DOWNLOAD PDF NAFTA BUSINESS LAW HANBOOK-2001

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1 Chapter 1 : Visas for Canadian and Mexican NAFTA Professional Workers Obtain Nafta Business Law Hanbook e-book pdf and others format obtainable from this web site may not be reproduced in any form, in whole or in part (except for temporary quotation in important articles or reviews. Department of Transportation Regulations Regulations issued today explain how Mexican-domiciled carriers may apply for operating authority beyond the U. The rules include requirements that meet the terms of the Transportation and Related Agencies Appropriations Act, Mexican-domiciled carriers and U. Mexican-domiciled carriers applying to operate to and from the United States are required to have a distinctive USDOT number, undergo safety monitoring initially and during an month provisional period. During operations under provisional operating authority, and for 36 months after receiving permanent authority, Mexican vehicles operating beyond the border commercial zones into the U. The regulations require all Mexican-domiciled carriers entering the United States to have a drug and alcohol-testing program, a system of compliance with U. Mexican commercial vehicles with authority to operate beyond the commercial zones will be permitted to enter the United States only at commercial border crossings and only when a certified motor carrier safety inspector is on duty. Federal and state safety inspectors will be required to inspect and verify the status and validity of the license of each driver of a long-haul Mexican-domiciled motor carrier 1 when carrying a placardable quantity of hazardous material; 2 when undergoing a full vehicle driver Commercial Vehicle Safety Alliance inspection; and 3 50 percent of other long-haul Mexican drivers engaged in cross-border operations. Mexican-domiciled carriers planning to operate solely within the commercial zones along the U. S-Mexico border will be required, within 18 months, to apply for provisional Certificates of Registration, which grant temporary authority to operate in the United States. The provisional Certificate of Registration cannot be made permanent for at least 18 months, until the carrier has successfully completed a safety audit. DOT will provide all Mexican-domiciled carriers educational and technical assistance before the restrictions on Mexican carrier operations are lifted. DOT and States will also do the following: Equip five of the ten locations with the highest volume of commercial vehicle crossings with weigh-in-motion WIM scales before reviewing or processing carrier applications beyond the border zones. An additional five will be in place by December Reciprocal access beyond the border states was promised by January 1, Canadian carriers have been operating throughout the United States since S blanket refusal to process the applications of Mexican carriers seeking U. President Bush has assured President Fox that the U. Congressional concerns regarding safety compliance and monitoring of Mexican-domiciled commercial vehicles were resolved in the Transportation and Related Agencies Appropriations Act,, which President Bush signed on December Since then, the United States announced its commitment to open the border to Mexican-domiciled commercial vehicles by midyear and to implement a regime of regulations to ensure safety. DOT has been inspecting Mexican trucks and buses at the border since By mid, DOT will have enforcement personnel in place, more than four times the number it had in place in mid Page 1

2 Chapter 2 : CANADIAN WORK PERMITS UNDER THE NAFTA Enter your mobile number or address below and we'll send you a link to download the free Kindle App. Then you can start reading Kindle books on your smartphone, tablet, or computer - no Kindle device required. Written by Henry J. Temporary entry means that the alien must have no intention of remaining in Canada permanently. This is consistent with the nonimmigrant intent requirement for all visitors to Canada. The intent of the business visitor provision is to facilitate the entry to Canada of the short-term business visitor who has no intention of entering the Canadian labor market. In other words, the alien must be entering Canada on behalf of a business enterprise located in either the United States or Mexico. If he or she simply wishes to work for a Canadian employer, or under contract to a Canadian company, the business visitor category is not appropriate. The business visitor exemptions contained in the NAFTA are based on the six stages of the business cycle: There is also a category for general service. The list of business visitor exemptions is reproduced here. However, the most notable exemptions are as follows: Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party. Harvester owner supervising a harvesting crew admitted under applicable law. Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of another Party. Trade fair and promotional personnel attending a trade convention. Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party, but not delivering goods or providing services. Transportation operators transporting good or passengers to the territory of a Party from the territory of another party or loading and transporting goods or passengers from the territory of a party, with no unloading in that territory, to the territory of another party. United States customs brokers performing brokerage duties relating to the export of goods from the territory of Canada to or through the territory of the United States. Installation includes only setting-up and testing the commercial or industrial equipment or machinery, or computer software. It does not include operating in a productive capacity the equipment or machinery, or computer software. The entry must relate to an obligation to provide the after-sales service in respect of non-canadian goods, stemming from the original sales agreement. However, "incidental" does not mean that a warranty or service agreement must have the same date as the sales agreement. The life of the initial warranty or service agreement may be extended provided that the sales agreement, or initial warranty or service agreement contained a provision allowing for the extension. Professionals engaging in a business activity at a professional level in a profession set out in Appendix Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of another Party. Financial services personnel insurers, bankers, or investment engaging in commercial transactions for an enterprise located in the territory of another Party. Public relations and advertising personnel consulting with business associates, or attending or participating in conventions. Only professions which appear in Appendix An alien seeking admission as a NAFTA professional must satisfy the minimum credential requirements for the proposed occupation. These credential requirements also appear in Appendix In addition to satisfying the minimum credential requirements contained in Appendix Applications for work permits for NAFTA professionals may be adjudicated either at a port of entry or at a consular post anywhere in the world. However, while the alien must continue to establish that his or her entry is temporary, there is no limit on the number of extensions that are available under this category. Eligibility as an intracompany transferee requires evidence of the following: A qualifying relationship must exist between the Canadian company and the company located abroad. The qualifying organization must be actively "doing business" in both Canada and the treaty country. The Canadian company must be a parent, subsidiary, or affiliate of the company located abroad. The alien must have at least one continuous year of employment with the company located abroad within the three-year period preceding the application for a work permit. The prior employment abroad and proposed employment in Canada must be in a managerial, executive, or specialized knowledge capacity. The definition of "executive capacity" requires the executive to primarily direct the management of the organization or a major component or function thereof, establish goals or Page 2

3 policies relating thereto; exercise wide latitude in discretionary decision-making; and receive only general supervision from higher level executives, the board of directors or the shareholders of the company. The definition of "managerial capacity" requires the manager to manage the organization, or a department, subdivision, function, or component of the organization; supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization; to have the authority to hire and fire or recommend those and other personnel actions such as promotion and leave authorization ; if no other employee is directly supervised, to function at a senior level within the organization hierarchy or with respect to the function managed; and to exercise discretion over the day-to-day operations of the activity or function for which the employee has the authority. The total period of stay for a person employed in an executive or managerial capacity may not exceed seven years. The total period of stay for a person employed in a specialized knowledge capacity may not exceed five years. Applications for work permits as an intracompany transferees under the NAFTA may be adjudicated either at a port of entry or at a consular post anywhere in the world. Such work permits may be granted for a maximum initial period of up to three years. However, individuals admitted to Canada to open a new office or to be employed in a new office may only be granted an initial period of up to one year. The foreign national may apply for incremental extensions of two years at a time, up to the maximum stay of seven years in the case of managers or executives or five years in the case of specialized knowledge workers. This definition actually differs from the E category under U. They simply have to show that they will develop and direct the treaty business as principal investors or traders. In order to qualify as treaty traders or investors, the treaty business must have United States or Mexican nationality. In order to establish this, at least fifty percent of owners of the treaty business must be citizens of the treaty country under which the alien is seeking status. Joint ventures and partnerships are limited to two parties. The place of incorporation of an enterprise is not relevant to determining nationality. Such activities include, but are not limited to, international banking, insurance, transportation, communications and data processing, advertising, accounting, design and engineering, management consulting and tourism. In