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Posts Tagged ‘ASsociation of Southeast ASian Nations’
22nd April 2011
Unconfirmed Reports Note Violence Erupts Along Thai-Cambodian Border
Posted by : admin
It would seem as though Southeast Asia is not immune to geopolitical tensions as it recently came to this blogger’s attention that conflict along the disputed Thai-Cambodian border may be increasing. To quote directly from the official website of the BBC, BBC.co.uk:
Troops from Thailand and Cambodia have again exchanged fire over their disputed border. Unconfirmed reports, quoting a Thai army spokesman, said that one Thai soldier had been killed and seven more were wounded. Each side has accused the other of starting the latest exchange. Tensions have been high since a skirmish in February at the Preah Vihear temple, which is claimed by both countries. The latest exchange was about 100km (62 miles) south-west of the temple. Thailand said its troops had been on routine patrol and Cambodia fired first.
The administration of this blog strongly recommends that readers click upon the hyperlinks above to read this story in further detail. Meanwhile, in order to gain further insight and perspective on this issue it may be best to quote directly from Xinhua‘s official website at Xinhuanet.com:
PHNOM PENH, April 22 (Xinhua) — Cambodia and Thai troops exchanged fires at two separate temples at border area, located about 200 kilometers west of disputed temple of Preah Vihear, military sources said on Friday. The sources said the clash occurred at around 6:00 am on Friday at Ta Moan and Ta Krabey Temples. Neak Vong, deputy commander of brigade 42 at Ta Mon Thom temple, said that all kinds of weaponry have been used. “Now the exchange fire between Cambodia and Thai troops is continue,” he told Xinhua by telephone as the sound of weapon explosions on the background. [sic]
Again, the administration of this web log encourages readers to click upon the hyperlinks above to learn more.
In recent months, the area along this border region has been in dispute by authorities in Thailand as well as Cambodia. It was hoped that these tensions could be resolved through diplomatic channels. In fact, it was initially suggested that the United Nations play a role in arbitrating the dispute. At the time of this writing it is this blogger’s understanding that there is no UN arbitration, but the Association of Southeast Asian Nations (ASEAN) has apparently been involved in attempting to mediate the dispute between Thailand and Cambodia. Clearly, such efforts have yet to bear fruit.
The legal and political issues involved in this dispute are both complex and controversial. It remains to be seen how this situation will unfold, but hopefully, this dispute can be resolved to the benefit of all concerned.
For related information please see: BRICS.
18th April 2011
S&P Downgrades US Sovereign Debt While BRICS Seek “Phase Out” Of Dollar
Posted by : admin
It recently came to this blogger’s attention that there are important events occurring in the realm of finance as the United States recently appears to have had its sovereign debt rating outlook lowered by Standard & Poor’s. To quote directly from an article written by Robin Harding, James Politi, and Michael Mackenzie on the official website of the Financial Times at FT.com:
Standard & Poor’s issued a stark warning to Washington on Monday, cutting its outlook on US sovereign debt for the first time and throwing more fuel on the raging debate over America’s swollen deficits.
The agency kept America’s credit rating at triple A but for the first time since it started rating US debt 70 years ago, cut its outlook from “stable” to “negative”. A negative outlook means there is a one-third chance of a downgrade in the next two years.
The administration of this blog strongly encourages readers to click on the hyperlinks above to view this story in detail as further insight can be derived therein.
The ramifications of this announcement are likely to reverberate around the globe, but in the United States there appears to have already been at least a market reaction to this information. To quote directly from an article written by Larry Elliot posted on the official website of The Guardian at Guardian.co.uk:
US budget deficit has moved from a surplus at the turn of the millennium to a deficit of 11% by 2009. Shares fell sharply on Wall Street today after the ratings agency S&P issued a warning to the US government about its soaring budget deficit. In a move that surprised and rattled the financial markets, S&P said it was cutting its long-term outlook on America from stable to negative…In early trading in New York, the Dow Jones industrial average had lost nearly 250 points – 2% – with the dollar weaker on the foreign exchanges and yields rising on US Treasury bills. The FTSE 100 in London was also down 2% or 126 points at 5869.
Again, this blogger strongly encourages readers to click on the hyperlinks above to read further and gain greater insight.
