Integrity Legal

It recently came to this blogger’s attention that the Election Commission in the Kingdom of Thailand has certified the election of both the apparently outgoing Prime Minister and the possible future Prime Minister of that nation. In order to provide further insight into these developments it is necessary to quote directly from the official website of the Voice of America, VOANews.com:

Thailand’s election commission endorsed the election to parliament of Pheu Thai leader Yingluck Shinawatra, Tuesday, clearing the way for her to become the nation’s first female prime minister. The commission said it had voted unanimously to dismiss complaints that Yingluck violated election laws by involving banned politicians – including her elder brother – in her campaign. The decision eases fears of instability raised by the commission’s failure to endorse her with the majority of the July 3 election winners last week. The commission also announced the endorsement of outgoing Prime Minister Abhisit Vejjajiva, whose endorsement also was delayed last week. A total of 370 lawmakers have now been approved…

This blogger asks the reader to click upon the appropriate hyperlinks above to read about these events in detail.

Although this blog attempts to refrain from detailed discussion of Thai political matters it is noteworthy that Thailand may soon see her first female Prime Minister. Hopefully, this election will result in benefits for all concerned. In matters related to the Association of Southeast Asian Nations (ASEAN) it recently came to this blogger’s attention that some of the ASEAN member nations may be discussing ways to streamline matters pertaining to higher education. In order to elucidate further this blogger is required to quote directly from the official website of Bernama, Bernama.com

DENPASAR, July 18 (Bernama) — Deputy Prime Minister Tan Sri Muhyiddin Yassin said the Asean Credit Transfer System is being expanded to include more universities, students and programmes, as part of the efforts to improve education quality through regional cooperation. He said the student mobility programme with the credit transfer system implemented among three countries namely Malaysia, Indonesia and Thailand since 2010 for example, represented one of the initiatives under the ‘permeable framework’ for the internationalization of higher education. “Currently, we are in the process of expanding the number of participating universities, students and also programmes of each country…

This web log’s administration asks readers to click on the links above in order to learn further from this article.

Although not directly related to business in the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), issues pertaining to higher education can have a tangential impact upon the business world since the increase in the labor pool’s education level can have ramifications across the economy. It stands to reason that a more well-educated workforce in the ASEAN jurisdictions will lead to new and innovative business strategies in the coming years.

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

Tags: ASEAN, Asean Credit Transfer System, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, Election Commission in the Kingdom of Thailand, female Prime Minister, Indonesia, internationalization of higher education, Laos, Malaysia, Malaysian Deputy Prime Minister Tan Sri Muhyiddin Yassin, Myanmar, permeable framework, Pheu Thai leader Yingluck Shinawatra, Philippines, Prime Minister Abhisit Vejjajiva, Singapore, student mobility programme, Thailand, Vietnam
Posted in ASEAN Business, Thailand Business | No Comments »

It recently came to this blogger’s attention that the naval chiefs of the nations which comprise the Association of Southeast Asian Nations are set to meet in Hanoi, Vietnam in upcoming days. To provide further insight it is necessary to quote directly from the official website of China Daily, ChinaDaily.com.cn:

HANOI – The 5th ASEAN Naval Chiefs’ Meeting (ANCM-5) will be held in Vietnam on July 26-29, with participation of naval commanders from nine ASEAN member countries and the Lao defense attache in Vietnam. According to Vietnam News Agency on Tuesday, it is the first time Vietnam hosts such defense cooperation event, during which delegates will share views and discuss cooperative measures to respond to security challenges in the region, among other issues…

This blogger asks readers to click upon the hyperlinks noted above to learn more from this insightful article.

This news comes upon the heels of news that the American President is scheduled to attend an upcoming ASEAN meeting. Meanwhile, ASEAN leaders are apparently in continued discussion regarding a communique pertaining to the South China Sea. Finally, it would appear as though there may be further discussion regarding an ASEAN visa which would operate in a similar manner to the Schengen Visa. How all of these developments will ultimately play out remains to be seen, but they are certainly of interest for those in the region.

In news related to the struggle for LGBT Equality this blogger recently came upon an interesting posting discussing the current legal position of the LGBT community in light of continued enforcement of the so-called “Defense of Marriage Act” (DOMA). To quote directly from a posting by Peter J Reilly on the official website of Forbes, Forbes.com:

One of my earliest and most popular (pre-Forbes) posts was on the case of Rhiannon G. O’Donnabhain, who wanted to deduct the cost of gender reassignment surgery as a medical expense.  The IRS argued that the procedure was “cosmetic surgery” and not deductible.  Ms. O’Donnabhain prevailed.  Then came Gill V OPM.  As I noted in my inaugural Forbes post, marital status impact over 1,000 “benefits, rights and privileges” in the United States Code.  Section 3 of the Defense of Marriage Act (DOMA) holds that a couple is not married for any federal purpose unless they are of the opposite gender and that the word spouse means a person of the opposite gender.  In Gill v OPM a district court ruled that Section 3 of DOMA had no rational basis.  There were several plaintiffs in Gill, all legally married in Massachusetts, arguing for a variety of benefits including that of filing a joint return…

Those interested in such issues are strongly encouraged to click upon the relevant hyperlinks above to read this interesting posting in detail.

