iiBulletin July 2006, Vol. 13

international intelligence Bulletin:
Bringing You Worldwide Developments in Business, Law, Economics, & Politics


Legal News

Is Your Sales Contract Governed by International or National Law?

Although the United States is party to the 1988 United Nations Convention on Contracts for the International Sale of Goods (CISG), many U.S. companies exclude it from their international sales contracts. The Convention provides the default standards for sales contracts between residents of member countries. Choice of law can become a costly negotiation point. There are certainly surprises for the unprepared, but if a company overrides the CISG’s unique provisions or learns enough to conform with them, it may never be disadvantaged by the CISG's incorporation. Click here for more information.

Continued Bribery Admissions in Corporate Filings

The United States Government aggressively investigates and punishes FCPA violations. The civil penalties may reach millions of dollars and criminal sentences for corporate officers and individual employees are harsh. In UPS' case the actions were committed by a company UPS acquired during the current reporting period. Universal Corporation's violations were committed by a foreign tobacco subsidiary, demonstrating the breadth of the FCPA's accounting provisions. Click here for more information.

Regional News

Yamaha Runs Afoul of Dual-Use Export Restrictions

Approximately twenty Yamaha facilities, including the corporate headquarters, were raided by the Japanese government in January of this year. The government was investigating sales of unmanned helicopters to China. Yamaha admits to selling nine remote controlled helicopters to a Chinese aerial photography company with a history of dealings with the Chinese military. Click here for more information.

Foreign Trade News

Treaties Protect Investments in Developing Nations

When a foreign government's actions harm a U.S. investor, the United States Government does not leave the investor to the mercy of foreign courts and foreign law. While WTO member nations commit to certain standards of foreign investment treatment in their courts, these commitments may not suffice. Some provisions are too watered-down and others do not yet apply to many of less-developed countries. To ensure elevated protection for its companies, the United States seeks to create "bilateral investment treaties" (BIT). Click here for more information.

Retaliatory Tariffs against U.S. Exports Lifted

On May 12, 2006, Congress voted to repeal the benefits granted to U.S. companies under the 2000 Byrd Amendment. The EU responded by lifting the retaliatory measures in place and withdrew the reintroduction of sanctions previously scheduled for May 16, 2006. Click here for more information.

Kirton & McConkie News

Michael Chen Presents on Critical Issues for Network Marketing, Direct Sales, and Dietary Supplement Companies in China

On April 20, Michael Chen, KMC’s China-based attorney, was honored as a presenter at a conference organized by the Utah Governor’s Office of Economic Development and the Utah Natural Products Alliance. The seminar, was titled, “Challenge of China: Critical Issues for Network Marketing, Direct Sales and Dietary Supplement Companies.” Mr. Chen spoke on effectively conducting business in China--giving advice on how to penetrate the Chinese market, while complying with strict Chinese laws.

KMC Expands its Latin America Practice

From April 2 through April 5, 2006, Kirton & McConkie hosted a lunch briefing and participated in the Utah Trade Mission to Mexico sponsored by the Governor’s Office of Economic Development for International Trade & Diplomacy (“ITDO”). Click here for more information.

iiBulletin Board

International Business Transactions Seminar: KMC International Tax attorney Paul Savage will present at KMC’s IBT seminar on September 12, 2006. The seminar will be from 8:00-9:00am on the 16th of Kirton & McConkie. Please RSVP to Carole Hymas at chymas@kmclaw.com by September 7. A light breakfast will be served.