Hopefully, the consequences of the S&P downgrade will be short lived for America and her People, but there are some who argue that further turbulence may be ahead as countries around the world are economically re-aligning in ways which are unprecedented. To quote directly from an article written by David Marsh on the website Yahoo.com:
China and four other leading high-growth economies have taken landmark steps toward lowering the importance of the dollar in international financial transactions — part of a seminal shift in the move towards a multicurrency reserve and trading system…Addition of South Africa to the former BRICS format seems to have galvanized the grouping. The five countries agreed to expand use of their own currencies in trade with each other — an important step toward putting the dollar into a new downsized place. One key influence is the annual expansion of China’s trade volume with other core countries by 40% in 2010 — and the buoyancy looks set to continue. The BRICS’ state development banks, including the China Development Bank, agreed to use their own currencies instead of the dollar in issuing credit or grants to each other — and they will also phase out the dollar in overall settlements and lending among each other.
In the recent past, it seemed as though many were discussing an “alternative” reserve currency to take the place of the dollar in an international context. However, from the information which can be gathered above, it would appear as though the so-called BRICS countries (Brazil, Russia, India, China, and newly added South Africa) are moving towards something of a multicurrency system which, presumably, would incorporate the currencies, to one degree or another, of the member states noted above.
It is difficult to comment upon these events in detail at the time of this writing as the full ramifications of S&P’s downgrade, in conjunction with the BRICS announcements, could substantially impact the United States, Thailand, and the Association of Southeast Asian Nations (ASEAN) as a whole; since all of these entities have economic and political ties to the BRICS nations.
Concurrently, it would appear as though the Kingdom of Thailand remains something of an oasis of economic stability amidst the events unfolding above as tourism in Thailand along with the business of Thai Companies would appear to be steady. Currently, Thailand maintains thriving economic ties with the United States pursuant to agreements such as the US-Thai Treaty of Amity.
For related information please see: Thai business visa or US Company Registration.
17th April 2011
Looking Ahead At ASEAN And A New Cold War?
Posted by : admin
This blogger recently read a rather interesting piece about the future of the Association of Southeast Asian Nations (ASEAN). It is becoming increasingly clear that ASEAN will continue to play a key role in the regional politics of Southeast Asia notwithstanding the seemingly ever present role of domestic politics and bi-lateral relationships in all international contexts. To quote directly from a concisely written article by Amitav Acharya, American University, Washington and posted on the website EastAsiaForum.org:
ASEAN’s irrelevance or even death has been predicted several times before. At its birth in 1967, few people thought it would live to see another decade, given that the two previous attempts at regional cooperation in Southeast Asia — the Association of Southeast Asia and the MAPHILINDO (Malaysia, Philippines and Indonesia) concept — ended within a few years after their creation. The Malaysia-Philippines dispute over Sabah in 1969, the aftermath of the US withdrawal from Indochina in 1975, the Vietnamese invasion of Cambodia in 1979, the end of the Cold War in 1991 and the outbreak of the Asian financial crisis in 1997, have all been seen as critical blows to ASEAN. But ASEAN not only survived, it actually grew a bit stronger each time. So there is precedent, and hope, that ASEAN will be around in 2030.
But surviving is not the same as thriving. In 2030, ASEAN might keep plodding on, but will it still be a key player in regional peace, stability and prosperity in Asia? This question is more difficult to answer.
Clearly, the Association of Southeast Asian Nations (ASEAN) has been a steadfast regional organization and seems likely to remain one in the future. It would appear from implications in the above quotation as if there are those who believe that dynamism must be maintained by ASEAN in the future in order to ensure continued prosperity. That stated, deftly maintaining coherent regional policies amidst intra-ASEAN tensions also appears to be of concern:
A second question about ASEAN’s future is what the state of intra-ASEAN relations will be. The ongoing skirmishes on the Thai-Cambodian border do not inspire confidence. Simmering rivalries and mistrust continue to cloud relationships between Singapore and Malaysia, Thailand and Burma, and Malaysia and Thailand. But this is a far cry from the 1960s and 1970s, and there is every reason to hope that these intra-ASEAN conflicts will not doom the organisation. They would need, however, to be managed carefully, especially with the help of existing and new mechanisms that ASEAN is currently seeking to develop.