Section 3 of DOMA also has significant ramifications in an American immigration context as even those who have entered into a same sex marriage in a State which legalizes such unions cannot use said marriage as a basis to petition for spouse visa benefits (such as the CR-1 visa and the IR-1 visa). Concurrently, as such unions are not recognized by the United States federal government a petition for a same sex K-1 visa would also not be permissible so long as DOMA remains in place.  Bearing that in mind the reader should note that legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act (UAFA), and the Reuniting Families Act in order to provide some sort of remedy for the current discrimination being borne by same sex bi-national couples and the LGBT community as whole. As of the time of this writing none of the above legislation has seen passage although with an upcoming Senate Judiciary Committee hearing set to discuss DOMA there is hope that this discrimination will not continue indefinitely.

Tags: 5th ASEAN Naval Chiefs' Meeting, American Immigration, ANCM-5, any federal purpose, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, benefits, CR-1 Visa, defense cooperation event, Defense of Marriage Act, gender reassignment surgery, Gill V OPM, IR-1 Visa, IRS, Lao defense attache, legally married in Massachusetts, LGBT community, LGBT Equality, privileges, rational basis, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, rights, Section 3 of the Defense of Marriage Act, Senate Judiciary Committee hearing, South China Sea, spouse means a person of the opposite gender, uafa, United States Code, United States Immigration, Uniting American Families Act, US Immigration, Vietnam News Agency
Posted in ASEAN Business, same sex visa | No Comments »

It recently came to this blogger’s attention that China and the United Kingdom have apparently concluded a revision of those nations’ double tax treaty. To provide further insight into these events this blogger is compelled to quote directly from the website of Accountancy Age, AccountancyAge.com:

REVISIONS TO THE double taxation treaty between the UK and China will reduce the withholding tax on dividends received by UK investors from Chinese companies. The document revisions coincide with the visit of Chinese premier Wen Jiabao. They reduce the withholding tax on dividends paid out by Chinese companies to 5% from 10%. This will apply to people holding at least 25% shares in a Chinese company and the rate will remain at 10% for other dividends. There has also been a small change in the treatment of royalties, with some royalties being charged at 6%, down from 7%.

Manila, July 16 (CNA) Taiwan’s Ministry of Economic Affairs is asking the country’s businesses to wait patiently for Taiwan to sign economic cooperation pacts with other Southeast Asian countries because Singapore and China are the trade negotiation priorities at present…There are over 8,000 items being discussed in follow-up negotiations with China, and substantive talks are also being held with Singapore, making it hard to give the necessary attention to the Association of Southeast Asian Nations, Shih said…The minister acknowledged, however, that ASEAN was an area with which Taiwan needed to forge a free trade agreement or economic cooperation agreement…

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

As the ASEAN region continues to thrive economically there appears to be a growing yearning for ASEAN trade agreements from nations outside the region. This news comes shortly after the recent announcement that a sort of pan-ASEAN visa, similar to the Schengen Visa, will be one topic of discussion amongst ASEAN leaders. How any of these events will ultimately play out remains to be seen, but there are certainly those who would speculate that many of the topics noted above are positive developments.

For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, China, Chinese companies, Chinese company, Chinese Premier Wen Jiabao, dividends, double taxation treaty, economic cooperation agreement, Free Trade Agreement, International agreements, royalties, Schengen Visa, Singapore, Taiwan Ministry of Economic Affairs, Treaties, Treaty, UK investors
Posted in ASEAN Business, ASEAN Visa, Thailand Business | No Comments »

It recently came to this blogger’s attention that the upcoming ASEAN Ministerial meeting in Bali, Indonesia will discuss the notion of something akin to an ASEAN Schengen-like visa. In order to provide further insight into these matters it is probably best to quote directly from the official website of the Thai News Agency MCOT, MCOT.net:

Jakarta, July 14 (ANTARA) – Indonesia is to bring up the issue of instituting a joint ASEAN visa system at an ASEAN ministerial meeting (AMM) next July 16-23, a minister said. “The idea to adopt a joint ASEAN visa system for visitors from outside the ASEAN region will be discussed during a ministerial meeting in Bali. The concept of a joint visa system will resemble the Schengen visa system adhered to by some European countries,” Foreign Minister Marty Natalegawa said here Thursday… Earlier, the ASEAN Tourism Association (ASEANTA) comprised of member tourism organization from the 10-member nations of ASEAN, is busy lobbying their respective governments to adopt a policy of a single visa valid for all ten countries as a critical step of turning ASEAN into a single tourism destination…

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to delve further into the details of these currently unfolding events.

