 | INTERNET LAW - India and Chile Cooperating under a Preferential Trade Agreement |
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| | IBLS Editorial Department
Monday, April 27, 2009
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| | India and Chile signed a Preferential Trade Agreement (PTA) in 2005 as the initial step towards a potential Free Trade Agreement between these two nations. India's Cabinet approved the PTA on February 23, 2006, and came into force by Custom Notification No. 101/2007-Customs dt. 11/09/2007. The Chilean Parliament approved the PTA in April 2007 and its implementing Decree was issued on August 16, 2007. Thus, this agreement that promotes economic cooperation between an Asian and a Latin American economic leader is fully in force. Following there is a synopsis of the India-Chile PTA.
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| INTERNET LAW - The U.S. Commerce Clause v. State Law Discriminating Against Out-of-State Shipments |
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| | Martha L. Arias- IBLS Director
Monday, December 15, 2008
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| | The Commerce Clause of the U.S. Constitution prohibits states from enacting laws that benefit in-state businesses and discriminate against out-of-state businesses. Since most e-commerce businesses tend to eliminate the middle-man and this consequently affects traditional state businesses, some state laws have protected their domestic commerce by enacting legislation under the shadow of public policy justifications. The two most notorious examples of these legislations relate to the winery and casket industries. E-commerce retailers in these industries offer substantial lower prices than those offered by traditional brick-and-mortar retailers and some states have enacted laws to protect their domestic industry. This issue was addressed by U.S. Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005). There, the Supreme Court held that states cannot enact laws that "burden out-of-state producers or shippers to give a competitive advantage to in-state businesses." [More...] |
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| INTERNET LAW - Asean Free Trade Agreement and its Relevance for E-commerce |
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| | IBLS Editorial Department
Monday, November 17, 2008
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| | The Asean Free Trade Agreement -AFTA, definitely plays a significant role in the development of e-commerce among ASEAN nations. ASEAN is the Association of Southeast Nations, with 10 member states and an estimated population of 575.5 million. ASEAN members are Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam; this regional economic group presented a GDP of US$ 3,431.2 billion for the year 2007. ASEAN nations signed AFTA in 1992 in Singapore to create a free trade area for goods, services, and investment for the info-communication industries. Even though e-commerce is still incipient among ASEAN nations, its potential is colossal taking into account its population and the regional agreements ASEAN has signed with third countries such as Australia/New Zealand, India, and the European Union.
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| INTERNET LAW - The U.S.-Peru Trade Promotional Agreement and its Implication for E-commerce |
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| | Martha L. Arias, IBLS Director
Wednesday, November 12, 2008
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| | The objective of the United States-Peru Trade Promotion Agreement (US/Peru TPA) is to promote trade and economic growth, eliminate some trade barriers between these two countries, and promote private investment in and between U.S. and Peru. 80 percent of U.S. exports of consumer and industrial goods to Peru will be duty-free immediately upon entry into force. The US/Peru TPA was signed on April 12, 2006. The U.S. House of Representatives ratified it on November 2, 2007, and the U.S. Senate on December 2007. Ratification by the Peruvian Congress was completed on June 28, 2006. Peru implemented this FTA through Legislative Decree No. 1075, on June 28, 2008. The agreement is expected to enter into force in January 2009. Several aspects of the US/Peru TPA such as intellectual property, telecommunications, customs duties, and digital age, are of particular relevance for e-commerce transactions. [More...] |
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| INTERNET LAW - Taxation of Imports in Ireland |
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| | IBLS Editorial Department
Monday, August 11, 2008
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| | Taxation of imports becomes an essential element to be aware of in e-commerce. E-commerce transactions involving the transfer of physical goods and parties from two or more countries, regardless of the business model used (B2B, B2C, C2C, etc.), usually demand the payment of taxes by the buyer in the importing country. Import taxes may vary depending on the importing jurisdiction. In Ireland, taxation of imports involves three specific forms of taxes, (a) custom duties; (b) excise duties, and (c) value added tax (VAT). Following, there is a brief description of these taxes in Ireland.