Meanwhile, it would appear as though looking ahead at all regions of the world the prospects for some nations are not nearly as upbeat as those of ASEAN. It would appear as though tensions are arising in the countries of Saudi Arabia and Iran to the point that some commentators in the United States and on the World Wide Web are dubbing the situation a “New Cold War”. To quote directly from an article written by Bill Spindle and Margaret Coker and posted on the Wall Street Journal‘s official website WSJ.com:
For all the attention the Mideast protests have received, their most notable impact on the region thus far hasn’t been an upswell of democracy. It has been a dramatic spike in tensions between two geopolitical titans, Iran and Saudi Arabia.
This new Middle East cold war comes complete with its own spy-versus-spy intrigues, disinformation campaigns, shadowy proxy forces, supercharged state rhetoric—and very high stakes.
Those reading this blog are highly encouraged to click on the hyperlinks noted above to read further from what may prove to be an important article. Although the political and economic winds of change tend to move about the global geopolitical landscape incrementally there come times where changes can occur quite rapidly and the unfolding situation in the Middle East would appear to be evolving in unprecedented ways. That stated, if two poles of regional geopolitical power are indeed coalescing, then that would be an issue of interest for all nations throughout the world since such information can have a substantial impact upon trade, economics, and political matters in an international context. Hopefully, the current turbulence will resolve itself toward the maintenance of peace for all concerned, but such a hope may in the end prove to have been optimistic.
For related information please see: US-Thai Treaty of Amity or US Company Registration.
11th April 2011
China’s Recent Trade Deficit And ASEAN Stock Exchange Developments
Posted by : admin
It recently came to this blogger’s attention that the Peoples’ Republic of China has posted a trade deficit in United States dollars. To quote directly from the official website of China Daily, ChinaDaily.com.cn:
BEIJING – China saw a trade deficit of 1.02 billion US dollars from January to March this year, the first quarterly trade deficit in six years, according to figures released Sunday by the General Administration of Customs (GAC).
In comparison, there was a trade surplus of 13.91 billion US dollars in the first quarter of last year.
China’s exports increased 26.5 percent year on year to 399.64 billion US dollars in the first three months this year, while imports soared 32.6 percent to 400.66 billion dollars from a year earlier, figures from the GAC showed.
From January to March, the total value of imports and exports increased 29.5 percent year on year to 800.3 billion dollars, said the customs administration, adding that China reported a small trade surplus of 140 million dollars in March, on the basis of a deficit of 7.3 billion dollars in February.
The administration of this web log highly recommends that readers click upon the hyperlinks above to view this whole story in detail as the discussion within the article is interesting.
There is little doubt that this news will have a direct impact upon the business environment in China as well as a possibly indirect impact upon the Nations which comprise the Association of Southeast Asian Nations (ASEAN). Meanwhile, this announcement may also have an impact upon the economy of the United States of America and the American business environment as well. It would appear, at least at the time of this writing, that the American economy is likely to continue to show signs of turbulence as time moves forward, but some economists may see positive implications for the American economy from this recent news. That said, the trade deficit currently being maintained by the Chinese, as noted above, is not particularly large in relative terms as only one year ago the Peoples’ Republic of China maintained a substantial trade surplus with the United States of America.
This news comes at a time when Chinese and Thai authorities have announced that a large trading complex will be erected in Thailand to provide a platform for Sino-Thai trade. Concurrently, it would also appear as though plans continue for a high speed rail link connecting Thailand, particularly Bangkok, directly to Southern China.
It would appear that although China is currently maintaining a trade deficit, that country remains economically vibrant and still on track to become the largest economy in the world as previously noted on this blog when referencing a statement made by the CEO of the American Company General Electric (GE).
Meanwhile, it was recently noted that many of the stock exchanges in the ASEAN region have made deals to act in concert in an effort to create a combined market with a projected capitalization of 1.8 trillion USD. To quote directly from a recent posting on the website TheHinduBusinessLine.com:
Seven stock exchanges in the ASEAN region collaborated on Friday with the launch of ASEAN Brand Identity, ASEAN Exchanges Web site and ASEAN Stars, with the aim of jointly developing regional capital market estimated worth $1.8 trillion…The ASEAN Exchanges collaboration members are Bursa Malaysia, Hanoi Stock Exchange, Hochiminh Stock Exchange, Indonesia Stock Exchange, The Philippine Stock Exchange, Singapore Exchange and the Stock Exchange of Thailand.