Readers may recall that the Association of Southeast Asian Nations (ASEAN) is composed of the ten members nations Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam which are becoming increasingly vibrant in the overall spectrum of the global economy. Furthermore, there is an increasing amount of trade transpiring throughout Asia. Much of this trade occurs between ASEAN jurisdictions or between ASEAN countries and jurisdictions such as the United States of America, the so-called BRICS Nations (Brazil, Russia, India, China, and South Africa), or the Greater Asia-Pacific region. Therefore, it is not an overestimate to surmise that the ramifications of the creation of some type of pan-ASEAN visa or similar travel document would, at the least, be a step toward possible further streamlining of tourism and trade in the ASEAN region.

This news comes at a relatively contemporaneous moment with that of news that discussions in Bali may also revolve around recent discussions pertaining to the South China Sea. In order to provide further insight into these developments it may be best to quote directly from the official website of The Mainichi Daily News, Mainichi.jp:

JAKARTA (Kyodo) — The 44th meeting of foreign ministers of the Association of Southeast Asia Nations in Bali next week is expected to bring the regional grouping and China closer step to finalizing of a Code of Conduct in the South China Sea, according to a draft of joint communique of the meeting seen Wednesday. The draft obtained by Kyodo News shows ASEAN and China, one of the group’s dialogue partners, have begun discussion on the Code of Conduct “by building upon the momentum of the 20th anniversary of ASEAN-China dialogue relations” which falls this year…In the same draft, both sides are also expected to repeat the calls on all parties to respect the freedom of navigation in and over-flight above the South China Sea as provided for by the principles of international law…

The reader is again asked to click upon the hyperlinks noted above to read further from this insightful article.

With this news coming upon the heels of a recent trip by the Chairman of the United States Joint Chiefs of Staff to China and the announcement that United States President Barack Obama is scheduled to attend the upcoming meeting in Bali it is not a difficult inference to make the conclusion that discussions at the upcoming meeting could result in substantial economic, political, and legal benefits for all concerned.

Tags: 44th meeting of foreign ministers of the Association of Southeast Asia Nations, AMM, ASEAN, ASEAN jurisdictions, ASEAN ministerial meeting, ASEAN Tourism Association, ASEAN-China dialogue, ASEANTA, Asia-Pacific region, ASsociation of Southeast ASian Nations, BRICS, Brunei Darussalam, Cambodia, Code of Conduct, Code of Conduct in the South China Sea, Foreign Minister Marty Natalegawa, freedom of navigation, freedom of navigation in and over-flight above the South China Sea, Indonesia, international law, joint ASEAN visa system, Laos, Malaysia, Myanmar, over-flight above, Philippines, Schengen visa system, Singapore, single tourism destination, single visa valid for all ten ASEAN countries, South China Sea, Thailand, Vietnam
Posted in ASEAN Business, ASEAN Visa, US Mission ASEAN | No Comments »

It recently came to this blogger’s attention that United States President Barack Obama is apparently set to attend an upcoming ASEAN summit in Bali, Indonesia. In order to provide further information regarding such developments it is necessary to quote directly from the Jakarta Updates website, JakartaUpdates.com:

United States President Barack Obama is scheduled to attend the ASEAN Summit in Bali in September 2011. Obama’s arrival is hoped to bring a positive image for Bali and Indonesia in general in particular after the 2002 Bali bombing. “The arrival of President Obama is hoped to foster the trust of the international community regarding the security aspects of Indonesia and especially Bali’s readiness to hold a world-class event,” said a member of Commission IV DPRD Bali, Tjokorda Raka Kerthyasa, in Denpasar, on Tuesday (12/07/2011). According to Kerthyasa, this visit will have a very positive impact not only great for tourism in Bali, but also for Indonesia. That will mean Indonesian security has been acknowledged and Bali is considered a very special place…

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

This news comes upon the heels of a recent trip by the Chairman of the United States Joint Chiefs of Staff to China. Clearly, both of these developments illustrate the increasing importance of the ASEAN (Association of Southeast Asian Nations) jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) and China. These events are also a testament to the increasing global economic dominance of Asia in general. Hopefully the discussions held at this upcoming summit will result in tangible benefits for the American people and the people of those nations which are members of ASEAN.

In news pertaining to the struggle for LGBT (Lesbian, Gay, Bisexual, and Transgender) Equality it recently came to this blogger’s attention that a highly respected advocacy organization for the cause of LGBT Equality recently submitted a brief to a New York Court in support of the rights of a same sex bi-national couple. To provide further insight it is necessary to quote directly from a press release posted upon the official website of Lambda Legal, LambdaLegal.org:

(New York, July 12, 2011) – Yesterday, Lambda Legal filed an amicus brief in a case involving Cristina Ojeda and Monica Alcota, a married binational lesbian couple from Queens, New York. The friend-of-the-court brief argues that immigration officials are incorrectly relying on an inapplicable case for authority to continue deportation proceedings while the constitutionality of the Defense of Marriage Act (DOMA) is being challenged…In the brief filed yesterday, Lambda Legal argues that USCIS cannot insulate itself from legal and political developments surrounding both DOMA and a 1982 case, Adams v. Howerton. Adams has been superseded by intervening legal and legislative developments including the emergence of jurisdictions where marriage or civil unions of same-sex couples are recognized, and ongoing federal court cases challenging the constitutionality of DOMA. Finally, since the law surrounding DOMA is developing, the brief urges immigration officials to administratively close or postpone all pending immigration matters involving married same-sex couples until DOMA is repealed or declared unconstitutional. Absent DOMA, there is no legal impediment to extending immigration protections to Ms. Alcota and spouses in similarly-situated same-sex couples…

The administration of this web log adamantly encourages those interested to click upon the relevant hyperlinks noted above to read about these developments. As a practical matter, “administrative closure” has been used in the past with respect to the K-3 visa (a United States travel document somewhat akin to the K-1 visa although designed for the foreign spouse of an American Citizen) where the underlying I-130 (the petition form for a CR-1 visa or an IR-1 visa) sees adjudication and arrival at the National Visa Center prior to, or contemporaneously with, the I-129f petition package. Therefore, usage of administrative closing in an immigration context is not altogether unheard of. That said, whether such a mechanism will ultimately be utilized under these circumstances remains to be seen.

As noted previously on this blog, the United States Citizenship and Immigration Service (USCIS) did attempt to place a hold upon deportations involving same sex bi-national couples. However, that hold was apparently rescinded by the Department of Homeland Security (DHS) citing the so-called “Defense of Marriage Act” (DOMA) as a valid reason for such action. Thereafter, it was noted that the Attorney General of the United States, Eric Holder, vacated a finding for deportation in a case before the Board of Immigration Appeals (BIA) involving a couple who had entered into a same sex civil union in the sovereign State of  New Jersey. It was recently noted that United States Bankruptcy Courts appear poised to begin adjudicating bankruptcy petitions from same sex couples. All of these developments have occurred contemporaneously with news that the Judiciary Committee of the United States Senate is preparing to hold hearings regarding the possible repeal of DOMA and the ramifications of adopting legislation such as the Respect for Marriage Act. The Respect for Marriage Act would hopefully provide federal recognition of a same sex marriage legalized and/or solemnized by an American State which permits such unions.

Strictly within the context of American immigration it should be noted that Representative Jerrold Nadler has introduced legislation such as the Uniting American Families Act (UAFA) in order to remedy the current legal discrimination imposed upon the LGBT community. Furthermore, it would appear that Representative Mike Honda‘s Reuniting Families Act includes UAFA-like language which would attempt to correct the current inequities borne by same-sex bi-national couples.

For related information please see: Full Faith and Credit Clause.

Tags: Adams v. Howerton, Administrative Closure, administratively close, amicus brief, ASEAN summit, Bali, Brunei Darussalam, Cambodia, Chairman of the United States Joint Chiefs of Staff, China, civil unions of same-sex couples, Commission IV DPRD Bali, constitutionality of DOMA, constitutionality of the Defense of Marriage Act, Cristina Ojeda, deportation proceedings, friend-of-the-court brief, Indonesia, Laos, Malaysia, marriage of same-sex couples, married binational lesbian couple, married same-sex couples, Monica Alcota, Myanmar, Philippines, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Marriage, Singapore, Thailand, Tjokorda Raka Kerthyasa, United States President Barack Obama, Vietnam
Posted in ASEAN Business, Indonesia Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the Judiciary Committee of the United States Senate is poised to hold a hearing to discuss the repeal of the so-called “Defense of Marriage Act” (DOMA) and a possible replacement piece of legislation referred to as the Respect for Marriage Act. To provide further information on these developments it is necessary to quote directly from the Washington Blade website, WashingtonBlade.com:

The Senate Judiciary Committee has announced that an anticipated hearing on legislative repeal of the Defense of Marriage Act has been set for July 20. According to a notice, the hearing on DOMA repeal legislation, also known as the Respect for Marriage Act, will take place July 20 at 10 a.m. in Room 226 the Dirksen Senate Office Building. Witnesses who will testify will be announced in the coming days. Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, is co-sponsor of the legislation that would repeal DOMA, which prohibits the federal government from recognizing same-sex marriages. In the Senate, the legislation is sponsored by Sen. Dianne Feinstein (D-Calif.)…

The administration of this web log asks readers to click upon the relevant hyperlinks noted above in order to read this article in detail.

