Integrity Legal

It would appear that the Chinese Special Autonomous Region of Hong Kong may be poised to play a larger role with respect to trade between Greater China and the countries which comprise the Association of Southeast Asian Nations (ASEAN). To quote directly from an article by Mary Swire posted on the website Tax-News.com:

During a recent speech, the Director-General of Trade and Industry, Kenneth Mak, has explained why, last November, Hong Kong made a formal request to join the Association of Southeast Asian Nations (ASEAN)-China Free Trade Area (ACFTA). He noted that ASEAN is Hong Kong’s close neighbour and a very important trading partner. “The ACFTA is an evolving platform for progressive liberalization of trade and investment between ASEAN countries and China, with the ultimate objective of fostering closer economic integration and sustainable economic growth in the East Asian region,” he said…As an important platform for trade and investment between ASEAN and China, Hong Kong’s entry into the ACFTA should also strengthen its intermediary role, with more than 3,700 multinational companies having set up their regional headquarters or regional offices in Hong Kong, and, being a global financial hub and the pre-eminent offshore renminbi centre, Mak believes that Hong Kong can provide high-quality financial and management services between ASEAN, China and the rest of the world.

Readers are strongly encouraged to click upon the hyperlinks noted above to read this article in detail.

Clearly, Hong Kong’s participation in a China-ASEAN free trade area could result in financial, industrial, and business benefits for all of the jurisdictions concerned as the streamlining of trade between these locales could lead to an increase in economic activity not only in ASEAN and China, but in Hong Kong as well.

Meanwhile, the issue of energy security would appear to be at the forefront of the agenda for the members of the Asia Pacific Economic Cooperation (APEC) group. In order to provide further insight into these developments it is necessary to quote from the official website of the Manila Bulletin, MB.com.ph:

MANILA, Philippines — With the Philippines taking the center stage in the Asia Pacific Economic Cooperation (APEC) Leaders’ Summit by 2015, Energy Secretary Rene D. Almendras has indicated that his department will be actively involved in the fortification of policies for the APEC-wide energy security plan… In the proposed strengthening of the APEC energy security plan, the energy leaders in the region will have to re-assess the impact of the global financial uncertainties which have been primarily plaguing the Eurozone countries. They will similarly address concerns relating to political developments in the Middle East and North Africa (MENA) region, as well as those issues relating to carbon emissions from fossil fuel consumption…

Readers are again asked to click upon the hyperlinks noted above to read this article in full.

Energy is a concern in virtually every nation around the globe. Some nations in the Asia-Pacific region have extensive energy resources to draw on while others have virtually no energy resources. Therefore, analysis of the issue of energy security differs depending upon the country. Clearly, as the ASEAN and Asia-Pacific regions evolve there will be new challenges to overcome. Hopefully through careful planning and effective policy making both ASEAN and APEC can create and maintain economic opportunities for those living and working within their members’ jurisdictions.

It recently came to this blogger’s attention that an official representative from the Republic of Korea appears to have been appointed Ambassador to the Association of Southeast Asian Nations (ASEAN). In order to provide further information on this topic it is necessary to quote directly from the official website of The Korea Times, KoreaTimes.co.kr:

Baek Seong-taek, a career diplomat who had served in various capacities at overseas missions including Japan, Vietnam and Malaysia, was appointed this week as Seoul’s first envoy dedicated to ASEAN. With Baek’s appointment, Korea became the fourth non-ASEAN nation to name an ambassador to the regional bloc and will launch a permanent mission for the ASEAN in Jakarta next month to redouble engagement on a wide range of issues such as trade, regional security, disaster management and human rights…Baek said he expects ASEAN to play a “balancing role” in Asia, where a power shift is under way amid the rise of China and the decline of Japanese influence, with the U.S. making a so-called “pivot” to the region…

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read this article in detail.

Although Korea is not the first nation to send an envoy to ASEAN, these developments show an increasing interest in ASEAN’s affairs from the international community. As ASEAN moves closer to being a fully integrated economic community it stands to reason that other nations will desire more interaction with this Southeast Asian organization.