Those reading this posting are highly encouraged to click on the hyperlinks above to read more about this story in detail.
As Southeast Asia continues to show signs of an increasing economic dynamism the effect of such events upon large economies such as the US economy and that of China remains to be seen, but it is clear that the business and economic environments in Southeast Asia are considered by many to be becoming increasingly robust as evidenced by the fact that there is a possibility that a combined ASEAN market could have such a relatively substantial capitalization.
For related information please see: business in China.
26th March 2011
Those who have been following this blog with any regularity will likely have noticed that the administration has been attempting to follow the developments unfolding throughout the world as a consequence of the recent nuclear crisis in Japan. One way of monitoring the global response to radiation contamination is through following developing regulatory policies regarding the importation of Japanese products by countries outside of Japan. In a recent posting on this blog the administration noted the fact that the authorities in many member nations of the Association of Southeast Asian Nations (ASEAN) had imposed restrictions upon imported Japanese foodstuffs. The same could also be said for some member economies of the Asia-Pacific Economic Cooperation (APEC) forum. To quote directly from the website FocusTaiwan.tw:
Taipei, March 25 (CNA) Taiwan suspended imports of food products Friday from five Japanese prefectures, including Fukushima, where a nuclear power plant was damaged by a powerful earthquake and subsequent tsunami March 11.
Minister of Health Chiu Wen-ta said all safety inspections of food entering the country from Fukushima, Ibaraki, Tochigi, Gunma and Chiba — which have all reported widespread radioactive contamination — had been suspended, effectively barring all entry of food from those areas.
The administration of this blog highly recommends that readers click upon the two hyperlinks directly above this citation to read the entire article. As evidence continues to show an increasingly distressing situation in Japan it was also noted that Mainland Chinese officials have implemented new policies regarding food imports from Japan. To quote directly from the website DailyTimes.com.pk:
BEIJING: China banned imports of some Japanese food products on Friday amid fears of radiation contamination, hours after announcing that two Japanese travellers who had flown into an eastern city were found to have radiation levels well above safety limits.[sic]
China joins a growing list of countries that have stopped imports of some foodstuffs from Japan. The ban covers dairy, aquatic and vegetable products as well as fruit from the five Japanese prefectures of Fukushima, Tochigi, Gunma, Ibaraki, Chiba, China’s quality watchdog, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) said in a statement…
Readers are highly encouraged to click on the hyperlinks above to read this enlightening piece in full. Clearly Chinese officials are joining their counterparts around the world in a trend of placing increasingly stringent restrictions on Japanese imports. More importantly, it would seem that authorities in China have also reported that two Japanese travelers showed signs of alarming levels of radiation upon arrival from Tokyo. To quote further from the aforementioned piece:
Separately, the quality watchdog said that two Japanese travellers who flew into China’s eastern city of Wuxi from Tokyo on Wednesday had radiation levels that “seriously exceeded the limit”. [sic]
Clearly, as evidenced by the quotations above, the Chinese authorities are apprised of what appears to be an increasingly serious situation in Japan and are taking appropriate measures.
As the ramifications of this tragedy come into clearer focus concerns mount as to the long term consequences of the Japanese crisis. Meanwhile, concerned people around the world continue to watch as the Japanese people struggle to overcome what could prove to be the most daunting crisis ever to befall a modern nation-state.
For related information please see: business in China or business in Taiwan.
25th March 2011
Those following this blog or the many other sources of information available on the World Wide Web may have, no doubt, noticed the impact of the recent tragedy in Japan and the unfolding events springing therefrom. The tragic plight of the Japanese people was further highlighted recently by what appears to be a trend among many nations in their refusal to allow imports of foodstuffs from Japan. To quote directly from the website NAMnewsnetwork.org:
TOKYO, March 24 (NNN-BSS) — Australia, Canada and Singapore joined a list of countries shunning Japanese food imports Thursday as radioactive steam wafted anew from a disaster-struck nuclear plant, straining nerves in Tokyo.
The grim toll of dead and missing from Japan’s monster quake and tsunami on March 11 topped 25,000, as hundreds of thousands remained huddled in evacuation shelters and fears grew in the megacity of Tokyo over water safety.
