The International Law Section Gazette |
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Dear ILS Members,
Who said “Youth is wasted on the young?” Actually, this is not a rhetorical question because that phrase has been attributed not just to George Bernard Shaw but also Oscar Wilde and Mark Twain. Well, obviously none of those guys were at our cocktail party last night with the Young Lawyers Division of The Florida Bar at the Lowe’s in Miami Beach because I can assure you no youth was wasted there. Although, there were a few old guys for whom we had to call cabs. Many thanks to the ILS’s Young Lawyers Division Liaison, Ana Portal, for helping us put this together. It was a great time that left us all optimistic for the future of our profession.
Next up, our Rum Tasting CLE with the School of Law at Florida international University and the Caribbean Bar Association on November 18th at the FIU Hospitality School at the North Campus. The topic will be hospitality law, something that all Florida practitioners should know at least a little something about. Keep an eye out next week for more information and an invitation. Even before that, on October 27th, we also have an upcoming Lunch & Learn with our very own surfing law professor, Pam Seay, moderated once again by Clarissa Rodriguez hosted by our good friends at Fiduciary Trust International. If you want to know what I meant about the surfing part, you will need to tune in and watch Clarissa interview Pam. Please see the invitation posted in the Gazette below.
Finally, I would like to urge all ILS members to read the recently released edition of the International Law Quarterly linked below which focuses on Haiti. Laura, Ana, and the whole ILQ team did an extraordinary job putting together an incredibly timely and important collection of thought-provoking and informative articles, the majority of which were authored by members of the Haitian Lawyers Association. By the way, inspired by these combined efforts, as of the time of the publication of this week’s Gazette, I am currently visiting Haiti myself, meeting in-person some of the people whose programs were funded by the recent ILS/HLA fundraiser. Such a beautiful place with such amazing people, the ILS and I are so fortunate to have had this opportunity to support and engage with them. Hopefully, this is just the beginning.
James M. Meyer
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Please join JAMS, the American Bar Association International Law Section, the Miami International Arbitration Society, and Arbitral Women on October 20, 2021, for their webinar "Growth and Opportunity in Latin America ADR: The Arbitral Process and Beyond." The webinar, which is the latest installment of the "What the Rules Do Not Tell You" Series, will feature two panels and will take a practical approach to understanding growth and opportunity in the Latin American ADR scene. Panel I - Opportunity in the Arbitral Process will feature international mediator and arbitrator Mercedes Tarrazon sharing her views on the opportunities during the arbitral process based on her experience in high-profile international disputes. Tarrazon will also explore the challenges for parties, arbitrators, and mediators and reflect on possible solution. This panel will also feature N. Damali Peterman of JAMS. Panel II - Growth and Development of ADR Services in Leading Centers, moderated by Rebeca E. Mosquera, Senior Associate at Akerman LLP, and featuring representatives of leading ADR centers (Santiago Diaz Cediel, Head of International Arbitration, Bogota Arbitration and Conciliation Center; Macarena Letelier, Secretary-General, Santiago Arbitration and Mediation Center; and Cecilia O'Neill, Dean of Law School, Universidad del Pacifico, and Member of the International Arbitration Center of AmCham Peru), will address the role of leading ADR provider services in LatAm in strengthening the rule of law, and will explain the advantages of domestic and international ADR proceedings. To register, please follow this link. 1.5 CLE credits available for California and New York.
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Please join the International Law Section for its Lunch&Learn with Pamella A. Seay, Professor at Florida Gulf Coast University and the first woman attorney in Florida to achieve Florida Bar Board Certification in International Law. The Live Zoom Presentation, hosted by Fiduciary Trust Company International, will start at 1:00 p.m. EST. To register, please email Matthew Valdez at Matthew.Valdez@ftci.com.
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Great Success for the ILS/YLD Networking Happy Hour |
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The joint ILS/YLD Networking Happy Hour at the Loew's Hotel in South Beach was a great success, with over 100 attendees, including ILS Chair Jim Meyer and Chair Elect Jackie Villalba, Immediate Past Chair Bob Becerra, and several member of the Executive Council. The ILS Executive Board thanks all attendees and looks forward to upcoming events. Below are some pictures from the event: |
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Call for Applications - Florida Bar Board Certification in International Litigation & Arbitration |
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The application filing period for Board Certification in International Litigation & Arbitration ("ILA") is now open. Qualified applicants are encouraged to apply by October 31, 2021, to determine eligibility to sit for examination in May 2022. For more information, please visit The Florida Bar website certification page for ILA Certification.