On a related note, it would appear that the Asia-Pacific region is becoming an increasingly popular location among the world’s wealthy, for further insight this blogger must quote from the official website of Bloomberg, Bloomberg.com:

More people in Asia became millionaires last year as the region’s economic growth and entrepreneurship helped generate affluence, according to a report by RBC Wealth Management and Capgemini SA. The number of individuals in Asia-Pacific with investable assets of $1 million to $5 million climbed 1.9 percent to 3.08 million in 2011, according to the report released in Singapore and Hong Kong today. Their total wealth increased 1.5 percent…The World Wealth Report showed in June that the number of individuals in Asia-Pacific with at least $1 million in investable assets jumped 1.6 percent last year to 3.37 million, helped by increases in China, Japan, Thailand, Malaysia and Indonesia. So-called high net-worth individuals in North America dropped 1.1 percent to 3.35 million.

Again, readers are asked to click upon the hyperlinks above to read this article in full.

Based upon the information contained in the article above it would appear that the Asia-Pacific region is now home to the largest number of millionaires in the world. However, much of these individuals’ capital would appear to be located in a few key jurisdictions in Asia most notably Hong Kong and Singapore. One could speculate that future growth may not only increase affluence in places such as Singapore and Hong Kong, but more broadly over the ASEAN and Asia-Pacific regions, respectively.

It recently came to this blogger’s attention that the American Secretary of Defense recently commented upon the apparent tensions arising between Tokyo and Beijing over island claims increasingly disputed between China and Japan. In order to provide further insight into these developments it is necessary to quote directly from the official website of The Japan Times, JapanTimes.co.jp:

Visiting U.S. Defense Secretary Leon Panetta on Monday urged Japan and China to peacefully resolve the intensifying territorial dispute over the Senkaku Islands, expressing concern the diplomatic row could result in a military clash over uninhabited islets in the East China Sea. ”It is extremely important that diplomatic means on both sides be used” to avoid further escalation, Panetta said… [H]e also repeated that the United States will “stand by treaty obligation” with Tokyo, which includes defending Japanese soil, based on the Japan-U.S. security treaty…The Japan-U.S. security treaty obliges the U.S. to defend Japan if an area under Japanese administration is attacked by another country. But observers say if a remote island is attacked, it would likely be up to Japan to respond first, not the U.S. military…

Readers are encouraged to visit the hyperlinks noted above to read this story in detail.

It might seem unlikely that this situation could evolve into major confrontation, there are signs that tensions between Japan and China could get worse if some sort of solution is not found. This information comes as anti-Japanese protests in China spread and claims to certain Southeast Asian islands by members of the Association of Southeast Asian Nations (ASEAN) are voiced. Hopefully, this situation will be resolved peacefully and to the benefit of all concerned.

Meanwhile, it would appear that the Malaysian and Singaporean stock exchanges are set to link up in an effort to provide more trading opportunities and capabilities on each of those respective platforms. To shed further light upon these developments it is necessary to quote from the official website of Live Trading News, LiveTradingNews.com:

The Malaysian and Singaporean stock exchanges are seeking to attract individual investors and boost volumes by offering cross-border trading, the 1st step in creating a Southeast Asian platform. Singapore Exchange Ltd. (SGX) and Bursa Malaysia Bhd. (BURSA) start offering the services Tuesday…

Readers are again asked to click upon the hyperlinks noted above to read this article in detail.

These developments could result in future interest in Southeast Asian Securities from investors abroad. Concurrently, it would appear that Thailand’s stock exchange is prepared to provide more integrated services for ASEAN investors, to quote further from the aforementioned article:

[T]he Stock Exchange of Thailand is set to join the link-up between the Association of Southeast Asian Nations members next month…The trading platform is part of a push by Asean Exchanges to boost regional capital markets and lure more investors to exchanges whose companies had a combined market value of $1.98-T at the end of March, according to the group’s website…

Although the results of these efforts remain to be seen, there is good reason to speculate that these developments could lead to further investment in Southeast Asia both by domestic investors as well as investors from outside the region.

It recently came to this blogger’s attention that leaders from the Southeast Asian nation of Myanmar (sometimes colloquially referred to as Burma) are set to travel to the United States of America. In fact, popular pro-democracy advocate Aung San Suu Kyi appears poised to make a sojourn to the US, her first in some time. To quote directly from the official website of Voice of America, voanews.com:

BANGKOK, THAILAND — Burma’s opposition leader, Aung San Suu Kyi, is set to embark on a visit to the United States, highlighted by awards and meetings with senior U.S. government leaders and the Burmese community… In her first trip to the United States in two decades, Burma’s opposition leader, Aung San Suu Kyi, will be given awards for her long struggle for political reform in Burma and will meet with U.S. President Barack Obama…

Readers are encouraged to click upon the hyperlinks noted above to read this article in full.

