International Trade and Customs



 

 


Meet the Co-chairs - TAG-SP


Hove, John
Scopelitis, Garvin, Light, Hanson & Feary, P.C
jhove@scopelitis.com


International Trade and Customs


Author: Susan Kohn Ross; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)

There is a general understanding that the Fifth Amendment to the U.S. Constitution gives a person the right not to incriminate him- or herself, and that understanding comes, in large measure, from movies and television programs showing police officers reading suspects their Miranda rights. What gets lost in the drama of these shows is that that right is not absolute. It only attaches when one is a suspect and does not apply to corporations, only individuals.

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Contact: By Susan Kohn Ross; Mitchell Silberberg & Knupp LLP (Los Angeles, California, USA)

For years, companies and service providers have arranged transportation and not given a second thought to the relevant regulatory scheme for property brokers. While the obligation to qualify as a property broker has been on the books since at least 1988, in the absence of enforcement, many parties provide the service of arranging transportation for compensation, but are not property brokers. That is all about to change when the MAP-21 regulations become effective on October 1, 2013. If you are arranging the transportation of goods in interstate commerce (so across state lines or into or out of the U.S.), you would be wise to look carefully at how MAP-21 impacts your business. While customs brokers and freight forwarders are the ones most directly impacted, companies that arrange these services for sister entities must also be careful to navigate the new law and implementing regulations. While MAP-21 itself took effect on October 1, 2012, the final implementing regulations are not yet on the books, but are expected to be in place by the October 1, 2013, enforcement deadline.

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The Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance (the “Amendment Ordinance”) will come into force in around mid-2013. Key changes of the Amendment Ordinance include widening of the definition of “trade description” to prohibit false trade descriptions to services as previously; the trade description was only applicable to goods. The Amendment Ordinance also introduces new unfair trade practices and enforcement mechanisms.

The Draft Enforcement Guidelines (the “Guidelines”), jointly issued by the Customs & Excise Department and the Communications Authority (either of them as the “Enforcement Agency”), shed light on what activities may be caught under the new law and how enforcement measures will be taken. The Guidelines are not to be regarded as laws or subsidiary regulations, and are currently under consultation until 17th March 2013.

NEW OFFENSES

The Amendment Ordinance sets out a number of new offences, which will apply to trades with end consumers, i.e. business-to-business trading is not covered. The offences shall apply even if the end consumer is not in Hong Kong, and will thus be applicable to online trades where trader is in Hong Kong or where Hong Kong is the trader’s usual place of business. Services rendered by certain registered professionals such as lawyers or doctors, are specifically excluded.

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Contact: Att. Berna Aşık Zibel; Erdem & Erdem (Turkey)

Turkish Commercial Code No. 6102 (“TCC”) regulates the principles regarding group companies under Articles 195 to 209 for the first time in Turkish law. These provisions set forth the definition of the group, impose registration, notification, reporting and auditing obligations to group companies, determine the liabilities and sanctions regarding the abuse of dominance and establish rules on some special situations.

The Trade Registry Regulation (“TRR”), published in the Official Gazette dated 27 January 2013 and numbered 28541, entered into force within the scope of secondary legislation regarding the TCC with respect to the trade registry. The TRR also sets forth regulations on group companies.
This article analyzes the regulations brought with Articles 105 to 108 of the TRR regarding group companies and their situation in relation to the provisions of the TCC.

Read the entire article on Erdem & Erdem's website.



Contact: Prof. Dr. H. Ercument Erdem; 

Erdem & Erdem 

(Turkey)

Introduction
The Turkish Commercial Code No. 6102[1] (“TCC”) includes general provisions on the trade registry and registration. Article 26 of the TCC, as promulgated, stipulates that the trade registry directorate, registry ledgers, realization of the registration and similar matters shall be regulated under by-laws. This provision, however, was amended by the Law on the Amendment of the Turkish Commercial Code and the Law on the Entry into Force and Application of the Turkish Commercial Code No. 6335[2] (“Law No. 6335”) which was promulgated prior to the entry into force of the TCC. Pursuant to the amended Article 26, the principles and procedures governing trade registries and registration shall be regulated by a regulation prepared by the Ministry of Customs and Trade (“Ministry”) and issued by the Council of Ministers.

Read the entire article on Erdem & Erdem's website.