Integrity Legal

I have sworn on the altar of God eternal hostility against every form of tyranny over the mind of man.

–Thomas Jefferson (3rd President of the United States of America, First Secretary of State [Washington Administration])

Gay rights are human rights.

– Secretary of State Hillary Rodham Clinton (Former First Lady of the United States)

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

– 9th Amendment of the United States Constitution, quoted from Wikipedia

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

– 10 Amendment of the United States Constitution, quoted from Wikipedia

It recently came to this blogger’s attention that the Federal Reserve Bank of Richmond located in the sovereign Commonwealth of Virginia has taken political criticism for flying a rainbow flag (traditionally viewed as a flag denoting support for the LGBT community and, for some, their struggle for equal protection under United States law and/or equal recognition of same sex marriage solemnized and/or legalized in one of the sovereign American States, the District of Columbia, or the Federal territories, if applicable). To quote directly from an article by Olympia Meola posted on the official website of the Richmond Times-Dispatch, TimesDispatch.com:

Del. Robert G. Marshall, R-Prince William, is asking the Richmond Federal Reserve Bank to remove the rainbow flag flying below the American flag outside of the building, calling its presence “a serious deficiency of judgment by your organization, one not limited to social issues.” In a letter to Richmond Fed President Jeffrey M. Lacker, Marshall says the homosexual behavior “celebrated” by the bank “undermines the American economy…”

The administration of this web log strongly encourages readers to click upon the relevant hyperlinks noted above to read this story in detail in order to gain further insight into this developing situation.

This blogger must pause this analysis for a moment of personal observation. It is intriguing that Delegate Marshall would seem to be trying to scapegoat some of the blame for recent economic events upon the LGBT, Lesbian, Gay, Bisexual, and Transgender (transsexual, or “third sex“), community. This blogger must retort: how could the LGBT community “undermine” America’s economy? Explain this? Especially since a great deal of economic activity that produces revenue in America comes from married couples trying to make a living, build a home, and start a family. Is it in dispute that marriage and family generate economic benefits for America? If it is not, then the only way the LGBT community could be at fault for some hypothetical economic downturn would seem to arise from the fact that they have not started families (and therefore not generated the concomitant economic activity derived therefrom) due to the fact that they cannot gain the same legal recognition of their relationships in the same way that those in different-sex relationships are able to. This is especially true in the context of same sex bi-national couples as some of these relationships are separated by thousands of miles and jurisdictional boundaries due to the fact that federal enforcement of the so-called “Defense of Marriage Act” (DOMA) does not allow a same sex bi-national couple to petition for the same US visa benefits (such as the CR1 visa or the IR1 Visa, not to mention the K1 visa which is a US fiance visa) in the same manner as a different sex couple. There are currently American federal legislators such as Representative Mike Honda and Representative Jerrold Nadler who have introduced legislation, such as the Reuniting Families Act, the Uniting American Families Act, and the Respect for Marriage Act; which would, to one degree or another, at least end the current discrimination that the bi-national LGBT community faces when trying to reunite with family in the United States of America. Apparently this Federal Reserve Bank was flying this flag pursuant to a request from another organization which appears dedicated to the cause of LGBT equality:

The flag is being flown at the request of PRISM, a Richmond Fed group representing gay, lesbian, bisexual and transgender employees and allies.

This PRISM organization should be commended for their efforts on behalf of the LGBT community, but this blogger must say that he would like to see legislation passed which provides tangible benefits to the LGBT community rather than a gesture from a private corporation which, at least ostensibly, has no role in deciding American policy toward legal recognition of LGBT relationships. Others echoed some of these sentiments, but for what are, in this blogger’s personal opinion, the wrong reasons:

Its presence also prompted mention from Victoria Cobb, president of The Family Foundation in an email release on Wednesday. Although the Federal Reserve is a private entity, it is disappointing to see it participate in this celebration,” she said.

This blogger is always a bit skeptical when a group uses the term “family” when describing themselves as it is usually an indicator that such an organization has its own idea about what the definition of “family” actually is. Concurrently, such organizations are sometimes known to attempt to foist their own paradigm or definition of family upon others who may not necessarily share the same view. Therefore, readers are asked to always conduct their own research on all aspects of such issues in order to form their own well informed opinions.

This blogger must confess that this recent display of support for LGBT equality by the Fed seems a bit disingenuous considering the timing and circumstances. It has recently been reported on some mainstream and alternative media outlets that there are currently worries growing about the state of the American economy. Meanwhile it recently came to this blogger’s attention that the government of China is reported to have diminished their position in United States Treasuries. To quote directly from an article written by Terence P. Jeffrey and posted to the website CNSNews.com:

(CNSNews.com) – China has dropped 97 percent of its holdings in U.S. Treasury bills, decreasing its ownership of the short-term U.S. government securities from a peak of $210.4 billion in May 2009 to $5.69 billion in March 2011, the most recent month reported by the U.S. Treasury. Treasury bills are securities that mature in one year or less that are sold by the U.S. Treasury Department to fund the nation’s debt. Mainland Chinese holdings of U.S. Treasury bills are reported in column 9 of the Treasury report linked here…

Readers are strongly encouraged to click upon the relevant hyperlinks noted above to read this article in full and learn more. This situation is only brought up in the context of this posting to elucidate the fact that the Fed is currently in something of a “pickle”. This news comes upon the heels of recent announcements (noted in a previous posting on this blog) that the USA and China are set to be engaging in cooperative efforts in the context of relations with the Association of Southeast Asian Nations (ASEAN). Clearly, current American relations with China and countries in Southeast Asia are multi-facted and complex so those interested in such topics are encouraged to conduct thorough research before forming opinions on issues associated with American, Chinese, and ASEAN economic policies and relations.

It was recently reported on the website Law.com that the Federal Reserve has come under intense scrutiny from legislators such as Representative Ron Paul for current policies supposedly being maintained by the Fed. To quote directly from an insightful article written by Shannon Green and posted on the website Law.com:

The Congressman criticized the Fed for its reluctance to disclose to the public when banks are unhealthy. Paul said the Fed’s practices of protecting banks’ privacy appears to be at odds with the U.S. Securities and Exchange Commission, which is pushing companies to reveal more information.

Readers are strongly encouraged to click upon the relevant hyperlinks noted above to read this article in full to gain more context.