For those unfamiliar with the efforts of Aung San Suu Kyi it should be noted that notwithstanding overwhelming adversity she has remained a staunch supporter of democracy for citizens of Myanmar and was recently elected to that nation’s lower house of parliament. However, she is not the only official from Myanmar who appears set to make a notable trip to the United States. It would appear that the current President of Myanmar, Thein Sein, is also slated to make a US voyage. In order to provide further elucidation regarding these events it is necessary to quote directly from the official website of The Jakarta Globe, TheJakartaGlobe.com:

Naypyidaw, Myanmar. Myanmar leader Thein Sein is to visit the United States for the first time as president of the fast-reforming nation, officials said Wednesday, after Washington waived visa restrictions…“The president will visit the UN and US for three days,” a Myanmar official told AFP, adding that the Myanmar leader is set to leave for the US on September 24. US President Barack Obama last month ordered an exception to a visa ban on Myanmar’s leaders to let Thein Sein travel freely during the UN summit…

The administration of this web log asks that readers click upon the hyperlinks noted above to read this story in detail.

Those unfamiliar with current US-Myanmar relations should note that there are a number of restrictions placed upon Burmese leaders when it comes to US travel. Some could speculate that the exception granted to the President of Myanmar in the form of a visa waiver could be a sign of an increased desire to normalize relations between the somewhat reclusive member of the Association of Southeast Asian Nations (ASEAN) and the USA. That said, the future status of relations between the US and Myanmar remains to be seen.

It is interesting to note that apparently Mainland China and Taiwan have signed an agreement streamlining currency and banking transactions occurring between these two jurisdictions, to provide further insight it is necessary to quote directly from the Channel News Asia website, ChannelNewsAsia.com:

TAIPEI: Taiwan and China on Friday signed a deal paving the way for Taiwanese banks to take Chinese yuan deposits and make yuan loans, in the latest agreement to boost trade between the former arch-rivals. The memorandum of understanding outlines the new arrangement, known as direct yuan clearing, which is expected to come into force in 60 days, Taiwan’s central bank said…The deal will also allow Taiwanese companies to issue yuan bonds and sell yuan-denominated investment products on the island, Taiwan’s central bank said…

Readers are encouraged to click the hyperlinks noted above to read this article in detail.

It will be interesting to see whether the promulgation of the provisions of the Memorandum of Understanding noted above will effect the the economies of these two jurisdictions as it could be argued that these changes will foster greater synergy between these two markets which are both very strong in their own right.  This information is noted at the same time that there is speculation that the countries comprising the Association of Southeast Asian Nations (ASEAN) may be the destination for future growth and investment. To quote from the website of the Vancouver Sun, VancouverSun.com

A growing number of U.S. companies plan to shift some operations from China to Southeast Asia in the next two years…a survey by the American Chamber of Commerce in Singapore showed…According to AmCham Singapore, 92 percent of the executives surveyed said they were positive about investment opportunities in the Association of Southeast Asian Nations, or ASEAN – a regional grouping that comprises Indonesia, Thailand, Malaysia, Singapore, Vietnam, the Philippines, Myanmar, Cambodia, Laos and Brunei. ”ASEAN is not only a vital U.S. trade and investment partner, it is a bright spot in the global economy,” said AmCham Vice President Tami Overby.

Please click upon the hyperlinks noted above to read this article in detail.

Clearly it remains to be seen whether resources, financial or otherwise, will be shifted away from China in favor of ASEAN. In fact, it could be argued that there may simply be growing investment and positive economic activity in the region as a whole which would benefit both regions. In any case, notwithstanding a rather stagnant global economic environment, China and the Nations comprising ASEAN would seem clearly poised for growth in the future.

The administration of this web log routinely posts the estimated case processing times of the United States Citizenship and Immigration Service (USCIS) in order to provide pertinent information to interested parties. The following estimated processing times are quoted directly from the official website of USCIS:

It should be noted that these processing time estimates may not accurately reflect the overall time it takes to process an entire case as further time may be expended processing a case through the National Visa Center (NVC). Furthermore, those awaiting a US visa (such as a K-1 visa or a CR-1 visa) outside of the United States will likely be required to undergo Consular Processing at a US Embassy or US Consulate abroad  before prospective issuance.