In the context of American immigration the provisions of the so-called “Defense of Marriage Act” (DOMA) result in a situation where the LGBT community is subject to legal discrimination. For instance, same sex bi-national couples cannot receive the same visa benefits as their different-sex counterparts. Therefore, visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa are not available to those who have a same sex partner or for those couples who have entered into a same sex marriage. This discrimination occurs even where the same sex couple in question has been married in one of the sovereign American States or the District of Columbia where same sex marriages are legalized and/or solemnized. Currently, pending legislation such as the aforementioned Respect for Marriage Act (introduced in the United States House of Representative by Representative Jerrold Nadler, who also introduced the Uniting American Families Act designed to deal specifically with the immigration implications of DOMA) and the Reuniting Families Act (introduced by Representative Mike Honda) would address certain aspects of DOMA. In fact, the Respect for Marriage Act is designed to provide a doctrine of “certainty” whereby those couples married in one of the sovereign American States which recognize such unions can rely upon federal recognition of such unions regardless of their physical location.

In news pertaining to business in China and the United States of America it recently came to this blogger’s attention that China may be poised to import as much as 2 million metric tons of American corn. In order to provide more specifics it is necessary to quote directly from an article written by Tom Polansek and posted to the website of the The Wall Street Journal, WSJ.com:

The U.S. Department of Agriculture raised its estimates for corn exports to China fourfold, another nod to the country’s rising demand in a market under strain. In addition, the amount of the grain used to make ethanol is expected to eclipse its use in animal feed in the U.S. for the first time ever. China is now forecast to import 2 million metric tons of U.S. corn in the next marketing year, which begins on Sept. 1, compared to the previous projection of 500,000 tons…Traders also point to China as the likely buyer behind hundreds of thousands of tons that the USDA lists as going to “unknown destinations.” “The increase in Chinese imports is likely lagging what is really going to happen,” said Joel Karlin, analyst for Western Milling, a producer of animal feed in California. The USDA left its estimates for export to China in the current crop year, which ends Aug. 31, unchanged at 1.5 million metric tons…

This blogger asks readers to click upon the relevant hyperlinks above to read this story in detail.

The United States Department of Agriculture (USDA) is responsible for the regulation of American agricultural matters. This agency routinely publishes information related to the state of the American agricultural sector. It would appear that the rising demand from China for American agricultural products is not set to diminish anytime in the immediate future. The Chinese-American trade relationship is often noted for the fact that China exports a large amount of manufactured goods to America, but it seems as though less attention is paid to the amount of agricultural products which America provides to China. One issue on this blogger’s mind is the impact that the Association of Southeast Asian Nations (ASEAN) might have upon the demand for American agricultural products. As this regional grouping becomes increasingly geopolitically and economically potent it stands to reason that demand for agricultural products from the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) may be on the rise. Hopefully any and all of these developments prove to be a boon to America’s farmers and agricultural community.

For information pertaining to same sex marriage recognition please see: Full Faith and Credit Clause.

For information related to American company registration please see: US Company Registration.

Tags: American States, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, certainty, China, Chinese-American trade, corn exports, corn imports, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Dirksen Senate Office Building, District of Columbia, DOMA, ethanol, Full Faith and Credit Clause, Indonesia, IR-1 Visa, IR1 Visa, Joel Karlin, K-1 Visa, K1 Visa, Laos, legal discrimination, Malaysia, Myanmar, Philippines, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, same sex marriages, Same Sex Partner, Senate Judiciary Committee, Senator Dianne Feinstein, Senator Patrick Leahy, Singapore, Sino-American trade, Thailand, U.S. Department of Agriculture, United States Department of Agriculture, United States of America, US Company Registration, USDA, Vietnam, Western Milling
Posted in American Business, ASEAN Business, China Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the Chairman of the Joint Chiefs of Staff for the American Armed Forces has apparently traveled to China for talks with leaders in that nation. In order to provide some insight into these developments it is best to quote directly from the official Voice of America website, VOANews.com:

Admiral Mike Mullen, chairman of the U.S. Joint Chiefs of Staff, began a four-day visit to China Sunday for talks with top leaders and high-ranking military officials…Mullen said he will discuss stalled nuclear disarmament talks with North Korea, the Taiwan issue, U.S.-China relations, territorial disputes in the South China Sea and other matters. The admiral is in China at the invitation of Army Chief of the General Staff Chen Bingde…

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

It would appear as though American personnel and Chinese officials are undertaking efforts to discuss sensitive and significant issues which pertain to China, the United States, and possibly the Greater Asia-Pacific region. The ramifications of such discussions could have an impact not only upon US and Chinese policy, but also upon the policies adopted by the member nations of the Association of Southeast Asian Nations (ASEAN, which includes Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), the so-called BRICS nations (Brazil, Russia, India, China, and South Africa), or APEC (Asia-Pacific Economic Cooperation) members. Hopefully the meetings noted above will result in benefits for all concerned.

In matters pertaining to ASEAN it would appear as though that organization will be holding discussions with the Gulf Co-operation Council (GCC) in order to share ideas regarding a framework for cooperation. To provide detailed information to the reader it is best to quote directly from the Oman Daily Observer website OmanObserver.om:

SALALAH — The Sultanate will host today deliberations of the first meeting of the working team of economic and trade co-operation between the Gulf Co-operation Council (GCC) and Asean states at the level of experts and specialists. The two-day meeting, which will be held here, will discuss a framework agreement for the economic, commercial and investment co-operation, steps to start free trade negotiations between the two sides after the completion of studies and means of exploring investment opportunities on each other’s sides in the fields of construction, services and infrastructure…

This blogger asks readers to click upon the hyperlinks noted above to read about this situation further.