Whether one agrees or disagrees with positions held by the various members of House of Representatives is not really relevant to the issue of the Fed’s decision to hoist this particular flag at this particular time. Although it is certainly a commendable gesture, this blogger’s response, with all due respect, must be: why so late, and why now? If the Fed is raising the Rainbow flag because they genuinely support LGBT Equality, then great; but if this institution is simply raising this flag because of political expediency or to score some sort of “political points”, then one must ask: why? Hopefully the LGBT community will see their equal rights fully vested soon and this valid grievance will be redressed. In the meantime, this blogger hopes that the American economy will rebound from any relative downturn to find itself more vibrant and dynamic than ever, but some developments take time. For those personally impacted by the current state of affairs: it is hoped that change will come sooner rather than later.

Readers should note that in the context of same sex marriage this blogger feels that fundamentally the issue of LGBT equality is an individual rights issue as the right to enter into a consensual relationship with whomever one wishes is an inalienable natural right reserved to the People notwithstanding the Constitution, but nevertheless enshrined within the provisions of the 9th and 10th Amendments noted above. The implied right of “free association” has also long been held to provide Constitutional protection for Americans wishing to form intimate associations with others. Concurrently, this blogger feels that where sovereign States have heeded the call of their citizenry to provide government licensure of same sex marriages or marital unions, then that licensure acts as an imprimatur of sovereign recognition which, in this blogger’s opinion, cannot be negated by the federal government and must be accorded Full Faith and Credit by sister States within the Union. Those unfamiliar with the Full Faith and Credit Clause should note that Congress can make rules regarding the effect of State law upon other States, but, in this blogger’s opinion, such law cannot be made to render the States’ laws ineffective, which is the current result of the federal government’s application of some, or all, depending upon circumstance; of the provisions of the so-called “Defense of Marriage Act“. This blogger must point out that although same sex couples ought to be able to get Full Faith and Credit for those marriages solemnized and/or legalized in one of the sovereign States of the United States of America, they may not necessarily see States which do not permit same sex marriage in an intrastate context engaging in the legal procedure of divorcing same sex couples as this blogger believes that one must utilize a “horizontal vs. vertical” analysis of the Full Faith and Credit Clause in the context of same sex marriage since there is both an intrastate and interstate component to such an analysis. Such an analysis could, at times, result in a situation where a State Court permits recognition of the fact that a same sex marriage exists in another State jurisdiction, but the Full Faith and Credit Clause’s provisions may not necessarily be interpreted to mean that States should be compelled to grant same sex divorces if the public policy of the State in question does not permit State sanctioned legalization or solemnization of such unions in the first place.

On a side note, this blogger just thought of an interesting hypothetical: could a federal Court with concurrent federal jurisdiction over State territory grant divorces for same sex couples who were married in another State jurisdiction (which allows same sex marriage) if the underlying State’s public policy runs counter to the notion of granting recognition for such unions? It would currently seem that pursuant to the Erie Doctrine the US Courts under such circumstances may be prohibited from undertaking certain functions pertaining to same sex marriages if the underlying State’s law does not recognize such unions. That stated, as of the time of this writing any such analysis remains mere speculation as a broadly binding legal opinion on these issue has yet to be handed down.

Readers interested in learning more about the struggle for LGBT Equality are encouraged to check out UnitingAmericanFamilies.Net, Lez Get Real, and/or the Immigration Equality Action Fund Blog.

For further related information please see: Rainbow Flag or US Company Registration.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Bisexual, Commonwealth of Virginia, companies, CR1 Visa, Defense of Marriage Act, Del. Robert G. Marshall, DOMA, equal protection, Federal Reserve Bank of Richmond, Gay, House of Representatives, IR1 Visa, K1 Visa, Lesbian, LGBT, LGBT community, Mainland Chinese, PRISM, Representative Jerrold Nadler, Representative Mike Honda, Representative Ron Paul, Respect for Marriage Act, Reuniting Families Act, Richmond Fed President Jeffrey M. Lacker, Same Sex Bi-National Couples, Same Sex Marriage, States' Rights, third sex, Transgender, transsexual, U.S. Securities and Exchange Commission, U.S. Treasury bills, U.S. Treasury Department, Uniting American Families Act, US Fiance Visa
Posted in American Business, China Business, Editorial, Opinion, same sex visa, States' Rights, US Business, US Company Registration, US Constitution, US LLC | No Comments »

Over the years this blogger has seen large numbers of tourists flock to the Kingdom of Thailand as well as the neighboring nations of Laos, the Union of Myanmar (referred to by some as Burma), Malaysia, and the Kingdom of Cambodia. At the same time, this blogger has also witnessed the metamorphosis of some of these tourists into entrepreneurs by remaining in some of these countries (as well as other jurisdictions in Greater Asia such as Indonesia, Vietnam, China, Taiwan, Singapore, Hong Kong, South Korea, Nepal, Macau, India, and Sri Lanka; to name only a few) in a business context for many years and; for some, even decades or a whole lifetime. Whatever the circumstances of those Americans Resident Abroad remaining in the region of economies increasingly being labeled by both the mainstream and alternative media outlets by their affiliation with the Association of Southeast Asian Nations (ASEAN) one thing is clear: the economies of Asia are set to expand at an incredible rate by relative historical comparison. Therefore, it stands to reason that there are likely to be more Americans doing business in these jurisdictions. This state of affairs is occurring at a time when the potential of the internet and the World Wide Web first noted little more than a decade ago is beginning to become fully realized by businesses large and small. As e-commerce becomes an evermore ubiquitous facet of virtually every enterprise’s business strategy it is becoming more clear that many business functions are increasingly being performed by businesses of all sizes online and, in some cases, these businesses are even being maintained from an entrepreneur’s home.

This phenomenon is interesting for this blogger to note from the perspective of an American who is resident in Bangkok, Thailand as the Thai shop-house business model of maintaining a residence and business premises within close proximity has lead to a thriving small business community in the vast metropolis that is Greater Bangkok. This thriving business community, coupled with many of the other positive factors associated with doing business in Thailand, has lead to a vibrant economy that remains conducive to further foreign investment by entrepreneurs and businesses seeking to derive economic benefits both in Thailand and throughout the Asian markets. Of possible importance to Americans resident abroad or those thinking of residing abroad are the issues noted above as well as those associated with ownership of Thai property or Thai real estate especially in the form of a Thai Condominium.