The damage to the Fukushima nuclear plant from the tectonic calamity and a series of explosions has stoked global anxiety. The United States and Hong Kong have already restricted Japanese food, and France wants the EU to do the same.
The administration of this blog highly encourage readers to click on the above hyperlinks to read further about the situation in Japan. As the situation becomes more dire in Japan it would appear that even Japan’s key allies are unable to allow importation of possibly dangerous food products. The authorities in the Kingdom of Thailand appear to be taking preventative measures regarding importation of possibly tainted food as well. To quote directly from Bloomberg.com:
Thailand will check all fruit and vegetable imports from Japan’s main island, Honshu, before allowing their sale and will randomly screen other products such as fish, Pipat Yingseri, secretary-general of the Thai Food and Drug Administration, told a media conference today. The country hadn’t found any abnormal contamination since checks started in mid-March, he said.
As Thai, Hong Kong, Chinese, American, Australian, Canadian, and Singaporean authorities place restrictions on food imports, speculation abounds as to the response from other countries in the Asia-Pacific region as well as member States of the Association of Southeast Asian Nations (ASEAN). In discussions regarding the ramifications of the Japanese Crisis it may be best to remember the human elements which are constantly present in all of these regulatory and policy calculations.
As the situation in Japan continues to have global implications it remains to be seen how the various governments and international organizations around the world will react both politically and economically. One thing is clear, the crisis in Japan has the potential to completely reshape the geopolitical situation in Asia from both an economic as well as political perspective. How this change will impact both Thailand and the ASEAN community will be of increasing interest to the administration of this web log.
For related information please see: Legal.
24th March 2011
During Aftermath of Japanese Crisis ASEAN Members Rethink Nuclear Power
Posted by : admin
The tragic situation in Japan (a country recently plagued by Earthquakes, Tsunamis, Volcanoes, and finally Nuclear Meltdown) is apparently causing other nations in East Asia and Southeast Asia to rethink their options with regard to the proliferation of nuclear power plants. A recent posting on the website AsiaOne.com discussed some of these issues in some detail. To quote directly from the website AsiaOne.com:
Singapore – Japan’s nuclear crisis is likely to prompt Southeast Asian states to look more carefully at their plans to tap atomic energy for power generation, the head of the regional bloc said Monday.
Association of Southeast Asian Nations (ASEAN) secretary-general Surin Pitsuwan said Japan’s struggle to prevent a reactor meltdown at the Fukushima nuclear power plant will have a “psychological” impact on some ASEAN members.
“They will continue to explore, but I think the sense of urgency will certainly be contained a little bit,” Surin told reporters on the sidelines of a regional economic conference in Singapore.
The administration of this blog highly encourages readers to click on the links above to read more of this article.
Clearly, a disaster of the magnitude of the events unfolding in Japan can have a tremendous “psychological” effect around the world, but what is interesting about the above quotation is the fact that the Association of Southeast Asian Nations (ASEAN), a regional organizations that is becoming increasingly important in geopolitical matters, seems to be uniformly ambivalent towards nuclear power as of the time of this writing. Meanwhile, the Kingdom of Thailand, an important member of the Association of Southeast Asian Nations (ASEAN), is rethinking its position on the issue of nuclear power. To quote directly from Eco-Business.com:
Thailand has frozen its plans to build its own nuclear power plants in the wake of the ongoing nuclear crisis in Japan following a series of meltdowns at the quake-hit power complex in Fukushima.
Thai Deputy Prime Minister Suthep Thaugsuban announced yesterday that the government would indefinitely halt all plans to build nuclear facilities in the Kingdom.
Again readers are highly encouraged to click on the links above to read more from this posting.
In this blogger’s personal opinion, this decision to “freeze” plans for a Thai nuclear plant is both prudent and necessary. The decision is prudent because it provides the Thai government and people the opportunity to watch the events in Japan unfold. This will provide the Thais with the opportunity to see the extent of the problem in Japan and this opportunity will allow Thai authorities to take a firsthand look at the possible dangers inherent in constructing and maintaining a nuclear facility. Such measures are necessary because failure to be prudent could be costly later, as evidenced by the situation in Japan. This nuclear disaster in Japan is obviously no one’s “fault,” but perhaps failure to take into consideration the fact that Japan, and the reactors present therein, is situated upon one of the most tectonically active locations on Earth may help to explain the nuclear disaster. At this time, fixing the blame for this tragedy should not be at the forefront of people’s minds as the brave Citizens of Japan struggle to overcome this situation, but evaluating the proliferation of nuclear facilities in the ASEAN with a critical eye may help avoid such tragedies in the Southeast Asia of the future.
