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Program AgendaTuesday, October 271:00 p.m. – 6:00 p.m. 7:30 p.m. – 9:00 p.m. Wednesday, October 287:00 a.m. – 6:00 p.m. 7:15 a.m. - 8:30 a.m. 10:30 a.m. - 10:45 a.m. 10:45 a.m. - 12:15 p.m. Climate change presents huge challenges for governments, business and citizens alike. As countries begin to restrict carbon emissions, the regulatory burden threatens to push emission-intensive activities offshore. Carbon leakage undercuts emission reductions and threatens to penalize countries that regulate emissions by transferring jobs to countries that do not. Developed country governments are countering this threat by considering adoption of emission allowances, carbon tariffs and other import restrictions to offset carbon leakage. Developing countries claim that these measures are contrary to international trade obligations and that they should not have to bear the burden of combating climate change at the expense of their development prospects. The implications are potentially troublesome for all, and pit north against south, poor countries against rich, environment against labor. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. How do you advise your client when compliance with one country's laws violates the laws of another? Elements of the U.S. trade embargo of Cuba seek to impose sanctions of one form or another on non-U.S. entities that engage in business with Cuba. Simultaneously, "blocking measures" in Canada, Mexico and Europe penalize companies that comply with the U.S. trade embargo. Often, these conflicting regimes force companies to decide between violating the laws of one jurisdiction or another. The situation has intensified in recent years as trade and investment in Cuba has increased and as economies (particularly Canada, the U.S. and Mexico) have become more integrated. Leading practitioners and in-house counsel will provide an overview of key measures of U.S. and foreign regimes and discuss the design and implementation of compliance strategies that address these conflicts and minimize exposure to enforcement action in one or more jurisdictions. Sponsoring Committees: Program Chair: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. The emphasis on economic stimulus in the United States has spurred States to consider how to build the numerous infrastructure projects that may be required as a matter of safety and public welfare. Europe and Canada are far ahead of the United States in developing partnerships between government and the private sector, so called Public Private Partnerships or P3's, that allow crucial projects to be built much more quickly and with less public funding. This program will provide attendees with background into how these projects are developed, why Europe and Canada are ahead of the U.S., and what the U.S. government and the States are doing to facilitate P3's. It will also provide practical pointers to help attendees represent the inevitable non-U.S. P3 sponsor who expresses an interest in P3's in their States. Sponsoring Committees: Program Chairs: Moderator: Speakers: 10:45 a.m. - 12:15 p.m. Recently, several states have taken dramatic legislative action to regulate the nature and scope of nongovernmental organization (NGO) activities. In some cases, these regulations have sought to restrict issues NGOs may address, or constrain their access to third-party funding. Governments have justified these measures as necessary in the face of alleged NGO corruption and interference in the political process. However, other observers view these laws as thinly veiled attempts to limit NGO influence across a wide range of matters ranging from human rights to greater government transparency. A panel of experts will examine the content and impact of legislative initiatives in Africa, China, and Latin America and the Caribbean, as well as efforts within the NGO community to define and implement internal accountability norms for the industry. Building on these presentations, a brief workshop session with audience members will help identify potential responses to some of the challenges raised. Sponsoring Committees: Program Chairs: Moderator: Speakers: 12:30 p.m. - 1:45 p.m. Thomas A. Shannon, Jr. is currently the Assistant Secretary of State for Western Hemisphere Affairs. He has been a career member of the Senior Foreign Service, serving as Special Assistant to the President and Senior Director for Western Hemisphere Affairs at the National Security Council from 2003 to 2005. From 2002 to 2003, he was Deputy Assistant Secretary of Western Hemisphere Affairs at the Department of State, where he was Director of Andean Affairs from 2001 to 2002. He was also U.S. Deputy Permanent Representative to the Organization of American States (OAS) from 2000 to 2001. He has served as Director for Inter-American Affairs at the National Security Council from 1999 to 2000; as Political Counselor at the U.S. Embassy in Caracas, Venezuela from 1996 to 1999; and as Regional Labor Attaché at the U.S. Consulate General in Johannesburg, South Africa from 1992 to 1996. During his career as a Foreign Service Officer, Mr. Shannon also served as Special Assistant to the Ambassador at the U.S. Embassy in Brasilia, Brazil from 1989 to 1992; as Country Officer for Cameroon, Gabon, and Sao Tome and Principe from 1987 to 1989; and as the Consular/Political Rotational Officer at the U.S. Embassy in Guatemala City, Guatemala from 1984 to 1986.On June 1, 2009, Assistant Secretary Shannon was nominated to be the next U.S. Ambassador to Brazil and awaits Senate confirmation. The topic of his luncheon address will be an Overview of U.S. Foreign Policy in the Western Hemisphere. 