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The International Law Section Gazette
Section News
ILS Chair's News & Notes
Dear ILS Members,

In anticipation of our upcoming event in collaboration with the Haitian Lawyers Association ("HLA"), we have invited HLA's Vice President and Chair-Elect, Veronique Malebranche, to address our membership in this edition of the "ILS Chair's News & Notes."
On behalf of the Haitian Lawyers Association ("HLA"), it is a great pleasure to announce our collaboration with the International Law Section ("ILS") of The Florida Bar to host a cocktail party and fundraiser on September 22, 2021, to raise funds for Ayity Community Trust.

The Haitian Lawyers Association was founded in 1997 to foster and encourage professional excellence among Haitian-American attorneys. HLA's members include lawyers, law students, law professors, and judges. We offer many events ranging from career development, networking opportunities, citizenship drives, and community outreach webinars with our main goal being to promote diversity in the legal profession. On March 19, 2022, HLA will host its annual Scholarship Gala to honor leaders and pioneers in the legal community. The Scholarship Gala is an opportunity to showcase HLA and its talented members and our many accomplishments. Most importantly, the Gala will highlight the future of HLA by awarding scholarships to worthy law students in the South Florida area.

We are happy to share that the ILS invited HLA to write articles on various topics concerning legal issues affecting Haiti, and our members rose to the occasion. We will have several articles written by our members that will be published in the next quarterly issue of the International Law Quarterly.

We are excited and look forward to this amazing event on September 22nd with The Florida Bar ILS to benefit Ayiti Community Trust!

Regards,

Veronique Malebranche, Esq.
Vice President
Haitian Lawyers Association
Upcoming Events
September 20, 2021
Please join ILS' Hemispheric Sponsor JAMS this Monday, September 20th, at 2:00 PM EST for its webinar "International Construction and Energy Disputes." The panel of global energy and construction experts, featuring Roberta Downey, Global Chair, Construction and Engineering Practice, Hogan Lovells (London), and Navneet Juty, Vice President and Assistant General Counsel, AECOM (London), and moderated by Laura Abrahamson, International Mediator, Arbitrator and Referee/Special Master, JAMS (L.A. and London), and Joe Tirado, International Arbitrator and Mediator, JAMS (London), will discuss hot topics for dispute resolution in the energy and construction industries today and in the post-pandemic world, including:

  • What are the lessons learned from the past 18 months that can guide construction and energy dispute professionals going forward?
  • How can a delay and disruption dispute best be handled?
  • What dispute management and resolution methods are most appropriate for different scenarios?
  • What future impact they see arising out of the May 2021 Hague District Court decision in the Royal Dutch Shell plc matter and activist shareholders?

For those lucky enough to be in London, UK, please register here. In-person doors open at 6:00 p.m. For those attending virtually, please RSVP here.
September 22, 2021
Please join the Florida Bar International Law Section and the Haitian Lawyers Association on September 22, 2021, for "Cocktail Night for a Cause," a joint cocktail fundraiser/networking event benefiting the Ayiti Community Trust. The event will be at Glass and Vine, 2820 McFarlane Road, Miami, Florida 33133 starting at 6:30 p.m. To register for the event, click here or on the image above!
September 22, 2021
Please join ILS' Hemispheric Sponsor JAMS, the Centre for Effective Dispute Resolution (CEDR), ADR Centre Global, the International Association of Lawyers (UIA), the Weinstein International Foundation, and an expert panel of legal and business leaders for the fourth installation of their Global Webinar Series, "Confronting Chaos, Embracing Conflict," with a focus on the European continent. The program will explore the opportunities, challenges, and trends supporting collaborative dispute resolution and management within the context of regional trade relationships, evolving ADR mechanisms and institutional developments in the region. The outcome will be a call for stakeholders in all verticals of business, industry, and the legal field to leverage chaos as an opportunity to build more robust systems and relationships that defuse conflict, embrace dialogue, and harness organizational capabilities. To register, please follow this link.
September 23, 2021
Please join the Florida Bar International Law Section on September 23, 2021, at 10 a.m. for its webinar, "Doing Business in india - An Overview of Legal Considerations." The webinar, moderated by ILS Executive Council Member Neha Dagley and Fred Rocafort, attorney at Harris Bricken, will feature Hemang Pareck and Sagar Kadam, partners at DSK Legal's office in Mumbai, India, and Aparajit Bhattacharya and Dinesh Pardasani, partners at DSK Legal's office in New Delhi, India. The panelists will provide an overview of key legal considerations for U.S. and international companies interested in doing business in India. To register, please follow this link.
September 29, 2021
Please join the Miami International Arbitration Society on September 29, 2021, for its webinar "Airbnb v. Doe: The Florida Supreme Court Takes on Arbitrability in Florida." The webinar, featuring Ed Mullins, George Bermann, Carlos Concepcion, Luis O'Naghten, Harout J. Samra, Wiliam K. Hill, Anabel Blanco, Giovanni Angles, and Steven Sukert, will discuss the case Airbnb, Inc. v. Doe, accepted by the Florida Supreme Court to decide whether the incorporation of arbitration rules which provide that the arbitrator will decide questions of his or her own jurisdiction is sufficient to divest the courts of this power. Although most courts that have addressed this issue have concluded that the incorporation of such rules is sufficient, the issue has become the subject of considerable national debate. The Miami International Arbitration Society recently submitted an amicus brief on this issue before the Florida Supreme Court.

