Join Us for Lunch as Pat Togni Speaks on “Trade in the Trump Era”

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Patrick “Pat” Togni

Please join us for lunch as the International Practice Section invites Patrick “Pat” Togni to present on “Trade in the Trump Era.”

Pat is a senior associate in the International Trade practice group of King & Spalding, LLP, where he assists clients in Charlotte, N.C., and Washington, D.C.  Particularly, Pat has worked to help his clients navigate the Trump Administration’s approach to international trade policy.

The presentation will take place at 12:00 p.m. on November 7, 2019, in Poyner Spruill’s offices located at 301 Fayetteville Street, Suite 1900, in Raleigh, N.C.  Attendance is free to all International Practice Section members.  Lunch will be provided.

Please note, this presentation will not provide CLE Credit.

Space is limited, so please click here to RSVP now.

If you have any questions, please contact Brandon Wheeler at btwheeler0506@email.campbell.edu.

Micro-Lending with a purpose: A closer look at Kiva

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By Bryant Pernell

Kiva is one of several non-profit organizations helping to provide access to financing and outside investment through micro-lending for humanitarian purposes.

What is Kiva?

Organizations like KivaHeifer International, and Accion International, are leading the charge in the global effort towards financial inclusion.  These microfinancing organizations are helping to provide disadvantaged individuals and businesses with financial tools to improve their lives and their communities.

Officially launching in 2005, Kiva is a 501(c)(3) U.S. non-profit based in California.  As a person-to-person crowdfunding platform, Kiva connects everyday Americans who are willing to lend capital oversees to people needing small amounts of capital to start and grow their businesses.  Because so many people around the world lack access to financial institutions, Kiva is helping to expand interaction with underserved and impoverished communities.

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Volunteers Needed for Law School Panels

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By Laura Burton

We are seeking volunteers for the following law school panels:

UNC School of Law: Tuesday, November 5, 2019 at 12:00 – 12:50 pm (2-3 panelists needed).

Elon University School of Law: Monday, January 27, 2020 at 12:00 pm (3 panelists needed).

Duke University School of Law: Wednesday, February 5, 2020 at 12:30 pm (3 panelists needed).

Additional Information:
Many law students would like to have an international career but don’t know where to start, what the opportunities are, how to prepare or what to expect. Each year our Section’s Law School Liaison Committee organizes panels of international attorneys at each of the North Carolina law schools.  The panels are composed of 3-4 attorneys who are willing to speak to students about their careers and opportunities in the international legal arena. Typically, the panelists talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see.  It is then opened to Q&A.

Please consider volunteering! It is a rewarding experience providing information on your career, international legal career opportunities and general suggestions and advice.

If you are interested in serving on a panel, please contact me at LBurton@foxrothschild.com.  I look forward to hearing from you!

Duke Law Opens New Immigrant Rights Clinic

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By Jennifer Maher

The Duke University School of Law has announced a new clinic to be housed at the law school.  The Immigrant Rights Clinic will be Duke’s 11th clinical program and will offer students the opportunity to develop critical professional skills and knowledge while providing free legal services to immigrants who could not otherwise afford a lawyer.  Supervised by clinic faculty, student-attorneys will have the opportunity to primarily represent individuals seeking asylum or facing deportation.  The clinic aims to engage students in cutting-edge work from grassroots community empowerment efforts to litigation before the U.S. Supreme Court.  In doing so, the Immigrant Rights Clinic will partner closely with the local immigration bar and immigrant rights organizations.

Duke Law’s Immigrant Rights Clinic will be run by Kate Evans, who recently joined the Duke Law faculty as a clinical director and professor.  In addition to numerous accolades, Ms. Evans graduated magna cum laude from NYU Law, where she won the dean’s award for exceptional work in NYU’s Immigrant Rights Clinic.  Ms. Evans now brings her depth of experience and passion for immigration work to Duke.

Duke Law students will be able to enroll in the clinic for the spring 2020 semester.

Unplug Social Media? How CJEU’s Fashion ID Ruling Could Affect Your Website

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By Sean W. Fernandes

Weeks after the FTC fined Facebook $5 billion and the company entered a $100 million settlement with the SEC, Facebook has once again made significant privacy law news—this time on the other side of the Atlantic.

On July 29, the Court of Justice of the European Union (CJEU) issued a significant opinion in the Fashion ID case regarding the use of social media plugins such as the Facebook “like” button.