In Thailand, as well as throughout many jurisdictions in Asia, there are restrictions placed upon foreign ownership of real estate. Although there are provisions allowing for foreign ownership of Thai property in many cases it is difficult, if not impossible, for a foreign national to secure freehold title (referred to as Chanote title in Thailand) in Thai real property such as land. However, it may be possible for a foreign national in Thailand, such as an American Citizen, to conveniently secure freehold title to a Thai Condo if the provisions of various laws and regulations on this issue, such as the Thai Condominium Act, are adhered to. Meanwhile, a foreign national who owns a Condo in Thailand may be qualified to receive a Foreign House Registration Booklet (referred to as a Tabien Baan for Thais or a Foreign Tabien Baan, or Yellow Tabien Baan for foreign nationals). Taking the aforementioned factors into consideration, in conjunction with the fact that for American Citizens and American Companies in Thailand there may be benefits pursuant to the provisions of various legal instruments such as the US-Thai Treaty of Amity which may provide the privilege of virtually 100% ownership of a Company in Thailand with “National Treatment” for certain business undertakings, one is left with little doubt that there are tangible legal benefits which could be accrued to the favor of Americans resident in Thailand conducting business in the ASEAN region as well as the regions of Greater Asia. Therefore,  investing in what this blogger would refer to as a “Thai Pad” (which non-literally alludes to the IPad-like gadgets allowing for increasingly easy real time access to the internet as well as the exponentially beneficial combination of privileges accruing to owners of Thai property registered on a Yellow Tabien Baan in conjunction with the advantages which may be had for Americans resident abroad utilizing a Thai company certified under the US-Thai Amity Treaty) could prove to have been prudent by future analysts in both tangible as well as intangible terms.

For related information please see: US Company Registration.

Tags: American Resident Abroad, Americans Resident Abroad, Amity Treaty Thailand, ASEAN, ASEAN Business, ASsociation of Southeast ASian Nations, Business in ASEAN, company in Thailand, Condo in Thailand, IPad, Thai Company, Thai Condo, Thai Condominium, Thai Pad, Thai Property, Thai Real Estate, Thailand Business, Thailand Business Law, Thailand company, Thailand Condo, Thailand Condo Law, Thailand Condo Lawyer, Thailand Condominium, Thailand Property, Thailand Property Title, Thailand Real Estate, Thailand Real Estate Title, US Citizen Resident Abroad, US-Thai Treaty of Amity
Posted in American Business, Amity Treaty, ASEAN Business, Cambodia Business, China Business, Ecommerce, Laos Business, Myanmar (Burma) Business, Thailand Business, Thailand company, Thailand Condo, Thailand Property, Thailand Real Estate, Thailand Work Permit, US Business, US Company Registration, US LLC, US Taxes | No Comments »

Those who have been reading this blog with any degree of regularity may have noticed that the economies, polities, and geopolitics of the world are in something of a state flux. This is not to say that this is either a positive or negative thing as such events occur from time to time. Therefore, astute followers of such events must be careful about making rigid predictions about how such matters will play out in the future. That being stated, it has recently come to this blogger’s attention that representatives from the so-called BRICS countries (an acronym denoting Brazil, Russia, India, China, and, now apparently, South Africa) are  having a summit. To quote directly from a concisely written article by Christopher Bodeen, Associated Press, On Wednesday April 13, 2011, 5:37 am EDT as posted on Yahoo.com:

SANYA, China (AP) — The leaders of the world’s largest emerging economies gather this week in southern China for what could be a watershed moment in their quest for a bigger say in the global financial architecture.

Thursday’s summit comes at a crucial moment for the expanded five-member bloc known as the BRICS, which groups Brazil, Russia, India, China, and, for the first time, South Africa.

Chinese President Hu Jintao, Brazilian President Dilma Rousseff, Russian President Dmitry Medvedev, Indian Prime Minister Manmohan Singh and South African President Jacob Zuma will attend.

With the G-20 group of major economies seeking to remake parts of the global financial architecture, it’s time for the BRICS to test whether they can overcome internal differences and act as a bloc pursuing common interests.

The ramifications of this meeting could prove historic as the countries noted above, along with those that comprise the Association of Southeast Asian Nations (ASEAN), appear on track to become increasingly economically dynamic in the forthcoming years.     While reading this article, this blogger was especially impressed by this writer’s insightful analysis of the characteristics of the BRICS countries. To continue quoting directly from the aforementioned article:

The five countries are loosely joined by their common status as major fast-growing economies that have been traditionally underrepresented in world economic bodies, such as the International Monetary Fund and the World Bank.

All broadly support free trade and oppose protectionism, although China in particular has been accused of erecting barriers to foreign competition. In foreign affairs, they tend toward nonintervention and oppose the use of force: Of the five, only South Africa voted in favor of the Libyan no-fly zone.

At the time of this writing, the summit noted above would appear to be geared mainly toward economic matters or matters pertaining to the economic realm, but how increasing ties among these nations could impact affairs playing out in the international political arena remains to be seen.

On a related note, Stock Exchanges in some of the Nations which compose the Association of Southeast Asian Nations (ASEAN), including Thailand, have recently announced collaborations apparently referred to as ASEAN Brand Identity, an ASEAN Exchanges website, and ASEAN Stars. In following up on that story it would appear that the ASEAN Exchanges website is now live, to quote directly from the website AsiaToday.com:

Launched today was the ASEAN Exchanges website (www.aseanexchanges.org) that will feature the ASEAN Stars and other ASEAN centric products and initiatives giving investors an integrated single-window view into the ASEAN capital market; a market that has a combined market capitalisation of approximately USD1.8 trillion and participation of more than 3,000 companies. Some of these companies are the largest and most dynamic companies in the world including leaders in finance and banking, telecommunications, commodities, automotive manufacturing and other industrial sectors.

The administration of this blog highly recommends that readers click upon the hyperlinks above to learn more details about these issues and the various exchanges within the ASEAN region as the whole Southeast Asia area is quickly becoming a vibrant economic force both on a regional and global level.

Meanwhile, it should be noted that the nation of Laos has recently brought a Lao stock exchange online while Cambodia appears poised to take the same steps soon. Even the developing Union of Myanmar (referred to by some as Burma) has signaled interest in the opening of a Myanmar stock exchange. Whether such a development comes to pass remains to be seen. What is clear is that economic relationships are becoming increasingly stratified as economically dictated by the interests of the players in each of the markets of the world. Those interested in such matters are highly encouraged to conduct their own research and come to their own informed conclusions.

For related information please see: US Company Registration or Company in Thailand.

Tags: ASEAN Brand Identity, ASEAN Exchanges, ASEAN Stars, Brazil, Brazilian President Dilma Rousseff, Cambodia Stock Exchange, China, China Business, Chinese President Hu Jintao, company in Thailand, India, India Business, Indian Prime Minister Manmohan Singh, Laos Stock Exchange, Laos Stock Market, Myanmar Stock Exchange, Russia, Russia Business, Russian President Dmitry Medvedev, South Africa, South African President Jacob Zuma, Thailand Business, US Company Registration
Posted in American Business, ASEAN Business, Brazil Business, Cambodia Business, China Business, India Business, Laos Business, Russia Business, South Africa Business, Thailand Business, US Company Registration | No Comments »

In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.