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The ILS Participation Challenge |
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The ILS Executive Board invites all ILS Members to compete in the 1st Annual ILS Participation Challenge and win amazing prizes and, more importantly, bragging rights. Here is how it works:
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Download your ILS Participation Challenge “bingo” card using this LINK, or come pickup your “hard card” at our upcoming September 22, 2021 cocktail event with the Haitian Lawyers Association to benefit the Ayiti Community Trust (see the invitation in the Gazette below). You will note that you can also check-off a square by attending that same event.
- To win, you must be an ILS member. If you want to play but are not a member, then you have yet another compelling reason to join!
- Mark the tiles on the ILS Participation Challenge “bingo” card as you complete each activity or event marked on that tile.
- You may only mark one tile per event or activity and only during the period from June 30, 2021 until the June 2022 Executive Council Meeting.
- Bring your marked ILS Participation Challenge card to the June 2022 Executive Council meeting OR scan and submit your card to me by that date.
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Any ILS member to mark the most squares (regardless of their position on the card) will enter the competition in the form of a drawing to win the first place prize: free attendance for one (1) at the next ILS retreat (including hotel, meals and other VIP treatment).
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Any ILS member that covers the card with two diagonal lines, from corner to corner (in the form of an “X”) will enter the competition in the form of a drawing to win second place prize: one complimentary ticket for iLaw2023.
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Any ILS member that completes any 5 consecutive squares (vertical, horizontal, or diagonal) will enter the competition in the form of a drawing to win third place prize: dinner for two at il Gabbiano in Downtown Miami.
Ready, set, GET INVOLVED WITH THE ILS!
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iLaw2022: Call for Proposals and Steering Committee Members |
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Save the Date for iLaw! The ILS's flagship event, the iLaw2022 Conference, will take place on Friday, February 18, 2022, at the JW Marriott Marquis in Downtown Miami. Trust us, you will not want to miss it this year!
The planning for iLaw2022 has started - Get involved! If you have an idea for a topic to be featured at next year's iLaw, please send us a proposal including (i) the title of the proposed panel, (ii) a short description of the topic, and (iii) proposed panelists and moderator. We are also looking for steering committee members. The first steering committee meeting will be in September. If you have a topic proposal or if you would like to get involved with the planning of the iLaw2022, please send an e-mail to Cristina Vicens at cvicens@sequorlaw.com.
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International Law Deskbook 2020
The International Law Section is proud to announce that its International Law Deskbook 2020 is now ready for shipping! Get yours today!
To purchase the International Deskbook 2020, please click HERE to log into your account on the Florida Bar's website. Once logged in, please click HERE to search for the International Deskbook 2020 by entering the course number 4039. You will then find the International Deskbook 2020 under "Course Materials."
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Join the International Law Section
If you are reading the Gazette, chances are that you are a practitioner or a student with an interest in International Law, one of the most wide-ranging, exciting and challenging legal specialties. Everyone in our field knows how crucial it is to stay on top of diverse and evolving national legal regimes, and at the same time, the difficulty of keeping meticulously up-to-date on developments around the world.
The International Law Section (ILS) of The Florida Bar is here to help you, the practitioner, navigate both the everyday and big-picture challenges of our field. Our Section is your forum to share knowledge and best practices, and to meet and mingle with peers in professional collaborations that can only enhance your grasp of the specialty and your standing among clients and peers.
Let ILS membership assist you in developing a thriving international practice through peer network development that includes important shared learnings and reciprocal referrals of clients and casework.
If your practice transcends borders, join us in making this the authoritative, go-to forum for Florida and the gateway to the region for anyone practicing International Law. Our Section is open to lawyers from other states and countries, full-time faculty at U.S. law schools, and full-time U.S. law students, all of whom may participate as associate members. For more information regarding membership with the ILS, click HERE.
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Jennifer Diaz Appointed Chair-Elect of the Beacon Council's Trade and Logistics Committee |
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Jennifer Diaz was recently appointed Chair-Elect of the Beacon Council's Trade and Logistics Committee, where she will work to further develop the international trade industry in Miami-Dade County by collaborating with public and private sector industry leaders, educational institutions, and institutional partners, including Port Miami, Miami International Airport, and World Trade Center Miami. |
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Jim Meyer and Jeff Hagen Present at University of Miami School of Law and Florida State University College of Law |
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James Meyer, Chair of The Florida Bar International Law Section, and Jeff Hagen, Member of the ILS Executive Council and Chair of the ILS Tax Committee, recently presented to Tax LLM students, International Law LLM students, and 3L students at the University of Miami School of Law and Florida State University College of Law regarding changing strategies for efficient international tax structures and the practice of law today. The Section encourages law students and faculty members of all other Florida law schools to reach out to Jeff Hagen to organize future sessions. For questions, please email Jeff at jhagen@harpermeyer.com.