Although the ruling interprets GDPR’s predecessor, the EU Data Protection Directive, it contains some important takeaways for websites subject to GDPR.

Background

The Fashion ID case arose when a German consumer advocacy organization asserted a claim against online fashion retailer Fashion ID regarding its use of a Facebook “like” button on its website. The claim alleged that the “like” button automatically transmitted personal data from Fashion ID website visitors to Facebook, regardless of whether the visitor had a Facebook profile or clicked on the “like” button, and that Fashion ID failed to obtain the visitors’ consent to, or to notify them about, Facebook’s processing.

In response, Fashion ID argued that it could not be held responsible for data transmitted through the use of the “like” button, as it had “no influence either over the data transmitted by the visitor’s browser from its website” or over whether and how Facebook used that data.

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This Week’s Immigration Updates

By Jennifer Parser

Site Inspections
Immigration and Customs Enforcement (ICE) has started to make site inspections of employers hiring F-1 students on STEM Optional Practical Training. Usually with 48 hours’ notice, but not necessarily, employers must have a clear game plan in place which includes a designated and prepared company officer to meet with ICE, the employee’s I-983 training plan and other relevant documentation available for the ICE officer to inspect.

 

Changes in Passport Visa Stamps
US Customs and Border Protection has announced it will stop physically stamping passports of visa holders seeking admission to the US at certain ports of entry. The stamp in the passport shows authorized duration of stay. It is therefore incumbent on the visa or ESTA traveler to access his/her I-94 online. The I-94’s authorized duration of stay controls, not the visa expiration date in the traveler’s passport.

Want To Publish Your Article On the International Practice Section Blog? Here’s What You Need To Know

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By Communications Committee

Topics: We encourage relevant, timely articles on substantive cross-border legal issues and any others that may be of interest to the international legal community in North Carolina.

Length:  All articles are limited to 300-400 words. For articles exceeding this world limit, the author may:  1) edit the article into one article of 300-400 words, 2) serialize the article into two or more articles, or 3) include an abstract of the article as the blog post with author contact information for the reader.  The International Practice Section Blog Committee and the NCBA reserve the right to make final edits to the article before publication.

Process:  If you believe that your proposed article meets the topic and length requirements set out above, please submit it to NCBAInternationalLawBlog@gmail.com with “NCBA International Practice Section Article Submission” in the subject line.  A committee member will get back to you shortly with a publication decision and proposed publication date(s).

Thank you for your interest in publishing with us.  We look forward to working with you!

A New Year With a New Name

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By Sarah E. Schtakleff

Dear Fellow International Practice Section Members,

Welcome to the 2019-2020 Bar Association year, I am honored to serve as your chair and would like to thank Jennifer Parser for her role as chair for the 2018-2019 Bar year.

Did you notice anything different? Last year, we changed our name to “International Practice Section” to better capture the wide range of cross-border work that our members do. We will continue to provide these updates and other interesting articles to our members through our blog. If you come across any articles that would make a good addition to the blog, be sure to send them our way and we’ll do the rest!

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Why Ukraine and Other Post-Soviet Countries Need Mediation

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By Frank Laney

Although mediation has strong societal values, mediation could be a very valuable and powerful tool to help the courts of Ukraine.  The Ukrainian court system is and has been going through a crisis.  Confidence in its fairness, objectivity, and impartiality is very low among Ukrainian citizens.  But at the same time, the courts are underfunded and overworked.  Many judges have more cases to handle and decide in a year than is humanly possible (over 350 cases per year per judge).  Although not a panacea, mediation may be helpful in building public confidence in the courts while also relieving the case load stress.  (Research in Maryland courts showed that in mediated cases the impression of the court’s fairness increased over cases that did not go to mediation.)

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U.S. and EU Publish Lists of Products That May Be Subject To Retaliatory Tariffs

By Stephen J. Orava, Bradford L. Ward, Rambod Behboodi, and Clinton R. Long

After more than a decade of World Trade Organization (“WTO”) disputes over aircraft subsidies, the United States and European Union have published preliminary lists of products that could face billions of dollars in retaliatory tariffs.  On April 12, 2019, and in response to WTO findings that the European Union has failed to bring its aircraft subsidies into compliance with WTO obligations, the U.S. Trade Representative (“USTR”) published a preliminary list of products – including aircraft and food, beverage, and other products – that could be subject to increased duties when imported from the European Union.  On April 17, 2019, and in response to similar WTO findings against the United States, the European Union published its own preliminary list of U.S. products – including aircraft, chemicals, and food and agricultural products – that could face increased duties when imported into the European Union.  The United States and the European Union have established upcoming deadlines for comments on their preliminary product lists.