order to qualify as a treaty trader, substantial trade must be present. Proof of numerous transactions, although each may be small in value, might establish the requisite continuing course of international trade. The international trade must also be principally between Canada and either the United States or Mexico. Treaty Investors must be seeking temporary entry solely to develop and direct the operations of an enterprise, in which they have invested, or are actively in the process of investing, a substantial amount of capital. To meet the "develop and direct" requirement, the applicant should have controlling interest in the treaty enterprise. The concept of investment connotes the placing of funds or other capital assets at risk, in the hope of generating a profit or return on the funds risked. Consequently, investor status cannot be granted to non-profit organizations. The investment funds must be irrevocably committed to the business. Mere intent to invest or prospective investment arrangements without a current commitment of funds will not be sufficient. The alien must also demonstrate prior or present possession and control of the funds or other capital assets. There is no minimum dollar figure established for meeting the substantiality requirement. Substantiality is normally determined by using a proportionality test in which the amount invested is weighed against one of the following factors: The total value of the particular enterprise in question usually applied in the case of a purchased business ; or The amount normally considered necessary to establish a viable enterprise of the nature contemplated usually applied in the case of a new business. The objective of investor status is to promote productive investment in Canada. Therefore, an applicant is not entitled to treaty investor status if the investment, even if substantial, will return only enough income to provide a living for the applicant and his or her family. Principal traders or investors may request treaty status for executive, supervisory or essential skills personnel provided that the principal trader or investor has treaty status or would qualify for such status if they were in Canada. The employee must also have the same treaty citizenship as the principal investor or trader. The supervisory or executive element of the position must be a principal and primary function. A supervisor is a manager whose primary responsibilities involve the directing, controlling and guiding of subordinate employees and who does not routinely engage in hands-on activities. An executive is in a primary position in the organization with Page 3

4 significant policy authority. There is no requirement that an "essential" employee have any employment history with the treaty enterprise, except where the needed skills can only be obtained by that employment. Canadian law recognizes two types of exceptions to the essential skills standard: Highly trained and specially qualified technicians needed to train or supervise personnel in manufacturing, maintenance and repair functions may obtain treaty status, even though they may also perform some manual duties, provided that the firm cannot obtain the services of a qualified Canadian technician. However, it is expected that the Canadian firm will, within a reasonable period of time, locate and train a Canadian to replace this essential skills worker. Employees who are needed in the start-up of a treaty investment but apparently not a treaty trader enterprise, because of their familiarity with the overseas operation rather than their specialized skills, may obtain treaty status. It is designed to assist new enterprises to establish themselves and to allow them a reasonable time to train Canadians. The granting of investor status to an employee in this situation will not normally exceed one year. Applications for treaty trader or treaty investor status should be made to a Canadian consulate abroad. However, due to the complexity of the application and reasons of client service, program consistency, and reciprocity, an application for a work permit as a treaty trader or treaty investor should be submitted at a Canadian consulate abroad. A person who wishes to submit such an application at the port of entry will be counselled to submit the application at a consulate. Because of reciprocal treatment offered to Canadians, Mexican citizens who are granted temporary resident status can also apply for trader or investor status from within Canada. There is no time limit on how long aliens can remain in Canada as traders or investors. Temporary entry may be extended as long as the qualifying requirements for entry as a trader and investor continue to be met. A treaty investor or treaty trader work permit issued at the time of entry can have a maximum duration of one year. Extensions may be granted for up to two years at a time. Page 4

