Member News, News

CPSC Seeking Information Regarding Third Party Testing for Lead, Phthalates and the Solubility of Certain Chemicals

The Consumer Product Safety Commission (“CPSC”) has issued a request for information on whether there are materials used in children’s products which do not contain certain prohibited elements (e.g., lead) or chemicals (phthalates), and whether there are any materials that do not contain such elements or chemicals above the applicable maximum limit. Based on the information collected, the CPSC may consider exempting certain materials from the third party testing requirements. Comments must be submitted by June 17, 2013. The request for...

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Olli Rehn in New York: At EuroPlace Conference at NYSE & Federal Reserve Program on Transatlantic Trade

Remarks at EuroPlace Conference at NYSE:   Paris EUROPLACE International Financial Forum in New York -- 22 April 2013 Ladies and Gentlemen, I am delighted to have the opportunity to address such a distinguished and international audience, in the wake of the G20 and IMF meetings in Washington. During the G20 discussions, the overwhelming concern was how to boost growth and job creation. We discussed the short-term effects of fiscal policy in this respect, the continued need for structural reform, as well as the...

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The OCC’s New Stance: FDIC Insurance Required for ‘Trust-Only’ National Banks

Traditionally, the Office of the Comptroller of the Currency (OCC) did not require a national bank seeking to engage in non-depository, trust-only activities (a "trust-only bank") to obtain Federal Deposit Insurance Corporation (FDIC) insurance as a prerequisite to granting it a charter. Recently, however, the OCC changed its position; today, a trust-only bank must obtain FDIC insurance in order to be granted a charter. This change in policy, which is designed to ensure that the OCC is not forced...

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Secretary Kerry in Brussels: EU-U.S. Reaffirm Rock-Solid Relationship

European Commission President José Manuel Barroso and European Council President Herman Van Rompuy met with U.S. Secretary of State John Kerry in Brussels. Describing the EU-U.S. relationship as "rock solid," President Barroso said their discussion centered on Syria, climate change, improving the economy and the "very promising Transatlantic Trade and Investment Agreement, and how we can make this move forward." President Barroso noted, "I believe we can get a mandate from our Member States before summer, that we can keep...

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Customs Broker Assessed $8 Million in Damages for Trademark Infringement

A jury awarded $8 million dollars in damages against a Customs Broker found to have engaged in a conspiracy to import fake Coach® handbags and wallets in the case of Coach v. Celco Customs Services and Celine Wang, Ct. No. 11-cv-10787 (Central District of California). On June 24, 2009, CBP seized a shipment of “catalogs” which actually contained 22,040 handbags and 10,300 wallets. Entry was attempted utilizing a fraudulent Power of Attorney (“POA”) allegedly issued by a biochemical company. Coach...

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Reminder: Late Shipment Clauses

The United States Court of International Trade recently denied a request to deduct certain freight charges that the importer argued were included in the transaction value of the goods as a result of the vendors’ late shipment. In Cutter & Buck, Inc. v. United States, Slip Op. 13-45 (April 3, 2013), the court primarily found that because the terms of the purchase order did not specifically provide for a change in negotiated price and a change in the terms of...

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Updated UCITS Notices, Guidance Notes and Application Forms

On 15 February 2013, the Central Bank of Ireland (the “Central Bank”) published updated versions of its UCITS (undertakings for collective investment in transferable securities) Notices and Guidance Notes. The updated documents were produced to reflect the European Securities Markets Authority’s (ESMA) Guidelines on ETFs (exchange traded funds) and other UCITS issues (the “ESMA Guidelines”) as issued on 18 December 2012 and effective from 18 February 2013. The Central Bank’s Application Forms will also be amended to reflect the ESMA...

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Central Bank Online Reporting System Update

The Central Bank of Ireland’s (the “Central Bank”) Online Reporting System (“ONR System”) is now fully operational and Regulatory Returns (the “Returns”) for Irish authorised collective investment schemes (“CIS”) are now to be filed through it. This follows the issuance in May 2012 of Consultation Paper 59, which outlined proposed changes to the regulatory reporting requirements of CIS. Subsequently, the Central Bank issued a letter to the Board of Directors of CIS in relation to the appointment of a System Administrator...

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Q4 Irish Fund Statistics Show Further Growth

On 8 March 2013, the Central Bank of Ireland issued statistics for Q4 2012 on investment funds resident in Ireland. The total number of shares or units in issue by the end of Q4 2012 increased by 4.4% to €932 billion. This increase was due to revaluations of €11.5 billion and net new subscriptions of €28 billion. Irish investment funds were recorded as holding €171 billion sovereign bonds and €253.4 billion of corporate bonds at the end of Q4. There was...

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President Barroso calls for a global approach against tax evasion and fraud at UN Meeting

Speaking at the UN General Assembly High Level Debate on Global Economic Governance today, European Commission President José Manuel Barroso said that tax evasion costs the European Union 1 trillion euros every year and "the global bill is much higher. That is money that should be available to spend on education, skills, healthcare, and infrastructure investment in both developed and developing countries."  President Barroso stressed that the EU is taking common action on exchange of information, on tax havens and...

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