This CLE program will include a mock oral argument of this potentially pivotal case, in which members of the team who acted as counsel for MIAS in the amicus brief will argue for each side and field questions from what is expected to be a "hot bench." The moot will be followed by a discussion among the participants. To register, please click on the image above or follow this link.
Announcements
Call for Applications - Florida Bar Board Certification in International Litigation & Arbitration
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.
ILS Retreat in the Bahamas - DATE MOVED TO SPRING 2022
Dear ILS Members:

The ILS Retreat in the Bahamas is postponed to Spring 2022. The CDC recently announced that it added the Bahamas to its "highest risk" category for travel, and as a result, the Bahamas are imposing an earlier curfew and more restrictions and limitations on activities and travel. For these reasons, the Board has decided to delay the much anticipated ILS Retreat in Bimini from October until next April.

We can't wait to see you all in the Bahamas in Spring 2022!

Best,

The ILS Board
The ILS Participation Challenge
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:

  1. 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.
  2. 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!
  3. Mark the tiles on the ILS Participation Challenge “bingo” card as you complete each activity or event marked on that tile.
  4. 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.
  5. 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.
  6. 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).
  7. 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.
  8. 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! 
iLaw2022: Call for Proposals and Steering Committee Members
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.
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."

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.


From Our Members
Two Minutes in Trade:
Podcast from Sandler, Travis & Rosenberg, P.A.
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 the Section 321 e-commerce pilot that CBP extended in the latest episode.

Today’s Discussion: Keep the Data Coming! CBP Extends its E-Commerce Pilot for Two Years
 
CBP has extended through August 2023, its pilot program testing the transmission of additional data elements for Section 321 goods in advance of their arrival. The burgeoning use of e-commerce has exponentially increased the number of shipments under $800 imported by one person on one day that are duty and tax exempt.  CBP has indicated it needs additional advance information and time to assess the security risk of these shipments while still maintaining the speedy clearance critical to many companies’ business models.

CBP plans to continue to run the data pilot to test the feasibility of (1) obtaining advance information from traditional and non-traditional entities, such as online marketplaces, and (2) requiring additional advance data elements that identify the entity causing the shipment to cross the border, the product in the package, the listed marketplace price, and the final recipient. However, specific data elements will vary somewhat depending on the transmitting entity. CBP likely will use this information to improve its ability to identify and target high-risk e-commerce shipments, including for narcotics, counter-proliferation, and health and safety risks.

The pilot currently is limited to nine participants, including carriers, brokers, freight forwarders, and online marketplaces. Participants agree to electronically transmit the specified advance data elements regarding Section 321 shipments destined for the U.S. and arriving by any mode of shipment. However, shipments designated for a foreign-trade zone remain excluded. Additionally, CBP has provided participants the flexibility to transmit optional data elements as they are able to test the viability of sharing additional information.

After the pilot ends, CBP will determine whether to further extend and/or expand it or make additional advance reporting requirements mandatory in the e-commerce environment. Meanwhile CBP continues to process millions of under $800 e-commerce shipments through the type 86 entry test filed through ACE by owners, purchasers or appropriately designated customs brokers. The type 86 entry allows filing through the automated broker interface or ABI and can be used for PGA regulated commodities although parties often use it for non-regulated commodities for enhanced speed, compliance and even recordkeeping.

No doubt CBP will continue to explore how to realign the legal and regulatory constructs to update the requirements for section 321 de minimis shipments. But for now, the data will keep flowing and hopefully in a way that illustrates the full variety of “e-chains” that have become commonplace in today’s small package environment.
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.
Employment Opportunities
Osorio Internacional, P.A.
Osorio Internacional, P.A., Brickell based, is looking for a Florida Bar Licensed attorney for fast-paced international litigation and arbitration practice. Our cases are complex and high stakes. 7 year minimum required, with strong leadership and cross-cultural skills. Foreign law degrees, foreign practice and additional languages a plus. Please send CV/resume and writing samples in languages spoken. Pay is competitive. For follow up, please contact Office Manager, Gabriela Saavedra, at gsaavedra@osorioint.com.
OKI Law
OKI Law is looking to hire for a legal assistant/paralegal to assist with litigation and non-litigation matters. Must have prior experience, be dependable, detail oriented, able to work as part of a team, and have strong organizational skills. This is not a remote position. The position will have a four-day work week, Monday-Thursday, and will be 32-40 hours/week.

Responsibilities include:

  • Review and draft routine legal documents
  • Maintain case files
  • Facilitate the meeting of deadlines by keeping organized scheduled and providing timely reminders
  • Assist with discovery, trial preparation, etc.

Qualifications: Experience as a legal secretary or assistant or paralegal. Spanish preferred, but not necessary.

Compensation: $20-35/hr, depending on experience.

To apply, please send your resume to Omar Ibrahem at omar@okilaw.com.
Spring ILQ
The International Law Quarterly - Spring 2021
The Spring 2021 Issue of the International Law Quarterly - Shifts in International Law Under the Biden Administration is now available. Click on the image above to download! For all previous issues of the International Law Quarterly, please follow this link.
Visit Our Sponsors
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.
BECOME A SPONSOR for the 2021-2022 Cycle!
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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