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Two Minutes in Trade:
Podcast from Sandler, Travis & Rosenberg, P.A.
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By Lenny Feldman*
Staying on top of the international trade developments can be difficult these days, but listening to ST&R's Two Minutes in Trade podcast is like having your own daily briefing.
Lenny Feldman, Senior Member, presents an update on CBP's new ruling regarding e-signatures on customs broker power of attorney in the latest episode.
Today’s Discussion: Customs Broker Powers of Attorney – What Does CBP Have to Say About E-Sigs?
CBP recently issued a long awaited ruling on customs broker powers of attorney (“POAs”) and e-sigs. Not the ones you smoke – the ones you use to sign documents better known as e-signatures. In previous rulings, CBP found that customs brokers could accept a faxed copy of a POA from an importer. CBP also found that electronic bitmap signatures on NAFTA Certificates of Origin are valid. As support, CBP cited the Government Paperwork Reduction Act that grants electronic records and their related electronic signatures legal effect or validity despite their electronic form.
So, it really was no surprise that CBP followed suit by ruling that neither statutes nor regulations prohibit the use of an electronic signature on a customs broker POA, provided it otherwise constitutes a valid POA and is capable of production upon CBP’s request. However, CBP added a twist to its decision by adding that the applicable state's law governing the execution of POAs actually dictate whether electronic signatures are permitted. In other words, neither CBP’s statutes nor regulations cover the binding of two parties through an agency relationship.
This leaves customs brokers and importers alike questioning under what conditions CBP may invalidate POA’s with e-sigs, if ever. Afterall, the 2000 Electronic Signatures in Global and National Commerce Act (ESIGN Act) legitimized signing contracts and documents online, particularly with respect to any transaction in or affecting interstate or foreign commerce. This arguably applies to a customs broker power of attorney.
In addition to the ESIGN Act, in 1999, the Uniform Law Commission published the Uniform Electronic Transactions Act (UETA) granting electronic signatures the same legal effect as traditional handwritten signatures. And every state adopted this act, except for New York, the District of Columbia, Puerto Rico, and the Virgin Islands.
Accordingly, while in most states an electronic signature should be permitted, some states, such as New York and possibly others, have adopted various restrictions. This means, for now, customs brokers and importers may want to consider choice of law clauses referencing states favorable to e-sigs. Meanwhile, the trade will seek additional guidance until we fully “smoke out” this novel e-sig issue.
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Lenny Feldman is a Member of Sandler, Travis & Rosenberg, P.A., resident in the Miami office and a member of the firm's Operating Committee. He currently co-chairs the twenty-member U.S. Customs and Border Protection’s Commercial Customs Operations Advisory Committee providing strategic recommendations directly to CBP and the departments of Homeland Security and the Treasury on issues such as e-commerce policy, trade partnership programs, enforcement and facilitation mechanisms, and regulatory reform.
Mr. Feldman innovatively and resourcefully resolves complex issues pertaining to import classification compliance and tariff engineering; valuation requirements and first sale duty savings; seizure and penalty prior disclosures and mitigation petitions; antidumping and countervailing duty administration and enforcement; trade preference qualification for NAFTA/USMCA, CAFTA-DR, and other programs; intellectual property pre-compliance and forfeiture defense; importer/broker compliance reviews and cost savings analysis; export control reviews and enforcement strategies; and CTPAT/border security certification, validation, and suspension/revocation support.
For more information, please follow this link.
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The International Law Quarterly - Fall 2021 |
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The Fall 2021 Issue of the International Law Quarterly - Focus on Haiti is now available. Click on the image above to download! For all previous issues of the International Law Quarterly, please follow this link.
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The ILS Thanks its Sponsors
In light of what we accomplished this past year, we hope you will continue to support the Section as a sponsor. In 2019-2020, various firms, companies and suppliers sponsored the Section.
We look forward to another year of innovative programs where we can advance international law and further promote our sponsors. To learn more, read the Section's sponsorship package. You can also contact our Treasurer, Ana Maria Barton at abarton@reedmith.com, or Vice Treasurer, Cristina Vicens Beard at cvicens@sequorlaw.com for more details.
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The ILS Gazette
Editor: Davide Macelloni
Chair: James M. Meyer
Immediate Past Chair: Robert J. Becerra
Chair-Elect: Jacqueline Villalba
Secretary: Richard Montes De Oca
Treasurer: Ana Barton
Vice-Treasurer: Cristina Vicens Beard
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© 2021. All Rights Reserved. |
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