The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:

The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.

The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:

A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.

A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.

Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications  at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:

In 1995, all visa applications are walk-in.  Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown.  Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.

The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.

Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:

USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.

Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.

Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).

Tags: American government shutdown, American Visa Process Government Shutdown, US Consulate shutdown, US Embassy shutdown, US government shutdown, US Visa Process Government Shutdown, USCIS shutdown
Posted in CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, News, Transportation Security Administration (TSA), US Business, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Vladivostok, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Brunei Darussalam, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Kyrgyz Republic (Kyrgyzstan), US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Russia, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Taxes, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

It recently came to this blogger’s attention that many of the Stock Exchanges around the world are in open discussion regarding possible merger. It would appear that many of the companies which operate various bourses around the globe are keen to exploit the efficiencies and opportunities which could arise as a result of multi-jurisdictional trading. This is even true in the case of the United States of America as the New York Stock Exchange (NYSE) could be merged with an exchange in Frankfurt, Germany. The official website of America’s National Public Radio has more information regarding this issue. To quote directly from NPR.org:

The company that operates the New York Stock Exchange could soon be acquired by a European company in a deal that could be announced as soon as next week.

NYSE Euronext, the company that owns the New York Stock Exchange and stock and derivatives markets throughout Europe, has confirmed it’s in advanced talks with Deutsche Boerse, which owns the Frankfurt Stock Exchange. The deal would create the world’s largest financial exchange, with headquarters in both Europe and the U.S.

Those reading this blog are encouraged to go to the posting noted above to read the full story.

It should be noted that the United States is not the only country whose stock market is contemplating merger with that of a foreign jurisdiction. It recently was announced that the Canadian Stock Exchange (TMX) and the London Stock Exchange (LSE) are in talks about entering deals to merge those two securities exchange platforms. The Financial Times has been reporting on this state of affairs over the past several days. It would appear that the initial enthusiasm that erupted from the announcement that the Canadian and London Exchanges may be merging was overshadowed by the more recent announcement regarding the NYSE and the German Bourse. To quote directly from the official website of the Financial Times, FT.com:

The limelight may have rapidly moved to the US and Germany but those behind the merger of the London Stock Exchange and TMX, operator of Canada’s largest bourse, insist it was the right deal to do…

The deal, which will create a company worth more than $5bn (£3.1bn), is intended to create the world’s leading cash equities platform for mining companies, as countries including Brazil, China and Mongolia look to exploit their natural resources.

Those seeking further information on this topic are well advised to visit the Financial Times posting noted above.

This blogger was interested when reading the above cited story because the country of Mongolia would appear interested in having their business interests represented on a British-Canadian exchange rather than an exchange in Asia. Mongolia’s desire to acquire investment capital may have been “trumped” by worries that listing on an exchange in Asia would run counter to the country’s strategic long term geopolitical interests.

It should be noted that the American, Canadian, British, and German stock exchanges are not the only ones which have been discussing possible merger. In fact, the Australian Securities Exchange and the Singapore Stock Exchange have been working out the details of a merger for months. The announcements from the North American, British, and European exchanges regarding possible merger may be a catalyst for the Australian and Singaporean exchanges to conclude their merger discussions more quickly. To quote directly from a posting on the Sydney Morning Herald‘s official website SMH.com.au:

A RUSH of merger proposals among the world’s biggest stock exchanges over the past two days is expected to increase pressure on Canberra to approve Singapore Stock Exchange’s $8.4 billion move on the Australian Securities Exchange.

But with the trans-Atlantic deals designed with an eye to overcoming political concerns, Singapore could be forced to restructure its proposal to give the ASX a greater role in any tie-up.

The administration of this web log encourages readers to visit the posting cited above in order to get the full details of the proposed merger between the Singapore Stock Exchange and the Australia Securities Exchange.

There have been a great many announcements regarding stock exchanges in Southeast Asia. Recently, it was announced that the small Southeast Asian nation of Laos was opening a stock exchange to trade Lao securities. Apparently, the Laos Stock Exchange has been operating smoothly since its opening. Meanwhile, it has also been noted that the Southeast Asian nation of Myanmar (also referred to by its former name, Burma) is contemplating the establishment of a Burmese Stock Exchange. However, it remains to be seen whether or not this idea will actually come to fruition as Myanmar remains the subject of sanctions and there are many who believe that the country must deal with humanitarian issues prior to undertaking economic programs such as the establishment of a Burmese Bourse. In fact, there are some who argue that so long as Western sanctions remain imposed against Burma that it will be unlikely that an exchange will be opened in that country. That said, anything could happen and the actual establishment of a Burmese stock exchange remains to be seen.

More concrete plans for the opening of a stock exchange appear to be taking shape in the Southeast Asian nation of Cambodia as further steps have been taken toward the proposed opening of a Cambodian Securities Exchange in mid-2011. The following was quoted directly from the official website of the Phnom Penh Post, PhnomPenhPost.com:

PHNOM Penh Securities opened its doors yesterday, becoming the third of seven approved underwriters to open ahead of the planned launch of the Cambodian stock exchange later this year.

Chairman of the firm, Kay Vat, said a key focus of the business would be guiding foreign firms planning to invest in the Kingdom’s listed companies.

Those wishing to learn more about the proposed Cambodian Stock Exchange are well advised to visit the Phnom Penh Post website noted above.

In other postings on this blog it was noted that the Cambodian Exchange is set to commence trading on or around June of this year. At present, there does not appear to be any talk of a merger between the Thai Stock Exchange (often referred to as the SET) and that of any other nation. Furthermore, Chinese officials do not seem particularly predisposed to any type of multi-jurisdictional merger between those exchanges operating in China and those operating in other countries. However, those following this issue should resist the urge to completely rule out such a possibility, but it seems unlikely in the near future as Thai and Chinese officials do not seem poised to make such an announcement.

Stock Exchanges remain an effective tool for countries wishing to attract foreign capital as many foreign investors enjoy the transparency and greater efficiency that comes from trading on an open exchange. That said, the impact from the  “ripple effect” that may result from the merger of the Canadian, American, British, and German Exchanges remain to be seen as the effect of such mergers could reverberate in the economies that make up the Association of Southeast Asian Nations (ASEAN).

American individuals or American companies conducting business abroad should note the fact that all Americans (both natural persons and corporate entities) are required to adhere to the provisions of the United States Foreign Corrupt Practices Act (FCPA). The Foreign Corrupt Practices Act (FCPA) is a piece of legislation which attempts to regulate the activity of Americans abroad in a business context. The act is designed to decrease the incidents of graft and corruption perpetrated by Americans doing business abroad. American businesses and individuals investing or doing business abroad may find the assistance of an attorney useful when attempting to comply with the FCPA in an international context.