Anytime trade negotiations commence it should be noted that well-drafted trade agreements can have a dramatic and positive impact upon the economies in the jurisdictions which engage in such frameworks. That stated, a well drafted free trade agreement takes time to craft and often comes about only after a relatively protracted period of negotiation. Therefore, those interested in seeing positive developments which further sustainable trade are likely to wait while an acceptable agreement is forged. In a previous posting on this blog it was noted that an American Senator recently proposed a US-ASEAN Free Trade Agreement (FTA) in order to facilitate further trade between the United States of America and the collection of nations which compose the membership of ASEAN. Hopefully all of these proposals culminate in beneficial trade circumstances in the future.

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

Tags: Admiral Mike Mullen, APEC, ASEAN, Asia Pacific Economic Cooperation, ASsociation of Southeast ASian Nations, Brazil, BRICS, Brunei Darussalam, Cambodia, chairman of the U.S. Joint Chiefs of Staff, China, Chinese Army Chief of the General Staff Chen Bingde, GCC, Gulf Co-operation Council, India, Indonesia, Laos, Malaysia, Myanmar, North Korea, nuclear disarmament talks, Philippines, Russia, Singapore, South Africa, South China Sea, Taiwan, Thailand, U.S.-China relations, US-ASEAN Free Trade Agreement, US-ASEAN FTA, Vietnam
Posted in ASEAN Business, China Business, News, Thailand Business | No Comments »

It recently came to this blogger’s attention that the United States Bankruptcy Courts may soon be hearing cases involving bankruptcy petitions for couples who have entered into a same sex marriage. In order to provide further insight it is prudent to quote directly from the official website of the Reuters News Service, Reuters.com:

The U.S. Justice Department has dropped its opposition to joint bankruptcy petitions filed by same-sex married couples in a victory for supporters of gay marriage. The policy change is the latest setback for the 1996 Defense of Marriage Act (DOMA), which has come under increasing pressure since the Obama administration said in February that it would no longer defend its constitutionality. Until now, the Justice Department had routinely intervened to stop joint bankruptcy cases filed by same-sex couples. The Department’s position had been that the bankruptcy code only allows joint filings by opposite-sex spouses as defined under the federal Defense of Marriage Act, which bars federal recognition of same-sex marriage. In an unexpected turnabout, the department on Wednesday filed a request to withdraw its appeal in one such case. Justice Department spokeswoman Tracy Schmaler confirmed the policy change in an e-mail to Reuters on Thursday. “The Department of Justice has informed bankruptcy courts that it will no longer seek dismissal of bankruptcy petitions filed jointly by same-sex debtors who are married under state law,” she wrote…

The administration of this web log encourages readers to click upon the relevant hyperlinks above to read this interesting article by Terry Baynes which was edited by Cynthia Johnston.

Although the main thrust of this blog is not centered upon the discussion of federal bankruptcy issues, this change in policy to recognize those same sex couples married under State law is certainly a victory for advocates of LGBT Equality. Concurrently, it is also a victory for proponents of States’ Rights, a doctrine which holds many of the prerogatives and laws of the States in high regard relative to those of the federal government of the United States of America. Meanwhile, advocates for full LGBT Equality must continue to wait for full legal recognition of equal rights until such time as the so-called “Defense of Marriage Act” (DOMA) is either repealed, replaced with legislation similar to the Respect for Marriage Act, or amended in such a way that true equality under the law is granted for the individuals involved while the prerogatives of the sovereign American States are respected. Something perhaps akin to the doctrine of “certainty” enshrined in the provisions of the Respect for Marriage Act noted above.

In an American immigration context, it should be noted that members of the LGBT community cannot be granted the same visa benefits in the same manner as other communities since same sex bi-national couples are not able to obtain travel documents such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same way as their different-sex counterparts. Therefore until such time as DOMA is repealed this situation is unlikely to change. In the event that legislation such as the Respect for Marriage Act, the Reuniting Families Act, or the Uniting American Families Act (UAFA) is enacted by the Congress and signed into law by the President then a same sex bi-national couple may be able to petition for US immigration benefits for their spouse or fiance. As of the time of this writing, such a scenario is not yet feasible.

