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MUST A FOREIGN COMPANY DISCLOSE DEALINGS IN COUNTRIES SUBJECT TO U.S. SANCTIONS?
11/01
Can foreign companies listed on the U.S. stock exchanges be compelled to disclose business dealings in countries subject to U.S. sanctions? The question arises as the SEC addresses the definition of what materially impacts stockholders' financial interests. Much of the debate centers around business dealings with Sudan, but the issue has broader implications.
WAYBILL LIMIT OF LIABILITY INAPPLICABLE
A decision from the New South Wales Supreme Court (Australia) found the FIATA air waybill limit of liability (also part of the internationally accepted Warsaw Convention) of US$20 per kilo did not cover the situation of a truck dropping cargo off the back due to poor strapping even though the trucker was affiliated with the freight forwarder whose waybill was intended to transport the cargo. The cargo was en route to a bonded warehouse. The forwarder argued the term “Airport” as used in the Warsaw Convention provided coverage even though the cargo was not physically on airport grounds. The court rejected that argument finding the cargo was being handled outside the dimensions of Melbourne airport. The trucker also argued the terms of the waybill provided that even if the Warsaw Convention did not apply, the carrier’s liability could nonetheless be limited to US$20 per kilo. The court found this argument, too, did not apply because the term air carriage did not apply to truck movement to a bonded warehouse..
U.S. BLOCKS ATTEMPT TO CHALLENGE BYRD AMENDMENT 11/01
The Byrd Amendment requires U.S. Customs to distribute to U.S. domestic industry dumping and counterveiling duties collected. It was challenged by the European Union and ten (10) individual countries. The World Trade Organization’s Dispute Settlement Body confirmed in late August that it will accept a request for review of the law. While Customs has promulgated regulations and is prepared to distribute the funds to those eligible, the U.S. appears to be without supporters at the WTO.
FISH & WILDLIFE GET THEIR HAUL 3/01
U.S. Caviar was recently fined $10.4 million and its former owner and president sentenced to prison. The company pled guilty to 22 charges and the individual to 12, including conspiracy, smuggling, making false statements, submitting false wildlife records, mail fraud, and violations of the Endangered Species and Lacey Acts. Others were also sentenced in a scheme to import caviar using forged Russian caviar labels. In actuality, the caviar had been smuggled out of countries bordering the Caspian Sea. Through the use of false labels, forged wildlife documents, forged health certificates, and false permits, invoices and packing lists, tons of caviar was imported into the U.S. Additionally, real beluga caviar was imported and relabeled as less valuable caviar, again using false documents. DNA testing was used to determine the true origin and quality of the imported caviar. Due to over-harvesting which caused depletion of fish populations, there are international agreements which limit legitimate caviar gathering.
FOREIGN NARCOTICS KINGPIN REGULATIONS ENACTED 08/00
The Office of Foreign Assets Control is now charged with enforcing the regulations enacted under the Foreign Narcotics Kingpin Designation Act which was signed into law in December 1999. The Act seeks to block all property and interests in property within the U.S. belonging to foreign narco-traffickers. The existing regulations regarding Columbian narco-traffickers remain in effect. These new regulations prohibit transactions and dealings by U.S. persons or within the U.S. which assist identified narco-traffickers. Any persons found to violate this law are subject to imprisonment and/or substantial fines. While generally international traders might be tempted to ignore narco-traffickers, the enactment of this new law emphasizes to traders once again the importance of knowing your customers.
GUILTY PLEA FOR HAZMAT VIOLATION 3/2000
Alejandro Craig and Alpa International Inc. have both pleaded guilty to violating DOT hazardous materials handling regulations. The manufacturer's papers clearly identified the shipment as hazardous goods. The labels were supposedly removed and the shipment repackaged by the forwarder prior to export. The subterfuge was apparently discovered when the carrier had to break down one pallet to arrange belly stowage and found some of the hazmat placards.