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| INTERNET LAW - Free Trade Agreements and their Relevance for E-commerce |
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| | IBLS Editorial Department
Monday, March 03, 2008
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| | E-commerce transactions involve both the domestic and international trade of goods and services. At the international level, e-commerce has definitely expanded trade for recognized businesses and those who otherwise could have never reached international markets like artisans and small family-owned businesses. Yet, global e-commerce transactions on goods entail the international move of those goods which in turn trigger customs duties and, in some cases, imposition of tariffs. Customs duties and tariffs, when required for certain products, are imposed by the government of the importing country. E.g. a European buyer of online products bought from an American manufacturer may be required to pay customs duties when those American products reach his home country. But, what happen if the exporting and importing countries have signed free trade agreements? This article explains why free trade agreements are relevant for e-commerce transactions and provide a list of some free trade agreements signed by the United States, one of the main e-commerce players.
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| INTERNET LAW - VAT Refund for Purchases Made in Italy by EU Non-resident Subjects |
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| | Agenzia delle Dogane, Italy
Monday, October 01, 2007
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| | According to the Italian law, based on the Community provisions, EU non-resident travellers may be granted VAT refund for goods intended for personal or familiar use purchased in Italy. This relief - not covering the services supplied, for example, by hotels, restaurants, taxis, agencies etc.) - is surely an advantage for the foreign travellers: in fact they can save from a minimum of 4% up to a maximum 20% of the selling price of the goods purchased. However, the EU non-resident traveller can make use of this benefit provided that he meets all the requirements set forth by the Italian legislation.
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| INTERNET LAW - Chinese Taipei has donated CHF62,000 to the WTO |
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| | World Trade Organization, www.wto.org
Wednesday, September 26, 2007
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| | The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu offers CHF62,000 to the WTO development programme
Chinese Taipei has donated CHF62,000 to the WTO Trade Facilitation Needs Assessment Trust Fund.
This donation will finance technical assistance programmes to assess trade facilitation needs and priorities of developing and least developed countries. Trade facilitation looks at how procedures and controls governing the movement of goods across national borders can be improved to reduce costs and burdens. It also allows trade flows to be as efficient as possible.
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| INTERNET LAW - The Enlarged Meeting of the Andean Council of Foreign Ministers and the Commission of the Andean Community |
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| | Andean Community, www.comunidadandina.org
Monday, July 23, 2007
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| | The main objective of the Association Agreement between the Andean Community and the European Union should be to improve the quality of life of the citizens of both integration systems, in a search for comprehensive, fair, supportive and complementary development that will reinforce the regional integration processes. Following a brief text of the Andean Community Decision 667. [More...] |
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| INTERNET LAW - OECD Adopts Stronger Environmental Rules for Export Credits |
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| | Organization for Economic Co-operation and Development- OECD- www.oecd.org
Wednesday, June 20, 2007
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| | OECD countries have agreed to a Recommendation that calls for stronger environment-related requirements for export deals to qualify for export credit backing from their governments' Export Credit Agencies (ECAs).
This latest Recommendation, which replaces one agreed in 2003, requires OECD Member governments to review projects for their potential environmental impacts and to benchmark them against international standards, such as those of the World Bank Group. It also calls for more public disclosure of information, which will increase transparency for the most sensitive projects. In addition, ECAs will exchange information more regularly in order to improve common practices and promote a level playing field between export credit providers.