In news related to China and the Association of Southeast Asian Nations (ASEAN) it recently came to this blogger’s attention that tensions appear to be subsiding with respect to the various issues surrounding the South China Sea. This assessment is made based upon apparent announcements from the Philippine Foreign Affairs Secretary Albert F. del Rosario.  To provide more information it is necessary to quote directly from the website of Business World Online, BWorldOnline.com:

BEIJING –FOREIGN AFFAIRS Secretary Albert F. del Rosario on Friday said he and ranking Chinese officials agreed to settle the territorial dispute in the South China Sea through guidelines agreed upon by China and the Association of Southeast Asian Nations (ASEAN) almost a decade ago.Mr. Del Rosario, who talked to foreign journalists at the St. Regis Hotel near the Philippine embassy, said “yes” when asked if his two-day visit was a success, adding that both side have renewed their commitment to bring stability in the area amid recent tensions. “The two sides reaffirmed their commitments to respect and abide by the Declaration on the Conduct of Parties in the South China Sea signed by China and the ASEAN member countries in 2002,” Mr. del Rosario said, referring to his meeting with Chinese Vice-President Xi Jinping and Foreign Minister Yang Jiechi. “Both ministers agreed to further strengthen the bonds and friendship and cooperation between the two countries and to fully implement the Joint Action Plan,” he added. “Both ministers exchanged views on the maritime disputes and agreed not to let the maritime disputes affect the broader picture of friendship and cooperation between the two countries,” Mr. del Rosario further said…The South China Sea, which hosts the oil-rich Spratly Islands, has been claimed in part or wholly by Brunei Darrusalam, China, Malaysia, the Philippines, Taiwan and Vietnam. In a conference in Manila late this week, foreign policy experts called for a binding agreement among Spratly claimants to resolve conflicting positions…[sic]

This blogger asks readers to click upon the relevant hyperlinks noted above to read this insightful article by Darwin T. Wee.

As can be gathered from the excerpt noted above, there have been many geopolitical facets to the South China Sea dispute, but one notable aspect of this developing situation is that the parties have a seemingly genuine desire to deal with the matter reasonably and and peacefully. Hopefully this attitude will continue and these issues can be resolved to the benefit of all concerned.

At the time of this writing, China continues to show signs of increasing economic and political strength. These developments come amidst news that Malaysia has maintained trade discussions with various African and Islamic nations while simultaneously playing a role within ASEAN. At the same time, circumstances in the so-called BRICS countries (Brazil, Russia, India, China, and South Africa) have lead many to believe that all of these jurisdiction will show further economic flourish in the future. Vietnam and Taiwan are dealing with rather new issues as they find themselves confronting the rest of the world on somewhat different terms compared to times past. These developments have both positive and negative ramifications for these jurisdictions, but the overall economic and political forecasts for all of these places appears bright.

As the aforementioned dispute appears to be moving toward a resolution it is hoped that further disputes can be handled using some sort of framework which provides efficiency in adjudicating issues while simultaneously operating on terms which all parties concerned can agree upon.

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For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN, ASsociation of Southeast ASian Nations, bankruptcy courts, Brunei Darrusalam, China, Chinese Foreign Minister Yang Jiechi, Chinese Vice-President Xi Jinping, constitutionality, CR-1 Visa, CR1 Visa, Declaration on the Conduct of Parties in the South China Sea, Defense of Marriage Act, dismissal of bankruptcy petitions filed jointly by same-sex debtors, DOMA, gay marriage, IR-1 Visa, IR1 Visa, Joint Action Plan, Justice Department spokeswoman Tracy Schmaler, K-1 Visa, K1 Visa, LGBT community, lgbt immigration, lgbt visa, LGBT Wedding, Malaysia, maritime disputes, married under state law, Obama Administration, opposite-sex spouses, Philippine Foreign Affairs Secretary Albert F. del Rosario, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Immigration, Same Sex Marriage, same sex visa, Same Sex Wedding, same-sex married couples, South China Sea, Spratly Islands, States' Rights, Taiwan, the Philippines, U.S. Justice Department, uafa, Uniting American Families Act, Vietnam
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It recently came to this bloggers attention that important events may be transpiring with respect to China. In order to shed light upon these developments it may be best to quote directly from a recent business brief posted on the official website of the Taipei Times, TaipeiTimes.com:

China alters foreign cargo law. China will ban foreign companies, organizations and individuals from irregular-scheduled cargo sea transportation from Jan 1 next year, the Ministry of Transport said in a statement on its Web site on Wednesday.

The administration of this blog encourages readers to click upon the relevant hyperlinks noted above to gain further insight and up to date business news pertaining to China as well as Taiwan.

This news could have implications not only for businesses headquartered in Taiwan, but also for businesses in the United States of America and the Association of Southeast Asian Nations (ASEAN) as well. When countries change rules regarding cargo shipments there could be dramatic ramifications economically, financially, and geopolitically. Hopefully the news above will not have an adverse impact upon actors conducting trade at this time or in the future.

