The PT Law Blog

Jason I. Poblete

Computerlinks, a UAE-based company that sells information technology product and services, has been fined $2.8 million for violating U.S.-Syria export control laws. According to the Department of Commerce Bureau of Industry and Security (BIS), Computerlinks committed three violations of the Export Administration Regulations (the Regulations) by engaging in transactions or taking:

Pursuant to Section 219 of the Immigration and Nationality Act and under Executive Order (E.O.) 13224, the U.S. Department of State has designated Ansar al-Dine (AAD) a Foreign Terrorist Organization (FTO). According to the State Department:

"AAD has received support from AQIM since its inception in late 2011, and continues to maintain close ties to the group. AAD has received backing from AQIM in its fight against Malian and French forces, most notably in the capture of the Malian towns of Agulhok, Tessalit, Kidal, Gao, and Timbuktu, between January and April 2012."

Arthur Freyre

The International Law Section of the Florida Bar this past week hosted a seminar on Emerging Business and Trade Opportunities in Latin America in Coral Gables, Florida.  The speakers discussed the various opportunities and obstacles in the emerging Latin American market.

The first speaker, Violeta Longino spoke about the business climate in Argentina and Mexico.  Concerning Argentina, she mentioned that Argentina is moving towards Venezuela in the sense of over-regulation. To put this in perspective, it is easier to open a corporation in China or in Afghanistan than it is in Argentina.  In contrast to Argentina, Mexico is moving towards open markets.  There have been reforms in the energy sector, and labor laws.  Mexico has even passed an Anti-Corruption law, which stemmed out of a litigation involving Walmart.

Jason I. Poblete

When senior company officials are politically active, or the company has matters pending before the U.S. Congress or federal agencies, your legal and public policy departments have to deal with a whole set of potential issues that other companies do not, at least not with the same intensity. Last week, several newspapers posted a story about the owner of the Las Vegas Sands corporation that is illustrative of what can happen when the law and public policy worlds collide; and also shows how a company should respond. 

The story deals with a very potentially serious legal issue faced by companies that do business around the world, compliance with the Foreign Corrupt Practices Act, or FCPA for short. The Las Vegas Sands corporation reported in its annual shareholders report that that company personnel may have violated the books, records, and internal control provisions of this anti-corruption law.

Priscilla Y. Ro

The following is an overview of some of the more common business visas that our clients ask us about. Please contact us with questions about your particular matter as each immigration case is as unique as its applicant and the surrounding facts.

Temporary Business Visas

H-1B Visas – The H-1B visa is available to people who have a U.S. bachelor’s degree, a comparable foreign degree or the equivalent education and experience, and the job the individual will be performing in the United States requires a bachelor’s degree.

An individual can remain in the U.S. for a maximum of six (6) years in this visa category. Once his or her status has expired, the individual must leave the U.S. for one year before he/she can be readmitted in H-1B visa status for an additional six (6) year period. The visa can be renewed.

Priscilla Y. Ro

Naturalization is the process by which a foreign citizen or national obtains U.S. citizenship once he or she fulfills the requirements established by the U.S. Congress and set forth in the Immigration and Nationality Act (INA).

There are three ways to obtain citizenship:

1. By birth,
2. Sometimes derived or acquired through parents or even grandparents under certain circumstances, and
3. Naturalization

In order to naturalize, most applicants must have been a lawful permanent resident (LPR) and have maintained a residence within the United States continuously for a minimum of five years since being granted their permanent residency.

Priscilla Y. Ro

One of the core doctrines that we value within the U.S. immigration system is family unity.  Both U.S. citizens and lawful permanent residents may sponsor close relatives to become lawful permanent residents themselves. 

In all cases, the family relationship must be established through documentary evidence, such as birth certificates and marriage certificates for example.

Petitions are initiated when the sponsoring relative files an immigrant visa petition, known as Form I-130, with the appropriate United States Citizenship and Immigration Services (USCIS) office or U.S. Consulate abroad. 

Once the petition is received, the receipt date establishes the priority date, in effect, placing the person being sponsored in line for an immigrant visas.

There are three general categories for family members: Immediate Relatives, Preference Relatives, and Accompanying Relatives.

Jason Poblete

The Treasury Department’s Office of Foreign Assets Control (OFAC) will host a Financial Services Industry Symposium in Washington, DC on March 19, 2013. Expected topics on the agenda include:

1. Review of recent changes to Iran sanctions
2. Overview of recent enforcement actions and guidelines
3. Licensing procedures and guidance
4. Compliance with U.S. economic and trade sanctions

These conferences are a good opportunity to meet with OFAC personnel and answer questions about general matters of interest to your companies. 

For more information visit this OFAC website or contact us.

In addition to the laws and regulations, familiarize yourself with U.S. policy reasons for sanctions programs

Jason Poblete

On February 6, 2013, OFAC published updated guidance for companies and individuals who provide or wish to export humanitarian assistance and other support to the Iranian people. While it is an especially good overview document for individuals and companies that have never engaged in such activities, these guideline materials are not a substitute for the laws and regulations.

In the case of Iran, you should refer to U.S. regulations including: Iranian Assets Control Regulations; Iranian Transactions and Sanctions Regulations; Iranian Financial Sanctions Regulations; and the Iranian Human Rights Abuses Sanctions Regulations, as well as underlying laws they are based on such as the Comprehensive Iran Sanctions, Accountability and Divestment Act (CISADA), the Iran Threat Reduction and Syria Human Rights Act (ITRASHRA). 

In addition, when reviewing your company's trade security policies and procedures, or if you're an individual or company unfamiliar with U.S. sanctions laws, you should also familiarize yourself with overall U.S. policy aims with respect to a target country or sanctions programs.