For related information please see: Thailand Company or US Company Registration.

Tags: ASEAN, ASsociation of Southeast ASian Nations, ASX, Australian Securities Exchange, Bourse News, Cambodian stock exchange, Canadian Stock Exchange, Deutsche Boerse, German Stock Exchange, Global Bourse News, Global Stock Exchange News, London Stock Exchnage, LSE, New York Stock Exchange, NYSE Euronext, SGX, Singapore Stock Exchange, Stock Exchnage News, TMX, World Bourse News, World Stock Exchange News
Posted in Cambodia Business, China Business, Foreign Corrupt Practices Act (FCPA), Laos Business, Myanmar (Burma) Business, Thailand Business, US Business | 1 Comment »

The administration of this blog recently noticed an article from the Reuters news agency in which the Chief Executive Officer of General Electric was commenting upon the economic situation in China and how this impacts the relationship between the United States of America and Peoples’ Republic of China in both the economic and political spheres. To quote directly from the Reuters News Service:

(Reuters) – For Jeff Immelt, the CEO of General Electric (GE.N), the 130 year-old American industrial behemoth, the financial crisis marked the end of the age of America’s economic dominance.

This blogger has noticed that there seems to be a level of pessimism regarding the American economy. Although it is currently going through economic turbulence, and has been for a while, the US economy, in this blogger’s opinion; remains one of best countries in the world for trade and economic activity. Those doing business in the USA may enjoy the benefits that come from the American financial, economic, and physical infrastructure. Hopefully, the optimism for which America has, in the past, been noted for will return once the economy returns to an “even keel”. Reuters continues:

But Mr. Immelt said the future will be different. For the next 25 years, he said, the American consumer “is not going to be the engine of global growth. It is going to be the billion people joining the middle class in Asia, it is going to be what the resource-rich countries do with their newfound wealth of high oil prices. That’s the game.”

A lot of that game will be played in China. At a moment when it is compulsory on the American right to pay homage to the exceptionalism of the United States, Mr. Immelt, a lifelong Republican, is matter-of-fact about China’s inevitable rise.

The interesting piece of information that this blogger noted in the aforementioned article was the fact that the G.E. CEO took notice of the fact that the middle class is growing rapidly in Asia. The thought of an Asian middle class numbering 1 billion or more is truly staggering when one takes into account the economic impact of such growth. As Asians in general become more affluent the side effects will likely be increased trade and economic activity as these newly minted members of the middle class use their new found wealth to make purchases of property, goods, and services (in Asia, the EU, UK, and the United States). The most poignant line of this Reuters article, in this blogger’s opinion was:

“It is going to be the biggest economy in the world,” Mr. Immelt said of China. “The only question is when.”

There is little doubt that China has an incredible capacity for growth and those looking international investment or business opportunities are well advised to research the Chinese market. That said, China does not represent the only country in Asia which has economic opportunities that are becoming more readily available to investors and entrepreneurs due to globalization. The Kingdom of Thailand, a member of the Association of Southeast Asian Nations (ASEAN), has investment opportunities in the form of Thai Property, Thai Real Estate, and Thai businesses. Furthermore, for Americans conducting business in Thailand can prove profitable especially since the US-Thai Treaty of Amity allows Americans to own virtually 100% of a Thai Company with Amity Treaty certification (sometimes referred to as an Amity Company).

Meanwhile, the landlocked country of Laos recently opened a Lao Securities Exchange in an effort to raise capital through equity investment. The Kingdom of Cambodia recently announced that a Cambodian Stock Exchange is to be unveiled in mid-2011 while recent reports have noted that Burmese officials hope to be in the process of creating a Myanmar Stock Exchange as well. Such developments remain to be fully realized, but such examples clearly indicate that Mainland China is not the only “game in town” when it comes to investment opportunities and economic growth in Asia.

For related information please see: US Company Registration.

Tags: American Amity Treaty, American Amity Treaty Thailand, Amity Company, Amity Treaty Company, Burma Stock Exchange, Cambodia Business, Cambodia Securities Exchange, Cambodia Stock Exchange, China Business, China Economic Growth, G.E. CEO, General Electric, Jeff Immelt, Lao Securities Exchange, Lao Stock Exchange, Laos Business, Myanmar Securities Exchange, Myanmar Stock Exchange, Thai Company, Thailand Business, Thailand company, US Amity Treaty Thailand, US-Thai Treaty of Amity
Posted in Amity Treaty, Cambodia Business, China Business, Laos Business, Myanmar (Burma) Business, News, Opinion, Thailand Business, Thailand company, Thailand Property, Thailand Real Estate, US Business, US Company Registration | 1 Comment »

เมื่อเร็วๆนี้ มีเรื่องราวที่น่าสนใจว่า คณะกรรมการกำกับหลักทรัพย์ในสหรัฐอเมริการายงานถึงการสอบสวนการฝ่าฝืนพระราชบัญญัติการปฏิบัติการทุจริตต่อต่างชาติ อ้างโดยตรงจากบล็อกที่เขียนโดย แอชบรีย์ โจนส์ในเว็บไซต์ของนิตยสารวอลล์ สตรีท wsj.com

คณะกรรมการกำกับหลักทรัพย์กำลังสอบสวนธนาคารและภาคเอกชนที่กำลังฝ่าฝืนกฎหมายเกี่ยวกับสินบนในการจัดการกับกองทุนเพื่อความมั่งคั่งตามที่ประชาชนคุ้นเคยกันเป็นอย่างดี คลิกที่นี่เพื่อดูบทความที่ไดออนเน่ เซียร์ซี่และแลนเดลล์เขียนในWSJ และคลิกที่นี่เพื่อตขิดตามเรื่องราวของ NYT และคลิกที่นี่เพื่อติดตามเรื่องราวของบลูมเบิร์ก

ตามที่ WSJ และคณะกรรมการกำกับหลักทรัพย์SEC ส่งจดหมายถามข้อสงสัยต่อธนาคารเช่น ซิตี้กรุ๊ปและภาคเอกชน  เช่นแบล็กสโตนกรุ๊ป แม้ว่าในจดหมายไม่ได้ระบุถึงข้อกล่าวหาในเรื่องสินบน พวกเขายังคงเรียกร้องที่จะให้บริษัทเก็บรักษาเอกสารและถามถึงการจัดการบริษัทกับกองทุนเพื่อความมั่งคั่ง