2:00 p.m. - 3:30 p.m. The relationship between Cuba and the United States has been a particularly stormy one over the past 50 years. The proximity of the island nation and its historical, cultural and economic links to the United States have made the antagonism all the more dramatic. As Fidel Castro has faded from the Cuban political scene, and the Obama administration has taken concrete steps to review and revise its policy towards the island nation, interest in the future of the relationship has grown. This program will present a brief overview of U.S. - Cuba relations, the development and implementation of U.S. sanctions against the Cuban government, the current status of U.S. legislation and regulation related to Cuba, the issues surrounding U.S. claims for expropriated assets, and the prospects for change in the legal and policy framework. The program will also go into some detail on the prospects for future housing and commercial property development in Cuba. Program Chair: Moderator: Speakers: 2:00 p.m. - 3:30 p.m. The current financial crisis has had a ripple effect around the world. In an attempt to mitigate its devastating effects, companies all over the world might be tempted to reach out to their competitors thereby engaging in conduct targeted by antitrust law in various jurisdictions. The risk of such behavior may be greater for Latin American companies due to local managers' general unawareness of antitrust regulations. While many of the controversies surrounding parallel cartel investigations in the United States and Europe are settled, or at least well identified, their interaction with Latin American competition regimes poses practical questions that remain unanswered. This program will discuss the main aspects of cartel prosecution and leniency procedure in different Latin American countries that have recently introduced leniency programs, with a particular focus on multi-jurisdictional prosecution involving the United States and/or the European Union. Sponsoring Committees: Program Chairs: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 7:00 p.m. - 8:30 p.m. 8:30 p.m. - 10:00 p.m. Enjoy this first full evening of networking opportunities by dining with your fellow Committee members after the first full-day of programming. This social setting will provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. Thursday, October 297:00 a.m. - 6:00 p.m. 7:15 a.m. - 8:30 a.m. 8:30 a.m. - 10:00 a.m. This program will begin with an introduction to the issues involved in customs law transfer pricing (Value for Duty) compared to income tax transfer pricing in terms of outlining similarities and differences between the two disciplines and discussing the interrelationship and the complexity involved when attempting to apply an income tax transfer price for customs valuation purposes. Other non-income tax transfer pricing concerns, opportunities and pitfalls will also be discussed. Presentations will then be made by the U.S. and Canadian Customs Authorities as to the possibility, if any, and the methodology for using income tax transfer price studies (TPS) for customs purposes. The last half of the program will involve case studies utilizing experienced practitioners on both sides of the border who will outline some of the ways in which income tax transfer pricing can or cannot be used for customs valuation purposes and who will also discuss some of the problems associated with using income tax transfer pricing for customs purposes, including the amendments that must be made for customs purposes, as well as the problems that arise when the transfer price is changed by way of year-end tax adjustments. This is a must program for anyone who thinks that the income tax transfer price is also the customs value for duty. Sponsoring Committee: Program Chairs: Moderator: Speakers: 10:00 a.m. - 10:30 a.m. 10:30 a.m. - 12:00 p.m With the recent seizures of vessels off the coast of Somalia, the age-old practice of piracy has captured international attention - and the once arcane law of piracy has moved again to the forefront of debate in international law. While piracy poses obvious problems for national (and global) security, it also imposes additional risks and costs upon those engaged in international commerce. This program will address the evolution of public international law relating to piracy - and will examine specifically the rules governing a nation's right to interdiction on the high seas, in territorial waters, and on land. The program will also address the impact of piracy upon the private sector, examining such commercial-law issues as the rights of buyers and sellers of seized cargo, charterparty claims, and the obligations of marine insurers. Sponsoring Committees Program Chairs: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m. The Obama Administration has promised a government of transparency, one that will follow the letter of the law and fully inform the public. In the immigration