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| INTERNET LAW - The Asia ITC Program |
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| | IBLS Editorial Staff
Monday, May 07, 2007
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| | The Asia IT&C Programme ("IT&C” stands for Information Technology and Communication) was launched in October 1999 by the European Commission in order to co-finance mutually beneficial partnerships in Information Technology and Communication between Europe and Asia. Indeed, intensifying co-operation between Europe and Asia appeared to be central to strengthening economic relations across both regions, and in creating opportunities to develop and share in the benefits IT&C provides. Asia I&TC covers the following areas of activity: (i) society, (ii) e-commerce, (iii) education, (iv) transport, (v) health, (vi) agriculture, (vii) tourism, and (viii) manufacturing. [More...] |
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| INTERNET LAW - The European Commission and China Take Measures to Fight Piracy and Counterfeiting in China |
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| | Martha L. Arias, IBLS Director.
Wednesday, March 07, 2007
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| | The European Commission (EC) and the Government of China agreed on an agenda to fight violation of intellectual property rights in China. The agenda was adopted by the European Union (EU) Commissioner for External Relations, Ms. Benita Ferrero-Waldner and the Commissioner for Trade, Mr. Peter Mandelson and involves vast cooperation between China and the EU. [More...] |
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| INTERNET LAW - Unified Tariffs and Custom System Offered by the Andean Community Countries to the European Union |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | The Andean Community countries- CAN-, Bolivia, Colombia, Ecuador, and Peru, have engaged in establishing a uniform tariff and custom system for products coming from the European Union (EU). The goal of the first CAN-EU meeting held on October 12th, 2006 in Lima, Peru, was to implement mechanisms for tariff reductions that will lead to this uniform system and to draw a list of non-sensitive products that would first experienced tariff homogeny. [More...] |
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| INTERNET LAW - Asian Countries towards Elimination of Protectionism and Active Implementation of the Doha Agreement |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | Viet-Nam, a recent member of the WTO (World Trade Organization), was the host of the 14th APEC (Asia-Pacific Economic Co-operation Group) Economic Leader’s Meeting last November. During this meeting, important economic measures were taken including reaffirming commitment to the WTO Doha agreement and the elimination of protectionism in Asian countries. [More...] |
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| INTERNET LAW - Germany: the G-7 Country that Reported the Biggest Trade Growth in the Third Quarter of 2006 |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | According to the recent International Trade Statistic publication by the Organization of Economic Co-operation and Development –OECD. The OECD reported that Germany’s merchandise trade experienced a noticeable increment during the third quarter of 2006 compared to the other G-7-country members. Exports in Germany rose by 6.4% and imports increased 3.1%. Germany was followed by Japan, whose exports increased 1.7% and imports rose by 1% during the third quarter of 2006. United States is next in this list with an increase of 1.6% for merchandise trade exports and 2.3% increase for imports.
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| INTERNET LAW - Police throughout Europe Fight the Illegal Sale of Weapons Online |
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| | Editor, Maricelle Ruiz, IBLS Director – Europe
Monday, February 26, 2007
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| | European governments are cracking down on the illegal sale of weapons online. The Spanish police recently arrested three individuals who illegally imported into the country parts to assemble firearms and war weapons, while UK police and military officials last year detained individuals trading online weapons banned in that country. The German police investigated whether a youth accused of a school shooting had purchased the crime weapon illegally in a local Internet portal. Other countries and regions have faced similar situations. After detecting illegal gun sales on the Internet earlier in the decade, the United States established an online system to prevent the use of fraudulent documentation when closing these transactions. China sent a judge to prison after discovering that he abused his position to become an illegal arms dealer online. [More...] |
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| INTERNET LAW - Rules of Origin and Australia's Free Trade Agreement Negotiations |
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| | Australia Department of Foreign Affairs and Trade
Thursday, May 18, 2006
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| INTERNET LAW - US-Colombia Free Trade Agreement |
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| | Office of the United States Trade Representative
Thursday, May 18, 2006
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| INTERNET LAW - Japan: Procedure for Inspecting Import/Export Goods |
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| | Japan Customs Department
Thursday, May 04, 2006
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| INTERNET LAW - Australia: Exports of Resources and Manufactures Driven by Strong World Demand |
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| | Media release from the Australian Department of Foreign Affairs and Trade
Thursday, May 04, 2006
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