ผู้ที่ไม่คุ้นเคยกับ FCPA ควรจะทราบไว้ว่า มีบทบัญญัติตามกฎหมายเบื้องต้นที่จะจัดการกับสินบนและการคอร์รัปชั่นของเจ้าหน้าที่ต่างประเทศ ชาวอเมริกันบางคนนั้นอยู่ภายใต้ความผิดพลาดของบริษัทและบุคคลที่ดำเนินการนอกเขตแดนสหรัฐอเมริกาและมีสิทธิที่เกี่ยวข้องกับสินบน ในความเป็นจริงแล้ว มีกรณีศึกษาที่ สหรัฐอเมริกาพยายามที่จะร่างกฎหมายเพื่อทำลายและลงโทษการกระทำเช่นว่านั้น เมื่อกฎหมายผ่านการพิจารณานั้นปรากฎถึงวัตถุประสงค์อย่างชัดแจ้งที่จะลงโทษการกระทำเช่นนี้ในต่างประเทศ (หรือบริษัทที่ทำธุรกิจในต่างประเทศ) อย่างไรก็ตามจากสถานการณ์ที่กล่าวถึงดูเหมือนว่า จะถูกแนะนำภายใต้การสอบสวน(อย่างน้อยที่สุดคือ บางส่วน)ภายในเขตแดนของสหรัฐอเมริกา อ้างจากข้อความในบล็อกที่เขียนใน wsj.com

จดหมายที่จะผูกพันการสอบสวนของอุตสาหกรรมการธนาคารตามพระราชบัญญัติการปฏิบัติคอร์รัปชั่นของชาวต่างชาติ ทนายความที่เชี่ยวชาญกับการสอบสวนครั้งก่อนๆของอุตสาหกรรม ลูกจ้างชาวต่างชาติผู้ที่ทำงานกับกองทุนเพื่อความมั่งคั่งอาจจะรวมถึงเจ้าหน้าที่ของรัฐและรวมถึง FCPA ผู้เชี่ยวชาญทางกฎหมายกล่าว

แต่มันเป็นที่ปรากฏอย่างชัดเจนว่า ไม่มีผู้ที่จะถูกกล่าวหาอย่างเป็นทางการในข้อหาใดๆต่อ FCPA นอกจากนี้มันควรจะเป็นที่ปรากฏอย่างชัดแจ้งว่า จนกระทั่งเวลานั้น คู่กรณีมักให้การ หรือถูกกล่าวหาว่าการละเมิดของ FCPAในสายตาของกฎหมายพวกเขาเป็นผู้บริสุทธิ์

พระราชบัญญัติการคอรรัปชั่นของชาวต่างชาติเป็นงานชิ้นสำคัญของการร่างกฎหมายของชาวอเมริกันและบริษัทอเมริกัน ตามบทบัญญัติของFCPA ช่าวอเมริกันแต่ละคนและนิติบุคคลอื่นนั้นไม่อยู่ในการเกี่ยวข้องกับการกระทำเกี่ยวกับสินบนหรือสิทธิอื่นๆหรือ การคอร์รัปชั่น คำร้องของFCPA ต้องได้รับการพิจารณาตามข้อเท็จจริงในแต่ละคดี ดังนั้นหลักการปฏิบัติทางธุรกิจต่างประเทศอาจจะเห็นได้จากความเห็นของผู้เชี่ยวชาญที่มีประสบการณ์ในการจัดการเกี่ยวกับคดีเกี่ยวกับธุรกิจและกฎหมายในเขตอำนาจศาลนอกสหรัฐอเมริกาสามารถให้สิทธิประโยชน์โดยการให้มุมมองที่มีลักษณะเฉพาะและแง่มุมในแบบพิธีการและขั้นตอนขององค์กรรัฐบาลและเจ้าหน้าที่ต่างแดนในขณะที่ยังคงรักษาความเข้าใจของทนายความอเมริกันของ FCPA

ตัวอย่างเช่น ราชอาณาจักรไทยมีระบบกฎหมายที่แตกต่างจากสหรัฐอเมริกา ในขณะเดียวกัน แวดวงธุรกิจในประเทศไทยนั้นก็แตกต่างไปจากสหรัฐอเมริกา ข้อเท็จจริงคือ พลเมืองสหรัฐอเมริกาและบริษัทอเมริกัน มีความพยายามที่จะดำเนินธุรกิจซึ่งทีแนวความคิดของการจัดการธุรกิจอย่างมีประสิทธิภาพในขณะเดียวกันก็ยังคงเป็นไปตามกฎหมายอย่างเช่น พระราชบัญญัติการปฏิบัติคอร์รัปชั่นของชาวต่างชาติ เช่นเดียวกันกับระบบกฎหมาย วัฒนธรรม ประเพณี และการปฏิบัติทางการค้าของหลายๆชาติในเอเชียสามารถที่จะพิสูจน์ข้อสงสัยหลายๆอย่างของผู้ที่จะดำเนินธุรกิจในบริบทของการเป็นแบบ “ตะวันตก” มากกว่า ข้อเท็จจริงคือ FCPA เป็นการร่างกฎหมายที่เข้มข้นกับบริษัทอเมริกันและบุคคลที่จะต้องปฏิบัติตาม ในบางกรณี การที่จะให้บริการทางกฎหมายในการช่วยเหลือให้ความเข้าใจFCPA และวิธีการที่จะประนีประนอมสามารถพิสูจน์ถึงสิทธิประโยชน์ทั้งบุคคลตามธรรมชาติและนิติบุคคล

ผู้ที่หวังว่า ข้อซักถามก่อนหน้านี้สามารถที่จะพิสูจน์สิ่งที่ไร้ประโยชน์ เนื่องจากข้อเท็จจริงต่างๆไม่ได้มีการละเมิดเกิดขึ้น สิ่งที่พึงระลึกถึงคือ ถ้ามีการละเมิด FCPA เกิดขึ้นต่อจากนั้นดูเหมือนว่า มีแนวโน้มที่จะมีองค์กรเช่นคณะกรรมการกำกับตลาดหลักทรัพย์สามารถที่จะเปิดเผยข้อเท็จจริง

ข้อมูลที่เกี่ยวข้องกับ บริษัทไทย หรือ การจัดตั้งบริษัทอเมริกัน

To read this information in English please see: Foreign Corrupt Practices Act.