and border security arena, this represents a major shift in policy from the George W. Bush Administration. What does a transparent policy mean to the historic challenge of balancing the free flow of goods and people with national security? What is the impact on the United States' relationship with its neighbors in Canada and Mexico? Can the behemoth Department of Homeland Security meet the transparency challenge? As government agencies increasingly share information, what will guarantee the accuracy of the data? How will individual and corporate privacy be safeguarded? What is at risk if a balance is not maintained? This panel will address this American dilemma in light of what is undeniably a global economy, a global workforce, and a global security challenge. Sponsoring Committees: Program Chair: Moderator: Speakers:
3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. The White House, IRS, Treasury and Justice Department crackdown on individuals and companies who improperly utilize tax havens has significant implications for investors and businesses worldwide. The panel will review recent IRS initiatives, such as the expansion of the foreign account reporting and voluntary disclosure program and the enhanced enforcement of withholding tax compliance by non-financial businesses as well as financial institutions, and examine other international areas of IRS focus. The panel will discuss the Administration's 2009 proposals to combat under-reporting of income through the use of accounts and entities in offshore jurisdictions and to reform the international tax system. In addition, recent developments in the UBS summons litigation, international information exchange agreements and treaties, and the OECD initiative will be presented. Sponsoring Committees: Program Chair: Speakers: 7:00 p.m. - 9:00 p.m. Friday, October 307:00 a.m. - 6:00 p.m. 7:15 a.m. – 8:30 a.m. 7:15 a.m. – 7:45 a.m. 7:45 a.m. – 8:30 a.m. 8:30 a.m. - 10:00 a.m. The Obama Administration has signaled that a new framework for trade is required. This program will present perspectives on which issues will formulate that framework and shape United States trade policy for the next several years. It will present a chance to discuss topics that influence U.S. trade relationships with the countries of the world, such as: To what extent will trade be a component of U.S. foreign policy - and with whom? In which areas will we see changes in trade policy from the previous administration? What must the international lawyer understand about the future of U.S. trade policy? A comprehension of the objectives of U.S. trade policy and the means implemented to reach them is critical to the international practitioner. Those attending this program will be that much better prepared for the new trade rules. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 10:00 a.m. - 10:30 a.m 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where attendees will get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m. With the DR-CAFTA free trade agreement in effect for all Central American countries and the Dominican Republic as of January 2009, the parties are now under an obligation to negotiate an appellate body or similar mechanism for investor-State arbitration. If/when such a mechanism comes into place, it would be the first of its kind for investment arbitration. Is there a need for such a mechanism? What should the appellate mechanism look like? Can such a mechanism be created where other similar efforts have failed? What are the political issues that will affect what the mechanism looks like? The panel of current and former negotiators and investment arbitration litigators will answer these questions and examine a series of negotiating objectives laid out in DR-CAFTA in a lively format in which they make recommendations to a policy maker. Sponsoring Committees: Program Chair: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. This session is part of a two-part series (refer to the Friday 4:00 PM sessions for Part II). Both sessions take place at the Port of Miami. Transportation both to and from the Port of Miami will be provided for these sessions. Transportation will depart the hotel at approximately 1:15 PM and return at approximately 6:15 PM. As security clearances for participants are required, on-site registration for these off-site programs is only available through Wednesday at noon. Have you ever wondered what happens when cargo enters and leaves the country? Well, now is your chance! The Port of Miami is one of America's busiest ports and a very important contributor to the global markets and economies. It contributes over $17 billion annually to the Florida economy and is known both as the Cruise Capital of the World and the Cargo Getaway of the Americas. This program will commence with a Miami port representative who will give a presentation on the port's operations and will conclude with a tour of the port itself, where ABA members will be able to get a behind-the-scenes look at what really happens to cargo at the port, as well as cruise ship operations. Round-trip transportation will be provided. Sponsoring Committee: Program Chair & Moderator: Speakers: 6:30 p.m. - 9:30 p.m. 10:30 p.m. Saturday, October 317:30 a.m. - 9:30 a.m. 8:00 a.m. - 9:00 a.m. 9:00 a.m. – 1:00 p.m. 1:15 p.m. – 5:30 p.m. |