As economic activity in the ASEAN region, China, Thailand, Laos and Cambodia expands it stands to reason that energy needs will remain an acute concern for the business community as well as governmental authorities, but such considerations would appear to be being weighed in light of the recent events in Japan, as well they should be.
For related information please see: business in China.
9th March 2011
In turns of events that may have seemed fantastical even 4 years ago, the Anglo-American socio-political, economic, and legal spheres are evolving at a rapid rate with little end in sight. This blogger recently discovered that a group in a county of the United Kingdom has arrested a judge invoking ancient rights granted pursuant to Magna Carta. To quote directly from the WirralGlobe.co.uk:
Protestors have “civilly arrested” a judge at Birkenhead county court…Made up of people from across the UK, the marchers say they are exerting their “ancient right to lawful Rebellion under Magna Carta…”The crowd, although largely peaceful, is chanting “freedom” and “arrest that judge…”
This blogger highly recommends that those so interested click upon the above links to view an in depth report on this interesting state of affairs. This blogger would also suggest clicking on this link to see what appears to be a video documenting these events happening in real time. In any event, the affairs mentioned above are notable in that it is not all the time one sees the British Citizenry engaged in such endeavors. The current propensity toward unconventional tactics and methods in the political and legal spheres is having an impact upon currency in the United States and around the world as the United States, the United Kingdom, China, and the nations comprising the Association of Southeast Asian Nations (ASEAN) are all encountering political pressure resulting from economic forces acting upon these nations. In an effort to gain leverage over an increasingly difficult economic situation the House of Representatives in the sovereign State of Utah has passed legislation which would promote gold and silver as legal tender within the jurisdiction of the State of Utah. To quote directly from the website TalkingPointsMemo.com:
The Utah House of Representatives has approved a bill that allowing gold and silver coins to be used as currency, though unlike similar bills in other states, it doesn’t force anyone to accept gold or silver as legal tender. House Bill 317 was introduced by state Rep. Brad Galvez (R) last week, and passed the House by a vote of 47-26. It will now head to the state Senate for a vote. [sic]
Clearly the political winds of change are blowing across North America, the United Kingdom, and Europe. How events will unfold as the stories above play out are anyone’s guess, but those Americans resident abroad in Asia as well as other expatriates and Citizens of nations such as China, Thailand, Indonesia, India, and the ASEAN member nations are likely watching some of these events unfold with a keen eye as modern history has shown that events occurring in one location can have reverberations of a global magnitude.
For related information please see: Integrity Legal.
4th March 2011
It recently came to this blogger’s attention via Mr. Paul Huang at the Law Firm of Cenlaw in Shanghai, China that Chinese government officials have promulgated new rules for reviewing mergers and acquisitions in a national security context. To quote Mr. Paul Huang directly:
The State Council of China has laid out long-awaited rules and procedures for national security reviews of foreign mergers and acquisitions. The new acquisition rules will commence operation in March of 2011. Under the rules, the new National Security Review Committee led by China’s National Development and Reform Commission and the Ministry of Commerce that already review mergers under the Chinese antitrust rules will review mergers and acquisitions targeting key companies in the defense, agriculture, energy, resources, infrastructure, transportation and equipment-manufacturing and technology industries. It will apply a broad definition of national security, assessing the impact of deals on economic stability, social order and China’s ability to research and develop key technologies for national defense.
The administration of this blog encourages readers to check out the publications section of the Cenlaw website as it is filled with relevant and detailed information regarding the legal issues which can arise in the context of Chinese business.
As more international investors seek business opportunities in Asia, it will become increasingly necessary for such investors to comply with applicable local laws and regulations. The legal systems in Asian jurisdictions can be very similar or extremely different from Western legal systems. For example, the SAR of Hong Kong, China has a legal system which has its roots in the common law tradition. This state of affairs could be attributed to the fact that Hong Kong was once a Crown Colony of the United Kingdom. Meanwhile, so-called “Mainland China” has a legal tradition that is quite unlike any other jurisdiction in the world. At the same time, the Kingdom of Thailand in Southeast Asia has a legal system which draws upon many different legal traditions around the world while maintaining a uniquely Thai complexion.