For related information please see: K1 visa Thailand.

In order to provide pertinent information to those researching issues associated with American immigration from Asia the administration of this web log routinely posts the holiday closing schedules of various US posts in Southeast Asia. To quote directly from the official website of the United States Embassy in Vietnam:

Those wishing to visit the official website of the US Embassy in Vietnam are encouraged to click HERE.

Those seeking services which can only be provided by an American Mission abroad, such as: Consular Reports of Birth Abroad, American notarial services, passport renewals, or passport issuance are encouraged to ascertain whether it is necessary to schedule an appointment online prior to traveling to the post as this  can greatly streamline processing of requests.

On a related note, it recently came to this blogger’s attention that the US Embassy in Vietnam will apparently no longer process adoption cases. In order to provide further insight into these developments it is necessary to quote directly from a posting on the official website of the United States Citizenship and Immigration Service (USCIS) dated February 2, 2012:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced it cannot approve a Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed on behalf of a child to be adopted from Vietnam. The Department of State (DOS) has determined that Vietnam has not proven capable of meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration…Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam. Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS strongly urges parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam…

Readers are encouraged to click upon the hyperlinks noted above to read this posting in detail. Foreign adoption can be a complex and, at times, convoluted process hopefully this announcement will spare prospective adoptive parents from any undue frustration.

In cases in which an American fiance or spouse is seeking a K-1 visa (fiance visa), K-3 visa (non-immigrant spouse visa), or either an IR-1 visa or CR-1 visa (immigrant spouse visa) there may be a misconception that adoption is necessary to bring the child of the foreign fiancee or spouse to the USA. Under such circumstances this may not be the case if the foreign spouse is the sole parent, sole custodial parent, or the other parent consents to the child’s immigration to the USA since a derivative visa category may be available to the child in the form of visas such as the K-2 visa, the K-4 visa, or the IR-2/CR-2 visa. In any case, United States immigration can be a complicated endeavor and the process may vary depending upon the circumstances of the family in question.

In previous postings on this web log the issue of a single travel document for use throughout the Association of Southeast Asian Nations (ASEAN) has been discussed. ASEAN includes many of the nations which comprise Southeast Asia including: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam. At the present time, it is not possible to obtain a visa or travel document which would allow entry into all of these nations as travelers must obtain a visa for each individual country before traveling thereto (in some cases, visas on arrival or visa exemptions may be obtained depending upon the local immigration rules and the passport holder’s nationality). Many travelers find that this situation can make traveling in Southeast Asia rather difficult as obtaining multiple visas from multiple Embassies and/or Consulates can be a time consuming endeavor. In an effort to remedy this situation, many of the ASEAN nations have voiced support for a single ASEAN visa scheme. However, efforts to implement a single ASEAN visa program have yet to bear fruit. Recently, it came to this blogger’s attention that the Vice-President of Indonesia has made comments in support of further efforts to facilitate a single ASEAN visa program. In order to provide further insight into these developments it is necessary to quote directly from a January 13th article posted on the website Philstar.com:

JAKARTA (Xinhua) – Indonesian Vice President Boediono asks the ASEAN to speed up implementation of a joint visa for the region in order to boost the number of foreign tourist arrivals and services in the industry in the region amid the global economic crisis threat, a statement from the vice presidential office said here on Friday…”The goal that we want to reach is not only the increasing number of tourist but also the improved quality of services and the sustainability of the visits,” Boediono said…ASEAN leaders had given commitment for the implementation of the facility during the 11th ASEAN Summit in Bali in Nov. 2011.

Readers are asked to click upon the hyperlink noted above to read this article in full.

There is little doubt that a single ASEAN visa scheme would provide benefits to ASEAN members in the form of increased tourism especially for destinations that are sometimes overlooked by travelers put off by the prospect of processing more than one visa application. One could also speculate that a single ASEAN visa would be beneficial to business travelers wishing to visit more than one ASEAN jurisdiction.