Tags: FCPA, FCPA Thailand, Foreign Corrupt Practices Act, กฎระเบียบการทุจริตของอเมริกัน, กฎหมายการเงินอเมริกัน, กฎหมายจัดตั้งบริษัทอเมริกัน, กฎหมายทุจริตของอเมริกา, กฎหมายธุรกิจอเมริกัน, กฎหมายบริษัทอเมริกัน, กฎหมายสินบนอเมริกัน, กฎหมายหลักทรัพย์อเมริกา, ธุรกิจในประเทศไทย, พระราชบัญญัติการกระทำต่อการทุจริตต่างชาติ, สินบน
Posted in Foreign Corrupt Practices Act (FCPA), Thailand Business, US Business, US Citizenship, US Company Registration, US LLC, บริษัทอเมริกัน | No Comments »

It recently came to the administration’s attention that the Securities and Exchange Commission (SEC) in the United States is reportedly investigating possible violations of the Foreign Corrupt Practices Act (FCPA). To quote directly from a recent blog entry written by Ashby Jones on the Wall Street Journal‘s website wsj.com:

The Securities and Exchange Commission is investigating whether banks and private-equity firms violated bribery laws in their dealings with sovereign-wealth funds, according to people familiar with the matter. Click here for Dionne Searcey and Randall Smith’s article in today’s WSJ; click here for the NYT story; here for the Bloomberg story.

According to the WSJ, the SEC has sent letters of inquiry to banks such as Citigroup as well as private-equity firms including Blackstone Group, the people said. Though the letters didn’t contain specific allegations of bribery, they requested that firms retain documents and asked about the firms’ dealings with sovereign-wealth funds, the people said.

Those who are unfamiliar with the FCPA should note that the provisions of the law deal primarily with matters pertaining to bribery and corruption of foreign officials. Some Americans are under the mistaken impression that companies and individuals operating outside of the United States’ physical boundaries are entitled to engage in activity which amounts to bribery. In fact, this is simply not the case as the United States has a great deal of legislation in place as an attempt to discourage and punish such activity. When the legislation was passed it would appear that the intention was to criminalize activity by those physically abroad (or companies doing business abroad). However, the circumstances in the above cited matters would seem to suggest that those under investigation were operating (at least partially) within the geographical boundaries of the United States. To quote the aforementioned blog posting on wsj.com further:

The letters appear to be tied to a broad Foreign Corrupt Practices Act investigation of the banking industry, said attorneys who are familiar with past FCPA investigations of other industries. Foreign employees who work on sovereign-wealth funds would be considered government officials and covered by the FCPA, legal experts said.

As of yet, it would appear as though no one noted above has been formally charged in any matter pertaining to the FCPA. Furthermore, it should be noted that until such time as a party has made a pleading or been convicted of a violation of the FCPA they are, in the eyes of the law, innocent.

The Foreign Corrupt Practices Act is an important piece of legislation for Americans and American companies. Pursuant to the provisions of the FCPA, American individuals and corporate entities are precluded from engaging in acts of bribery or, as the title of the act itself suggests, corrupt practices. That said, application of the FCPA must take into consideration the factual circumstances in a given case. Therefore, those conducting business abroad may find that the opinion of American legal experts experienced at handling legal and business matters in jurisdictions outside of the USA can be beneficial by providing unique insight and perspective into the customs and procedures of governmental organizations and officers abroad while maintaining an American attorney’s understanding of the FCPA.

For example, the Kingdom of Thailand has a very different legal system compared to that of the United States. Meanwhile, the business community in Thailand is also dissimilar from that of the USA. An upshot of these facts is that American Citizens and US Companies attempting to conduct business in Thailand may have little idea of how to effectively operate while still complying with laws such as the Foreign Corrupt Practices Act.  The same can be said for many of the nations of Asia as the legal systems, cultural traditions, customs, and trade practices of some countries can prove bewildering to those who are accustomed to conducting business in a more “Western” context. The fact is: the FCPA is a serious piece of legislation with which American companies and individuals must maintain compliance. In some cases, retaining the services of legal counsel to assist in understanding the FCPA and methods of maintaining compliance can prove highly beneficial for both natural and corporate persons.

One can hope that the aforementioned inquiries prove fruitless due to the fact that no violations occurred. Bearing that in mind, if violations of the FCPA occurred, then it would seem highly likely that an organization such as the SEC would be able to uncover them.

For related information please see: Amity Treaty Company or American LLC.

Tags: American Business, American Business Asia, American Business Thailand, banking FCPA Compliance, Blackstone Group, Citigroup, FCPA, FCPA Compliance, Foreign Corrupt Practices Act, Foreign Corrupt Practices Act Compliance, Private Equity FCPA, Private Equity Foreign Corrupt Practices Act, SEC, Securities and Exchange Commission, Sovereign Wealth Funds, US Business, US Business Asia, US Business Thailand, US Company Thailand
Posted in Amity Treaty, Thailand Business, Thailand company, US Business, US Citizenship, US Company Registration, US LLC | No Comments »

2010 has been a watershed year in many respects, but the most remarkable thing about the year 2010, in this author’s opinion, was the global paradigm shift regarding Asia. Where once Asia might have been viewed by the North American and European press, business community, and public as a sort of afterthought, 2010 proved that one of, if not the, most important geographical regions in terms of economic growth and technological innovation is East Asia.

As always, Asia’s economic importance can be discerned by looking at currency imbalances, industry analysis, and economic growth figures. However, this blogger feels that one of the most significant indicators of Asia’s “coming of age” in the global arena is evidenced by the fact that many nations in Asia are flexing their muscles in terms of enforcing their will upon the internet. Where once Asian governments seemed to fall in line with Western attitudes toward the the regulation of cyberspace and all of the cultural changes that come with the spread of easy access to the World Wide Web, now it would appear as if governments, businesses, and organizations in North and Southeast Asia are coming up with their own strategies for regulating internet access, promoting ecommerce, and connecting people. Counter-intuitive as is may seem to those operating from a Western perspective, many of the strategies adopted by Asian governments are not designed to facilitate broader access to online technology.  In a recent article posted on the Telegraph’s official website www.telegraph.co.uk, it was noted that Chinese authorities are taking stringent measures against Skype, the online communications service. To quote directly from the Telegraph’s official website:

China on Thursday announced that it had made illegal the use of Skype, the popular internet telephony service, as the country continues to shut itself off from the rest of the world…

In the latest move dashing Western internet company hopes of breaking into China, it was announced that all internet phone calls were to be banned apart from those made over two state-owned networks, China Unicom and China Telecom.

“[This] is expected to make services like Skype unavailable in the country,” reported the People’s Daily, the official mouthpiece of the Communist party.

Skype is not the only web based company that has experienced its share of problems in the Chinese market. Increasingly, many companies seem to be finding themselves restricted from the internet in China as the Telegraph went on to note:    

Websites such as Facebook, Twitter and YouTube are already blocked in China and Google closed down its Chinese servers last year after heavy government pressure.