WTO Litigation and Retaliation

For over 15 years, the United States and the European Union have been involved in multiple WTO disputes regarding alleged subsidies for commercial aircraft production.  In the two main disputes, the United States challenged alleged subsidies provided by the European Union and four EU member States (France, Germany, Spain, and the United Kingdom) in the dispute known as “DS316,” and the European Union challenged alleged subsidies provided by federal and state governments in the United States in the dispute known as “DS353.”  The WTO panels and the Appellate Body made findings and recommendations largely favorable to the complainant in each dispute, and they found in 2018 and in March 2019 that neither the United States nor the European Union have brought themselves into full conformity with their WTO obligations regarding subsidies.

In response to these rulings of non-compliance on the part of both the United States and the European Union, each party already invoked its right to retaliate against the other under WTO rules, and each party has sought WTO arbitration to determine the level of authorized retaliation.  The United States expects that the arbitrator will decide on the level of authorized retaliation by summer 2019, and a decision on the European Union’s authorized retaliation is not expected before the first quarter of 2020.  After each arbitration decision is released, the WTO’s Dispute Settlement Body will grant authorization for each party to impose countermeasures.

United States’ Preliminary List of Products

On April 12, 2019, USTR officially initiated an interagency investigation to determine whether and to what extent the United States should retaliate against the European Union for failing to bring its subsidies into conformity with its WTO obligations in DS316.  USTR proposed retaliating against the European Union and that the countermeasures include additional ad valorem import duties of up to 100 percent on a preliminary list of EU products.  Section 1 of USTR’s preliminary list includes certain helicopters, commercial aircraft, and aircraft-related products that – if originating in France, Germany, Spain, or the United Kingdom – would be subject to additional duties.  Section 2 of the list contains several food, beverage, and other products that would be subject to the duties if originating in any EU member State.

USTR seeks public comments on its proposal for retaliation, including the product list, and will hold a public hearing.  Requests to appear at the public hearing and a summary of testimony are due by May 6, and the public hearing will be held on May 15.  Written comments, including post-hearing rebuttal comments, are due by May 28.  Parties may comment on whether products should be retained, removed, or added to the list, the amount of any additional duties, and other topics.  After the release of the WTO arbitrator’s decision regarding the level of authorized retaliation, USTR plans to publish a final list of products taking into account the WTO arbitrator’s calculation and other information.

European Union’s Preliminary List of Products

On April 17, 2019, the European Union published its preliminary list of U.S. products that could be subject to additional ad valorem import duties of up to 100 percent in response to the U.S. failure to bring its subsidies into conformity with its WTO obligations in DS353.  The EU list covers a wide variety of U.S. products, including aircraft, chemicals, and agricultural and food products.  The European Union also initiated a public consultation on its preliminary list of products, and parties that may be affected by the additional duties may provide information by May 31.  The European Union’s notice did not mention a public hearing, and – similar to the United States – the European Union will not finalize its list until after the WTO arbitrator decides on the appropriate level of countermeasures.

Broader Context of U.S.-EU Relationship and Aircraft Subsidies

The U.S. and EU announcements come at a unique time in the U.S.-EU economic relationship.  On April 15, 2019, within days of the U.S. and EU announcements of potential tariffs, the European Commission announced that it received authority from EU member States to begin negotiations with the United States for two trade agreements.  The first agreement would focus exclusively on eliminating tariffs on industrial goods, and the second agreement would aim to make it easier for companies to conform their products to technical requirements from both parties.  However, negotiations might stall given that the United States is adamant that farm products should be part of the formal trade negotiations, and President Trump has suggested the possibility of additional tariffs on EU automobiles if agricultural products are not on the table.  Both the United States and the European Union are willing to discuss their retaliatory tariffs, and the possibility of increased duties likely will play a role in the broader trade negotiations between the parties.

Furthermore, considering the 15 years of WTO disputes between the two parties over aircraft subsidies, the objectives of the United States and European Union in announcing retaliatory tariffs may include establishing leverage to encourage discussions on an agreement to discipline subsidies to the aircraft sector.  USTR’s “ultimate goal is to reach an agreement with the EU to end all WTO-inconsistent subsidies to large civil aircraft.”