5 Chapter 3 : International Trade Administration Nafta Business Law Hanbook - In this site is not the similar as a answer calendar you buy in a collection heap or download off the web. Our on top of 14, manuals and Ebooks is the defense why customers save. Download PDF version of guide for print I. It is designed to remove tariff barriers between the U. NAFTA includes two important side agreements on environmental and labor issues that extend into cooperative efforts to reconcile policies, and procedures for dispute resolution between the member states. Side Agreements can be found at 32 I. The text of the agreement is available electronically in multiple sources, but a particularly reliable one is the NAFTA Secretariat website. Draft negotiating texts of Chapter 11 are available on the website of the U. The negotiating history of Chapter 20 is also available on the U. Use the search pr "nafta text" for the text and pr "supplemental agreement" for supplemental agreements. Background Information Judith H. A55 F68 includes lists of acronyms and addresses of resources for information in Canada, Mexico and the U. Holbein and Donald J. This practice-oriented guide includes the text of the agreement with supplemental agreements and annexes, an analysis and summary, and a directory of sources to answer industry-specific questions KDZ This loose-leaf includes texts of documents consisting of the first bilateral U. Alejando Posadas, Closer Borders: A Bibliography with an Index, 6 Duke J. Its website contains panel decisions for both the NAFTA and the FTA, the Code of Conduct for dispute settlement, rules of procedure for panels, information on the status of panels and a roster of panel members. T73 explains the dispute resolution process and outlines activities of working groups and committees. C3 ; updated through January It contains an annotated text in French and English with references to the U. This is one of the best places to look for references to primary and secondary Canadian sources. Requests for Panel Review under the dispute resolution procedures also appear in the Federal Register. There is an exhaustive legislative history of NAFTA which includes the texts of the agreement, chronologies, bibliographies, and some Spanish language documents: Reams and Jon S. Public Law KDZ Federal Legislative History Library. The Canada Gazette KE An interagency effort, Export. The Trade Information Center gives information on commercial and economic conditions and tariff rates. These sites include the text of the agreement, news, statistical information and links to other resources. Jonathon Graubart, Legalizing Transnational Activism: Finbow, The Limits of Regionalism: Achievements and Challenges HF H85 is an analysis focusing on the strengths and weakness of NAFTA and advocating a revision to address issues concerning labor and environmental protections. Page 5

6 Chapter 4 : North American Free Trade Agreement - Wikipedia Nafta Business Law Hanbook (Global Investment and Business Library) by Ibp Usa and a great selection of similar Used, New and Collectible Books available now at racedaydvl.com Problems playing these files? Within 10 years of the implementation of the agreement, all U. NAFTA also sought to eliminate non- tariff trade barriers and to protect the intellectual property rights on traded products. Chapter 20 provides a procedure for the international resolution of disputes over the application and interpretation of NAFTA. Adams, Susan Getzendanner, George C. Pratt, Charles B. To alleviate concerns that NAFTA, the first regional trade agreement between a developing country and two developed countries, would have negative environmental impacts, the commission was mandated to conduct ongoing ex post environmental assessment, [33] It created one of the first ex post frameworks for environmental assessment of trade liberalization, designed to produce a body of evidence with respect to the initial hypotheses about NAFTA and the environment, such as the concern that NAFTA would create a " race to the bottom " in environmental regulation among the three countries, or that NAFTA would pressure governments to increase their environmental protections. Agriculture is the only section that was not negotiated trilaterally; instead, three separate agreements were signed between each pair of parties. This became a High Priority Corridor under the U. Intermodal Surface Transportation Efficiency Act of Canada You can help by adding to it. Commenting on this trade-off, Trefler said that the critical question in trade policy is to understand "how freer trade can be implemented in an industrialized economy in a way that recognizes both the long-run gains and the short-term adjustment costs borne by workers and others". Effects of NAFTA on Mexico Maquiladoras Mexican assembly plants that take in imported components and produce goods for export have become the landmark of trade in Mexico. They moved to Mexico from the United States[ citation needed ], hence the debate over the loss of American jobs. Income in the maquiladora sector has increased The overall effect of the Mexicoâ U. Mexico did not invest in the infrastructure necessary for competition, such as efficient railroads and highways. Mexico went from a small player in the pre U. Free trade removed the hurdles that impeded business between the two countries, so Mexico has provided a growing market for meat for the U. A coinciding noticeable increase in the Mexican per capita GDP greatly changed meat consumption patterns; per capita meat consumption has grown. The growth in the maquiladora industry and in the manufacturing industry was of 4. Tufts University political scientist Daniel W. This has boosted cooperation between the United States and Mexico. However, there were worker and firm adjustment costs as the three countries