It should be noted that Mainland China (also referred to as the Peoples’ Republic of China) boasts a population of approximately 1.3 billion people. For many firms, especially those with a significant online presence, China represents an emerging market with virtually limitless potential. However, China is not the only nation in Asia which seems poised for a more dynamic place in the international business arena. Countries such as the Kingdom of Thailand and the Republic of Indonesia have proven to be fertile ground for the same companies which China is attempting to block. According to Internetworldstats.com the Republic of Indonesia saw 27,338,560 Facebook users as of the end of August 2010.   In an interesting posting on www.nickburcher.com, a fascinating website dedicated to providing information and insight regarding the evolution of advertising and media, this blogger found the following graph noting the the increase in Facebook usage as of 2009:

The growth percentages noted above are truly astounding especially when one bears in mind that a country such as China boasts a larger population compared to that of those countries surveyed. Furthermore, the above quotation merely notes increased Facebook usage as of 2009. 2010 likely showed further growth. This could be one reason why many online businesses are attempting to find a compromise with China in an effort to enjoy access to such a lucrative market.

In 2010, Google had some problems with the Chinese government as an article on Sky News’s official website pointed out back in July of 2010. To quote directly from that article:

Beijing has renewed Google’s licence in a move that allows the web giant to continue operating in China, the company has said…

Google revealed the development on its blog and said: “We are very pleased that the government has renewed our ICP licence and we look forward to continuing to provide web search and local products to our users in China.”

China is the world’s biggest internet market and Google’s right to supply the country’s users was suspended after a row over censorship.

To get around the restrictions, Google began to redirect its Chinese users to a landing page in Hong Kong.

If the licence had been rejected outright, as some analysts wrongly predicted, it could have spelled future trouble for Google’s non-search businesses in China.

As noted above, termination of direct access to the Chinese market could have been particularly problematic even for a company as monolithic as Google since the sheer size of the Chinese market is enough to make the thought of being shut out unthinkable for virtually any company, especially companies whose profitability depends upon open access to their website. Enter Mark Zuckerberg, the “Young Turk” who took the online world by storm with the creation and subsequent expansion of Facebook.com, the online social networking website which is currently unavailable in the Peoples’ Republic of China. Recently, it was reported that Mr. Zuckerberg went to China on what seems to have been a sort of vacation/fact finding tour. To quote directly from a recent article on iol.co.za:

In China Mark Zuckerberg is almost unknown. Now, after pictures of him visiting Beijing’s biggest internet company have appeared online, feverish speculation has erupted over whether he could be set to change that by taking his social networking site, Facebook, into the one country that has resisted its charms.

That Mr Zuckerberg is in Beijing this week might alone be enough to trigger rumours as to his intentions – even if it is nominally for a holiday with his girlfriend Priscilla Chan and no other entourage.

But when he was spotted yesterday at the headquarters of Baidu, the giant Chinese search engine company, with its chief executive, Robin Li, the reaction reached a pitch of excitement far beyond what is good for most people’s health.

Any alliance was denied by Baidu’s spokesman. But there is little doubt that the Chinese market remains a tempting prize for the 26-year-old Mr Zuckerberg. Facebook has been blocked by the Chinese government, denying him access to the country’s 300 million regular internet users.

The most striking piece of information to be gleaned from the above quotation, in this blogger’s opinion, is the fact that the article points out that China boasts regular internet usage by approximately 300 million people. That is almost the ENTIRE population of the United States of America. As can be quickly inferred, such large numbers of potential users make China a very critical market for firms, in virtually any industry, with a major online presence.

On a related note, Mr. Zuckerberg’s Asian journey did not end in China. To quote directly from a recent article on the Daily Mail’s official website dailymail.co.uk:

Tags: Asian Business, business in China, Business in Thailand, Ecommerce, Ecommerce in Asia, Ecommerce in China, Ecommerce in Thailand, Facebook, Google, Information Technology, Information Technology in Asia, Information Technology in China, Information Technology in Thailand, IT, IT in China, IT in Thailand, Mark Zuckerberg, Skype, Skype China, Skype illegal in China, Twitter, Youtube, Zuckerberg in China, Zuckerberg in Thailand
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It recently came to this blogger’s attention that the United States Embassy in Indonesia has made great progress in showcasing the USA to the people of Indonesia. In fact, it was recently reported that a new cultural center has been opened in Jakarta, Indonesia with the sole purpose of encouraging American and Indonesian exploration of new technology. To quote directly from the website America.gov:

NEW AMERICAN CULTURAL CENTER IN JAKARTA

After many months of planning, @america, the United States’ first high-tech cultural center, opened to the Indonesian public December 2…

According to the U.S. Embassy in Jakarta, @america is a one-of-a-kind, high-technology American cultural center where visitors can explore, experience and express their interests about the United States in innovative ways. In the physical and virtual spaces of @america, visitors will experience cutting-edge technology, interactive games and live events designed to facilitate people-to-people exchanges virtually and in real life.

The new center, developed by the embassy in collaboration with Indonesian and U.S. partners, aims to expand engagement between young Indonesians and young Americans. The Indonesian firm PT Ganesha Aggies Jaya designed and will manage @america. The center is located in the Pacific Place Mall in Central Jakarta and admission is free.

This author must point out the obvious fact that this new technology center could prove to be a significant platform for cross-cultural communication. It would appear that in the coming years the United States and Indonesia may have increasingly close relations both diplomatically and economically as Indonesia (along with many other countries in Southern and Southeastern Asia) matures both as a nation and as an economic, trade, and manufacturing center. The details of future American-Indonesia relations remain to be seen, but it is clear that both countries can be very beneficial to one another as increased ties and trade is generally a mutually beneficial phenomenon.

Recently, the American President Barack Obama made a highly celebrated visit to Indonesia. It would appear that trip was a success with the Citizens of Indonesia as the President remains popular in this Southeast Asia nation. As many nations in Asia experience economic growth and success the United States of America will hopefully act as a role model for other countries in matters pertaining to technology as the technology sector in the United States remains vibrant compared to industries which were more hard hit by recent economic downturns. It could be argued that through greater technological integration the USA and countries such as Indonesia could form mutually beneficial relationships which result in innovation and increased business opportunities.

For related information please see: US Visa Indonesia, K-1 Visa Indonesia, or  EB-5 Visa Indonesia.

Tags: @America, @America Indonesia, America.gov, American Business Indonesia, American Company Indonesia, American Embassy Indonesia, American Embassy Jakarta, American Visa Indonesia, K-1 Visa Indonesia, K1 Visa Indonesia, US Business Indonesia, US Company Indonesia, US Embassy Indonesia, US Embassy Jakarta, US Visa Indonesia, USA Embassy Indonesia, USA Embassy Jakarta, USA Visa Indonesia
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