Currently, it does not appear as though a single ASEAN visa scheme will be implemented in the near future, but there is room to hope that progress will be made as it appears there are many officials in the region who support the notion of a single ASEAN visa, at least conceptually. Meanwhile, issues associated with visa procurement in Southeast Asia are evolving. To shed further light upon recent developments it is necessary to quote directly from the website Eturbonews.com:

For now, non-ASEAN travelers have to play with different rules for almost each country…Myanmar just announced at the end of last month to implement e-visa facilities and relax entry into the country.

In an interview conducted by the Myanmar Times newspaper, Union Minister U Tint San declared on February 1 that the government will try to introduce an e-visa system from March that would allow international visitors to apply from anywhere via the Internet before visiting Myanmar. In parallel, the e-visa would allow travelers to enter or exit from any border crossing point. The web address for the proposed e-visa site is www.myanmarevisa.gov.mm . At ATF, Phyoe Wai Yarzar, Secretary of the newly-formed Myanmar Tourist Board, explained that e-visa facilities would, in fact, be the most efficient way for the government to balance the absence of diplomatic representations.

They are also rumors that Vietnam would work on a e-visa solution. There is already the possibility of getting a pre- E-visa clearance in certain cases. But the procedure remains expensive and on a case-by-case basis. Officials from the Vietnam National Administration of Tourism admitted during the ATF that lengthy visa formalities are certainly a major handicap to the development of tourism. Nothing official has been announced so far, but it seems that the government seems to realize that it has to change the way visa is provided if Vietnam does not want to lose out tourists to other destinations.

The administration of this web log encourages readers to visit the hyperlink noted above to read this article in detail.

In the past, the process for obtaining a visa to enter Myanmar (Burma) could be quite cumbersome. It has been this blogger’s relatively recent experience that obtaining a Myanmar visa is somewhat time consuming, but not particularly difficult compared to visa procurement for other nations in the region. Hopefully, the developments mentioned above will lead to further streamlining of visa processing for those wishing to enter countries such as Vietnam and Myanmar (Burma).

Although it remains to be seen when a single ASEAN visa scheme will be fully implemented ASEAN members appear committed to such an endeavor which will likely provide benefits for all concerned.

For related information please see: Thailand visa

In order to provide pertinent information to American travelers abroad the administration of this web log routinely posts the holiday closing schedules of various Embassies and Consulates in Asia. The following is quoted directly from the official website of the US Embassy in Burma (Myanmar):

For further information please click HERE.

Americans seeking services which can only be provided by an American Post abroad, such as: notarial services, Consular Reports of Birth Abroad, passport renewal, etc. are generally required to make an appointment online with the Embassy or Consulate prior to arrival in order to ensure that a request can be processed.

After the processing and approval of a visa petition at the United States Citizenship and Immigration Service (USCIS) an approved petition for a travel document such as a K-1 visa, CR-1 visa, K-3 visa, or IR-1 visa is generally sent to the National Visa Center for further processing and forwarding to a US Embassy or US Consulate with appropriate jurisdiction. Upon arrival at a US Mission abroad a candidate for a US visa must undergo the Consular Processing phase of the immigration process which usually includes an interview. In some cases, the visa application is quickly approved if the Consular officer feels the case is worthy. In other cases, the officer may feel that further documentation is necessary to approve the application. Under such circumstances, a 221g request for further documentation is issued and the visa candidate is given a specified period of time to remedy the deficiency before expiration of the application. Immigrant visa applications are generally processed by an immigrant visa unit at a US Post abroad. Meanwhile, non-immigrant visa applications are usually processed by a non-immigrant visa unit abroad. For purposes of Consular Processing a K-1 visa is usually treated in much the same way as an immigrant visa.

In an effort to provide relevant information to those seeking insight into the American immigration process, the administration of this web log routinely posts the USCIS processing times for various types of immigration petitions. The following processing times are quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS) as posted on January 25, 2012:

Those seeking further information are strongly encouraged to visit the official website of USCIS by either clicking HERE or clicking upon the hyperlink noted above.

Readers should note that these processing time estimates merely tabulate an estimated processing time for a USCIS petition and therefore may not accurately reflect the time it takes for an individual visa petition and application to fully process. In many cases, further time may be required for the approved petition to process through the National Visa Center (NVC). Furthermore, more time may elapse as a resulting from the need for Consular Processing at a US Embassy or US Consulate abroad.

For information related to legal matters arising in Southeast Asia please see: Legal.