por 30 millones de dolares," by Gabriela Martinez., EL Heraldo,  September 25, 1998, p.1.

"Washington Tiene que Alejarnos de la Recesion: M. Glen, Arrastraria a sus Empresas una Debacle Latinoamericana," by Jaime Contreras Salcedo Excelsior, September 25, 1998.

"Latente, el riesgo de colapso bancario en LA, advierten especialistas." by Gabriela Martinez, El Heraldo, September 25, 1998, p.1.

"En riesgo latente banca latina," by Claudia Luna Palencia., Mexico Hoy, September 25, 1998, p. 21.

"Lavados diariamente 30 mil millones de dolares en instituciones financieras de Americalatina," by Carolina Navarrete, El Sol de Mexico, September 25, 1998.

"Habria Quiebras Generalizadas de Bancos en AL si se Prolonga la Crisis de Mercados Internacionales: Felaban," by Carolina Navarrete, El Sol de Mexico, September 25, 1998, p. 16.
 

CENTER'S WORK CITED IN LEGAL PUBLICATIONS

The following is a list of recently published articles making reference to the Law Center and/or Dr. Boris Kozolchyk, Center President and Founder:

"Globalization and the United States Constitution: How Much Can It Accommodate?" by James M. Boyers, Indiana Journal of Legal Studies, Spring 1998.

"Transnational Litigation of Comprehensive General Liability Coverage in Environmental Impairment Cases and the NAFTA," by Winton deRutyer Woods III, Arizona Journal of International and Comparative Law, Winter 1998.

"International Maritime Law: The Nautical Fault Debate (the Hamburg Rules, the U.S. COGSA 95, the STCW 95, and the ISM Code)," by Leslie Tomasello Weitz, The Maritime Lawyer, Summer 1998.

BANKING CONFERENCE PRODUCT RELEASE

A publication distributed at the Center's recent Banking Conference, the Working Document of a Model Inter-American Law on Secured Transactions, is available for $75. For more information or
to place an order, please call 800-LAW-FIND, order #SF-911.

INTERAM_SM DATABASE UPDATES

Brazil

Decreto 2.588 Promulga o Acordo para o Estabelecimento e Utilização de Meios de Rastreamento e de Telemedida situados em Território Brasileiro, celebrado entre o Governo da República Federativa do Brasil e a Agência Espacial Européia.  03-V-1994.

Decreto 2.594 Regulamenta a Lei nº 9.491, que dispõe sobre o Programa Nacional de Desestatização e dá outras providências.  18-V-1998.

Decreto 2.624 Altera a Nomenclatura Comum do MERCOSUL (NCM) e as alíquotas do Imposto de Importação dos produtos que menciona, e dá outras providências.  15-VI-1998.

Dispõe sobre a segurança do tráfego aquaviário em águas sob jurisdição nacional e dá outras providências. 11-XII-1997.

 

Colombia

Resolución 0457 Por la cual se autoriza el Reglamento Conjunto de Operaciones a Plazo presentado por la Bolsa de Bogotá S.A., la Bolsa de Medellín S.A. y la Bolsa de Occidente S.A.  15-VII-1998.

Ley 336 Estatuto General de Transporte.  20-XII-1996.

Costa Rica

Ley No. 6227 General de la Administración Pública.  02-V-1978.

Ecuador

Ley de Arbitraje y Mediación.  04-IX-1997.

Venezuela

Ley Orgánica de Creación del Fondo de Rescate de la Deuda Pública de Venezuela.  20-XI-1997.

Ley de Entidades de Inversión Colectiva.  01-VIII-1996.

Ley de Mercado de Capitales.  29-IV-1975.

RECENT HEADLINES FROM INTER-AMERICAN TRADE REPORT

Brazil
"Securitization of Credits in Brazil," by Levy and Salomao Advogados. Reviews a recent resolution in Brazil authorizing the securitization of bank credits. Loans can now be sold to organizations not belonging to the National Financial System.

United States
"U.S. Sunset Reviews" by Sailer, Steele and Padierna Peralta. An analysis and overveiw of the upcoming "sunset" reviews of over 300 anti-dumping orders.

Colombia
"Telecomm Update from Colombia,"by Gómez Pínon & Asociados. A general review of  fundamental regulatory changes in television and telephone services in Colombia.