Many Western stock exchanges have announced various plans to consolidate through multi-jurisdictional merger or acquisition. This state of affairs will likely raise increasingly complex legal issues as business transactions increasingly occur in a transnational context. As Southeast Asia sees the creation of new stock exchanges in countries such as Laos and Cambodia. It appears increasingly likely that the legal systems in those countries will be of ever increasing interest to international investors seeking information about doing business in those jurisdictions. It will be interesting to follow these developments as business in China and the countries which comprise the Association of Southeast Asian Nations (ASEAN) become increasingly dominant in a global business context.
For related information please see: Laos Stock Exchange.
16th February 2011
I-601 Waivers: Why Do-It-Yourself (DIY) May Not Be The Best Approach
Posted by : admin
It has recently come to this blogger’s attention through anecdotal evidence that there may have been a relatively significant increase in the number of I-601 waiver petitions filed by American Citizens in both the Kingdom of Thailand as well as the greater area that comprises the Association of Southeast Asian Nations (ASEAN). Apparently, the majority of these cases are being handled pro se (without attorney representation). It would appear that these pro se filings are being subjected to Requests For Evidence (RFE) which can be time consuming. Furthermore, there are some who also speculate that such petitions could see a higher denial rate.
Those who read this blog may have taken notice of the fact that this blogger takes the practice of United States Immigration law seriously. That said, there is nothing inherently wrong with American Citizens unilaterally petitioning their government for United States Immigration benefits pro se. This blogger has no problem with those who wish to seek immigration benefits without the assistance of counsel, but those pondering this course of action should be aware of the risks. First, the assistance of an American attorney in the US Immigration process can prove highly beneficial as such a professional can provide insight into the dynamics of immigration law as well as the regulations which are used to enforce that law.
Immigration law could be likened to dermatological medicine insofar as the routine cases that arise in an immigration context are sometimes easily taken care of by the petitioner or beneficiary themselves much the same way that a case of acne could be alleviated without the need to visit a dermatologist. Meanwhile, some issues which arise in immigration law can be extremely complicated and therefore such matters may require the assistance of one with a great deal of experience in matters pertaining to American immigration law. This state of affairs brings to mind a hypothetical situation involving dermatologists who specialize in skin cancers and various other skin maladies which are not commonly known to laymen. To take this hypothetical further, a patient afflicted with skin cancer is usually unable to treat themselves. To use this hypothetical as an analogy in an immigration context: those seeking an I-601 waiver are in a situation, similar to the skin cancer patient mentioned above, which may require professional assistance as failure to retain an attorney could increase the chances that an I-601 waiver (or for that matter an I-212 waiver) will be ultimately denied.
The standard of proof in an I-601 waiver is “extreme hardship” and this standard is not easily overcome. The United States Citizenship and Immigration Service (USCIS) has noted that “extreme hardship” does not mean “mere separation,” of the couple, but is, in fact, something more substantial. American Immigration lawyers expend a great deal of time and effort to see that I-601 waiver petitions are well founded. As a result, such petitions may be at a lower risk of being denied. Bearing this in mind, no attorney, or anyone else for that matter, can foresee what the outcome of a waiver petition will be. Those reading this posting should not misconstrue the author’s message by inferring that retaining an attorney will result in a guaranteed outcome as this is simply not the case. Should an I-601 waiver petition be denied, then it may be possible to have the case reconsidered in a Motion to Reopen or through an appeal to the Board of Immigration Appeals (BIA). Under such circumstances, the case will be adjudicated based upon an “abuse of discretion” standard which is not easily overcome. Therefore, submitting a well founded I-601 waiver petition the first time can be imperative for those wishing to have a legal grounds of inadmissibility waived.
As always, those seeking representation or counsel in matters related to American immigration should check the credentials of anyone in Southeast Asia claiming expertise in such matters. Only an attorney licensed to practice law in the United States is entitled charge fees to represent clients before the Department of Homeland Security, USCIS, or American Missions abroad.
For related information about this issue please see: US Visa Denial.
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