The International Law Section Gazette |
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Dear ILS Members,
At a virtual networking event with law students at the University of Miami this past Wednesday night, the President-Elect of the Florida Bar Gary Lesser and I, together with ILS Executive Council Member Harout Samra and a few other colleagues, had an opportunity to explain to the young, up and coming lawyers what it will take for them to land a good job and eventually become a successful lawyer. Without any prior rehearsal or agreed upon script, we all agreed that, above and beyond most other considerations, it was passion and dedication that were the differentiating factors. As Supreme Court Justice Joseph Story once wrote, “The Law is a jealous mistress, and requires a long and constant courtship. It is not to be won by trifling favors, but by lavish homage.” Ignoring for the moment any sexist tinge from a statement made back in 1929, the intended meaning of Justice Story’s message still rings true today. Law is a demanding profession requiring passion and dedication. A lawyer who cannot commit the rigors of such a relationship should be doing something else. Fortunately for us as practitioners of International Law in the State of Florida, it is relatively easy to stay passionate because what we do in the international legal arena is interesting, dynamic and often times even exciting. For that, we should be grateful everyday.
This message from the ILS came through loud and clear at the recent networking event with the UM School of Law. We also hammered home the same point at the ILS/Young Lawyers Division Cocktail Party two weeks ago, as well as at the virtual Tax LLM seminars with Florida State University, University of Florida and the University of Miami which Jeff Hagen and the Tax Committee have been hosting. In three weeks, we will have the same opportunity at our Rum Tasting CLE event with law students from Florida International University of November 18th (see the invitation in the Gazette below). We are also in discussions with Dean Lourdes Fernandez for an event with students at the St. Thomas University School of Law. Based on those efforts, don’t be surprised if you see a lot of new, young faces at the next ILS event that you attend. The point is this: Whether you are a law student or young lawyer interested in becoming an “international lawyer” or a seasoned international lawyer who is seeking out colleagues and potential proteges who share your passion, the International Law Section is the place to be. There is no better time to “Go International!”
James M. Meyer
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Please join Diaz Trade Law's President, Jennifer Diaz, Associate Attorney, Denise Calle, and Trade Advisor, Carlos Ortiz on November 3 for the NEI accredited webinar titled "Detentions, Warning Letters, and Import Alerts: How to Navigate FDA Enforcement." Starting at 12:00 p.m., the Webinar will provide an overview of the main FDA enforcement actions used, such as Notice of Actions, Import Alerts, Detentions, and Warning Letters. To register, please follow this link.
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Please join the Miami International Arbitration Society on November 4, 2021, for its webinar "MIAS and Friends: First Annual LATAM International Arbitration Tour." During the past 18 months, international arbitration cases have continued to be filed and heard throughout the hemisphere despite travel restrictions around the world. In this program, MIAS provides an update from leading practitioners in the region on the current state of arbitration and the impact of the pandemic. It will be a brief but substantive informational session covering legislative and judiciary developments; state disputes; changes in local regulations and institutional rules; enforcement and current trends. Following an introduction by Adolfo Jiménez, Chairman of MIAS, the panel will be moderated by Silvia Marchili and John H. Rooney, MIAS Board members, and feature Clause von Wobeser, Von Wobeser y Sierra Abogados (Mexico), Juan Felipe Merizalde, JFM Abogados (Colombia), Dvalá Jiménez, DJ Arbitraje (Costa Rica), Maria Teresa Quiñones, Quiñones Alaysa Abogados (Peru), Gerardo Ovalle, Yrarrázaval Ruiz-Tagle Ovalle Salas Vial (Chile), and Cristian de Sousa Zanetti, Cristiano Zanetti Advogados (Brazil). To register, please follow this link.
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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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ILS Retreat in the Bahamas |
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Dear ILS Members:
Save the date for the ILS Retreat, which will take place April 29 - May 1, 2022 in Bimini, Bahamas. We can't wait to see you all in the Bahamas in a few months!
Best,
The ILS Board
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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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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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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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