iiBulletin October 2004, Vol. 2

international intelligence Bulletin: Fulfilling Your Need to Know

Kirton & McConkie's international intelligence Bulletin is a free periodic bulletin, a public service of our firm designed to bring you important developments in international law and business, as well as regional and industry news that may impact your company.

We hope you find Kirton & McConkie's international intelligence Bulletin useful. If there are any areas you would like to see covered, please contact Conan Grames, Publisher of iiBulletin, by e-mail at cgrames@kmclaw.com or by phone at 801-328-3600.

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NEWS ALERT

WTO Rulings Against the Byrd Amendment Prove Costly for the U.S.

On August 31, 2004, the WTO passed a ruling in response to the Byrd Amendment that will cost the U.S. $150 million in penalty tariffs. This WTO response to the Byrd Amendment is causing some U.S. lawmakers to question the U.S.’s future involvement with the WTO. Click here to find a more detailed analysis of the WTO decisions and the implications of those decisions, both for the U.S. and the WTO.

Direct Selling in China — An Opening Door

China evidenced its willingness to permit direct selling operations in a meeting held September 10, 2004 by the Chinese Ministry of Commerce in Xiamen, China. During the meeting, the Ministry introduced its “Proposed Direct Selling Regulations” to pave the way for allowing direct selling activities. Click here for details about the qualifications for direct selling and the regulations regarding sale of products, salesperson, and customer recruiting and training.

Regional News

Asia

China: Obtaining a Chinese Green Card Becomes Easier

China created its own Green Card System, making it easier for foreign citizens to obtain permanent residency. Under the new Chinese Green Card, there are no longer restrictions on how long a foreigner may stay in China, nor is it necessary to apply for an entry visa before arriving in China. Find out more about this new procedure by clicking here: www.iibulletin.com/kmclaw.

China: Auto Financing Companies Contend for Occupying China’s Auto Loan Market

On August 5, 2004, General Motors obtained final approval from the China Banking Regulatory Commission to offer car loans to Chinese consumers via its joint venture GMAC-SAIC Auto Financing Co Ltd. To reach full potential, domestic Chinese banks may ultimately be forced to surrender the market to foreign auto financing firms that are more experienced in dealing with auto buyers. Find out more at www.iibulletin.com/kmclaw.

Europe

Germany: Changes in German Electronic Communication

Germany’s new Telecommunication Law (TKG) substantially implements the E.U.’s 2003 Regulatory Framework for the Electronic Communications Sector. The TKG aims to enhance competition and provide easier market access for smaller companies through further deregulation of the formerly state-run and still market-dominant telephone utility, Deutsche Telekom AG (DTAG). Click here www.iibulletin.com/kmclaw to find out more.

Latin America

Brazil: Decisions on Arbitration Projected to Bring Additional Business to Brazilian Economy

An improved Brazilian arbitration system increases the security of conducting business transactions with Brazil. Consequently, trade with the South American country that represents approximately half of the entire population, territory, and economy of the continent, is on the rise. Find out more by clicking here: www.iibulletin.com/kmclaw.

Foreign Trade News

Japanese Foreign Trade Commission Introduces New Merger Review Guidelines

On May 31, 2004, the Japan Foreign Trade Commission produced a new version of its merger guidelines, the “Guidelines on the Application of the Anti-Monopoly Act to Reviewing Business Combinations.” The new guidelines should allow businesses to better anticipate whether their planned merger will gain approval from the Commission. Click here for more details: www.iibulletin.com/kmclaw.

Kirton & McConkie News:


Two New Associates Join Kirton & McConkie, Adding to the Diversity and Experience of the International Law Practice Section

Associates Terry (TJ) Fund and Daqin Zhang joined Kirton & McConkie’s International Practice Section in the summer of 2004. Both TJ and Daqin bring a wealth of experience and expertise to Kirton & McConkie’s International team. Daqin, the only native Chinese lawyer practicing in a major Salt Lake City firm, is fluent in the language and culture of both China and America. TJ specializes in Europe and is fluent in French, German, and English. Click here for TJ and Daqin’s short personal biographies: www.iibulletin.com/kmclaw.