Thursday, May 23, 2013

ANALYSIS: Choice of Forum for Appeal of Administrative Trade Determinations: NAFTA Options From a U.S. Perspective

Interested parties from North American Free Trade Agreement (NAFTA) countries unhappy with U.S. Department of Commerce (DOC) or U.S. International Trade Commission (ITC) final determinations in a trade dispute have a choice between two fora for appeals. NAFTA companies must choose between taking the traditional appeal route before the U.S. Court of International Trade (CIT) or exercising their right to binational panel review under NAFTA Chapter 19.

Japan Revises Chemical Disclosure Rules To Align With International Standards

TOKYO—Japan’s government has tightened information disclosure and labeling regulations for 562 toxic chemicals to align its rules with the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals.
It also has urged companies to voluntarily disclose toxicity information for all chemicals in general.

Mexico’s Legislature Approves Climate Bill With Carbon Reduction, Clean Energy Goals

MEXICO CITY—Mexico’s Legislature has approved a climate change bill that would provide a stronger legal framework to help Latin America’s largest economy reduce its carbon dioxide emissions and help its citizens adapt to the effects of global warming, according to observers.

India’s E-Waste Rules Take Effect May 1, But Government, Businesses Far From Ready

MUMBAI—New rules for handling, storing, and recycling electronic waste set to go into effect in India May 1 will apply the principle of “extended producer responsibility” and assign duties along the entire value chain including manufacturers, consumers, and recyclers.

European Commission Calls for Delay in Implementation of U.S. Derivatives Regulations

BRUSSELS—New derivatives dealer registration rules to comply with Dodd-Frank have left European banks with U.S. subsidiaries in a state of confusion and should be delayed, according to the European Commission.

New U.S. Nonresident Alien Bank Reporting Rules Seen Hastening Automatic Information Exchange By Foreign Countries

New rules requiring U.S. banks to report interest on deposits held by nonresident aliens represent a significant advance in global information sharing and may be a factor in getting more countries to sign agreements to automatically exchange information with the United States, practitioners told BNA in recent interviews.

Swiss Government Seeks Approval Of New Collective Investment Rules

The Swiss government is seeking to implement early next year new rules on collective investment schemes aimed at bringing Swiss practices in line with European Union rules.

ANALYSIS: New South Korean Amendments Include New Data Breach Notification Requirements, Expanded Data Protections

The Act on Promotion of Information and Communications Network Utilization and Information Protection (the “ICNA”) as amended was promulgated on February 17, 2012. The ICNA applies to “information and communications service providers” (“ICSPs”) which are defined to be 1) commercial providers of information services (including those provided by way of using a telecommunications service (e.g., internet service), typically online service providers (including content providers and application providers)), or 2) telecommunications service providers (including facilities-based carriers, resale carriers and value-added service providers).

ANALYSIS: Singapore’s Revised Proposal For A Personal Data Protection Law: Some Improvements Made, More Needed

Singapore inched ever closer to passing its first legally enforceable approach to data protection with the publication by the Ministry of Information, Communications and the Arts (MICA) of its second consultation paper and the draft Personal Data Protection Bill (the “Draft Bill”) on March 19, 2012.

Japan’s FSA to Weigh Revamping Bank Risk Rules, Covering Foreign Banks with Deposit Insurance

TOKYO—As foreign bank regulators take action to reduce banks’ credit risks and improve depositor protection, Japan’s Financial Services Agency April 11 commenced debate to follow the lead, including the review of regulations on credit extensions, foreign banks’ deposit insurance and other rules affecting banks and insurance providers.

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