In somewhat related news it was noted that a there may be a Chinese Deputy Managing Director at the International Monetary Fund (IMF). To further enlighten this audience it may be prudent to quote directly from the official website of the China Post, ChinaPost.com.tw:

WASHINGTON — China is close to clinching a top-level post at the International Monetary Fund, IMF sources said on Wednesday after the Fund’s new chief pledged to give more power to emerging economies. They said Min Zhu, a Chinese national who was a special adviser to former IMF Managing Director Dominique Strauss-Kahn, was expected to fill a new deputy managing director post to be created by the Fund’s new chief, Christine Lagarde. “Min Zhu is expected to be named to deputy managing director,” an IMF board member told Reuters. The appointment, which would give China one of the top five management jobs at the Fund, would first need the approval of the 24-member IMF board of member countries…

This blogger asks readers to click upon the relevant hyperlinks noted above to learn more on this unfolding situation.

Matters pertaining to the IMF are generally considered newsworthy for the business community around the globe as policymakers at that institution can have an impact upon the international economy. Although it remains to be seen whether Min Zhu will ultimately be named to the aforementioned position these developments are certainly noteworthy. Frequent readers of this blog may have taken notice of the fact that in a previous posting on this blog the possibility of a non-Western Deputy Director was discussed even though at that time it was less certain where the prospective Deputy Director would hail from. Since the United States and virtually all of the ASEAN nations currently maintain some sort of trade relationship with China these developments may prove important from multiple perspectives.

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For information pertaining to legal services in Southeast Asia please see: Legal.

Tags: ASEAN, ASsociation of Southeast ASian Nations, China Business News, China News, Chinese Deputy Managing Director, Chinese Ministry of Transport, Christine Lagarde, customs law, foreign cargo law, former IMF Managing Director Dominique Strauss-Kahn, IMF board of member countries, international law, International Monetary Fund, irregular-scheduled cargo sea transportation, Min Zhu, Top 5 Management Jobs At IMF, trade law, United States of America, US, USA
Posted in ASEAN Business, China Business | No Comments »

Inflation can be concerning for countries around the globe. In that vein, it recently came to this blogger’s attention that officials in China have apparently decided to raise an important interest rate. For further insight it is necessary to quote directly from the official website of USA Today, USAToday.com:

BEIJING — China raised a key interest rate Wednesday for a third time this year as it tries to cool surging inflation. The benchmark rate for one-year loans will be raised 0.25 percentage points to 6.56%, effective Thursday, the central bank announced. The rate paid on deposits will rise a similar margin to 3.5%. Inflation hit a 34-month high of 5.5% in May and is believed to have risen in June even as an overheated economy cools gradually under the pressure of investment curbs and other controls…

The administration of this blog asks readers to click upon the appropriate hyperlink noted above in order to read this insightful article in full.

In recent months it would seem as though China has had some difficulty controlling inflation. It would appear that the decision noted above has been made in an attempt to reign in rising inflation. In a previous posting on this blog it was noted that economic officials in the Southeast Asian nations of Laos and Cambodia have commented upon the likelihood that inflation would increase in those countries moving forward. Clearly, there exists an overall trend of inflation around the globe, but it remains to be seen whether governmental efforts will be successful in mitigating the ramifications of this economic force.

In related economic news, it appears that officials of the Association of Southeast Asian Nations (ASEAN) are poised to meet with business leaders from the nation of Japan. To shed light upon these unfolding events it may be prudent to quote directly from Yahoo News Singapore at Yahoo.com:

KUALA LUMPUR, July 5 (Bernama) — The Federation of Japanese Chambers of Commerce and Industry in ASEAN (FJCCIA) will hold its fourth annual dialogue with the Secretary-General of ASEAN Secretariat, Dr Surin Pitsuwan, here on Friday. During the dialogue, they will exchange views on tackling business issues associated with Asean”s on-going economic integration, said Takehide Teranishi…

This blogger encourages readers to click upon the relevant hyperlinks noted above to read about this situation in detail.

In a previous posting on this blog it was noted that the ASEAN community had sent a goodwill mission to Japan in response to events which transpired as a result of the tragic Earthquake in March of this year. As Japan remains a substantial economic force in both an Asian and global context it remains an important trading center. Therefore, other countries such as the United States, those within the ASEAN region (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), and even the so-called BRICS countries (Brazil, Russia, India, China, and South Africa) seek to maintain strong trade relations with Japan. Hopefully economic benefits derived from the discussions noted above will accrue to the economies of all concerned.

For information regarding legal services in Southeast Asia please see: Legal.

Tags: ASEAN, ASEAN Business News, Asian Business News, Asian Economic News, ASsociation of Southeast ASian Nations, Brazil, BRICS, Brunei Darussalam, Cambodia, China, Dr Surin Pitsuwan, Economic News, Federation of Japanese Chambers of Commerce and Industry in ASEAN, India, Indonesia, inflation, key interest rate, Laos, Malaysia, Myanmar, Philippines, Russia, Secretary-General of ASEAN Secretariat, Singapore, South Africa, Takehide Teranishi, Thailand, Vietnam
Posted in ASEAN Business, Cambodia Business, China Business, Laos Business, Malaysia Business, News, Thailand Business | No Comments »