adjusted to more open trade and investment among their economies. This trade deficit accounted for The study showed that the US trade balance is influenced by tax avoidance opportunities provided in Ireland [67]. The study focused on the effects that gradual "phase-in" periods in regional trade agreements, including NAFTA, have on trade flows. In a report, the Congressional Research Service summarized multiple studies as follows: According to the U. Trade Representative, this trade supports over, small- and medium-sized businesses in the US. Additionally, 17, of their family members 13, Canadians, 2, Mexicans, as well as a number of third-country nationals married to Canadians and Mexicans entered the U. A discrepancy may be caused by some TN entrants leaving the country or changing status before their three-year admission period has expired, while other immigrants admitted earlier may change their status to TN or TD, or extend TN status granted earlier. According to the International Organization for Migration, deaths of migrants have been on the rise worldwide with 5, deaths in These numbers include both entrants under NAFTA and those who entered under other provisions of Canadian immigration law. We have got to stop sending jobs overseas. Legal disputes This article needs to be updated. Please update this article to reflect recent events or newly available information. August In, the gasoline additive MMT was brought to Canada by Ethyl Corporation, an American company when the Canadian federal government banned imports of the additive. They argued that the additive had not been conclusively linked to any health dangers, and that the prohibition was damaging to their company. Other Canadian researchers and the U. Environmental Protection Agency disagreed citing studies that suggested possible nerve damage. Canada filed many motions to have the duty Page 6

7 eliminated and the collected duties returned to Canada. On April 29,, a determination was made that this change in tax law was not expropriation. The studies agreed that the abolition of U. Under the historic Article 27, indigenous communal landholdings were protected from sale or privatization. Indigenous farmers feared the loss of their remaining lands, and also feared cheap imports substitutes from the US. In Canada, several groups, including the Council of Canadians, challenged the constitutionality of Chapter They lost at the trial level [] and have subsequently appealed. The construction had already been approved by the federal government with various environmental requirements imposed see paragraph 48 of the tribunal decision. The NAFTA panel found that the municipality did not have the authority to ban construction on the basis of its environmental concerns. Page 7

8 Chapter 5 : North American Free Trade Agreement (NAFTA) United States Trade Representative section, michael ende momo pdf dunlopore, simply beautiful sweaters for men, nafta business law hanbook, a history of opera the last four hundred years, petits macarons colorful french recipes pdf download, oracle jrockit the definitive guide marcus lagergren, read. Gather Required Documentation Gather and prepare the following required documents before your visa interview: Each individual who needs a visa must submit a separate application, including any family members listed in your passport. A photo is not required if you are applying in Mexico. A contract or letter of employment in the United States - To show that you have a job offer, provide a contract or employment letter from your employer in the United States confirming your upcoming employment in one of the professional occupations listed in Appendix The letter should also include: To demonstrate your experience, present letters from former employers. If you were self-employed, provide your business records. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of your intent to depart the United States after employment as a NAFTA professional. Evidence of your family ties may be sufficient to show your intent to return to your home country. Upon arriving in the United States, state or non-federal authorities may require you to present proof of licensure to practice a given profession. Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Attend Your Visa Interview During your visa interview, a consular officer will determine whether you are qualified to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U. Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location. You will be informed by the consular officer if further processing is necessary for your application. When the visa is approved, you will be informed how your passport with visa will be returned to you. You must be able to show your ability to financially support your family in the United States. We cannot guarantee that you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa. Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States. Chapter 6 : NAFTA Duke University School of Law Nafta Business Law Hanbook Evangelism And Witnessing Adult Sabbath School Bible Study Guide Book Matthew Henrys Commentary On The Whole Bible Book Of 2nd. Chapter 7 : NAFTA Negotiations: Two's a Company, Three's a Crowd? Big Business And Labor Answers 63 big business and labor flashcards quizlet, chapter 6 a new industrial age unit 3 Nafta Business Law Hanbook Life. Page 8