Last Updated: March
14, 2003
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NEWS
17 Alabama lawyers pass civil law notary exam
Congratulations to the following Alabama lawyers who passed an examination administered by the National Association of Civil Law Notaries in Huntsville, Alabama, on March 2, 2003. The following persons are eligible to apply with the Alabama Secretary of State for official appointment as civil law notaries:
Rhonda Adams, Gary Backus, Thomas Blackstock, James Crosby, William Glass, Roger Killian, Floyd Likins, Thomas Little, Dorsey Morrow, Robert Pettey, Shaler Roberts, and Elias Saad
"I was very pleased with this first effort to offer civil law notary training
in Alabama," said Boyd F. Campbell, former Chair of the International Law
Section of the Alabama State Bar. "These were highly experienced
Alabama attorneys, and they received excellent training from the NACLN
faculty."
If all of the above-named attorneys receive appointments from the Alabama
Secretary of State, this will bring the number of civil law notaries in
Alabama to 17. Florida as about 90 appointed civil law notaries.
Why open markets with Cuba?
Former
Congressman Sonny Callahan of Mobile is on record as favoring opening trade
opportunities with Cuba. Why? The Port of Mobile is close by,
of course, and Mr. Callahan obviously believes it make sense to talk trade
with the Cuban government. In a recent article published in the Winter
2002 edition of The International Lawyer, writer H. Scott Fairley,
a barrister and solicitor in Toronto, Canada (L.L.M., 1979, N.Y.U.; S.J.D.,
1987, Harvard) describes trade between Canada and Cuba below.
"The
volume of Canada-Cuba trade has fluctuated over the years, synchronized
to some extent with the ebb and flow of Canada-Cuba relations. From
1996 through 2000, two-way trade ranged from $690 million to a peak of
$815.7 million in 1998, falling to just under $702 million the following
year, and then recovering to $736.6 million in 2000. Unofficial statistics,
preliminary for 2001, for Canadian balance of trade figures show a modestly
positive balance in Canada's favour: $391.7 million in exports and
$361.3 million in imports for a two-way total of $753 million."
Because
Cuba has an old, Soviet-style command economy, Mr. Fairley includes this
cautionary note from the Canadian Department of Foreign Affairs and International
Trade: "Cuba is not an easy market .... There have been instances
when Canadian small and medium-sized enterprises have encountered difficulties
in trying to do business in Cuba simply because of the nature of Cuba's
centrally planned economy, which is distinctly different from other Latin
American economies."
Canada-Cuba
trade includes mostly agricultural products -- a fact that should certainly
be of interest to Alabama agri-business interests. Trade between
Canada and Cuba includes cereals, meat, fertilizers, seafood, metallic
ores and concentrates, sugar, tobacco and cigars (of course).
Former Section Chair honored by Germany
Former
Section Chair Boyd F. Campbell was honored by the Ministry of Defense of
the Federal Republic of Germany at a presentation on January 24, 2003,
at Maxwell Air Force Base in Montgomery. Colonel Willi Kamuf, a liaison
officer representing the Luftwaffe, presented Mr. Campbell with the Ehrenkreuz
Silber (Silver Cross of Honor) one of Germany's highest civilian awards.
The award certificate was signed by Dr. Peter Struck, Secretary of Germany's
Ministry of Defense.
For
the past 10 years, Mr. Campbell has served as a "Goodwill Ambassador,"
along with his wife, Linda. The Campbells have served as sponsors
for the Luftwaffe officer attending the Air Command and Staff College of
the Air University at Maxwell. In addition, Mr. Campbell has worked
with the Consul General of the Federal Republic of Germany in Atlanta,
and other consuls general representing Japan, Korea, Italy, and Mexico,
to correct a problem related to issuance of Alabama driver's licenses to
foreign nationals lawfully present in Alabama for long periods of time,
including the international officers and their families attending classes
at the Air University.
"This
was entirely unexpected and a great honor," Mr. Campbell said. "I
accepted this medal on behalf of my wife Linda, who has worked closely
with me over the years to make sure that our German guests are happy in
Montgomery. I was also pleased to be able to resolve the driver's
license problem with the Department of Public Safety, and congratulate
the Department for its attention to the matter."
New Section officers to be elected via mail-in ballot
Article
IV of the Section by-laws requires election of Section officers at the
annual meeting, which was held on July 19, but because of poor attendance,
the Chair has consulted the Executive Committee and will send out paper
ballots. The only position open is Section Chair, and no one has
been nominated. Our Vice Chair for Programs, Joseph W. "Bill" Mathews,
our Secretary, Dr. Paul Kuruk, and our Treasurer, Robert E.L. Gilpin, will
continue in their positions for another year. The position of Vice
Chair for Membership is vacant, and no nominations for this position have
been received by the Chair or by the Executive Committee.
If
you are interested in serving as Chair or Vice Chair for Membership, please
contact the Section Chair or a member of the Executive Committee so that
you name can be placed on the ballot. For contact information, CLICK
HERE and HERE.
Dr. Paul Kuruk speaks to International Law Section at Bar Annual Meeting
Our Secretary, Dr. Paul Kuruk, addressed our Section during the Annual Meeting of the Alabama State Bar at the Perdido Beach Resort Hotel in Orange Beach, Alabama, on July 19, 2002. Dr. Kuruk provided attendees with excellent information on how to approach international business transactions.
Bill Mathews is new Vice Chair for Programs
Joseph
W. "Bill" Mathews, legal counsel for Samford University in Birmingham,
has accepted the post of Vice Chair for Programs. Congratulations
are due Bill for accepting this important Section position. Bill's
first responsibility was to help us plan and execute a first class International
Trade and Business Law seminar held in Birmingham on May 17, 2002.
Bill
Mathews is a founding member of the International Law Section and was the
Section's first and only newsletter editor.
Governor Siegelman signs Civil Law Notaries bill into law
On
the morning of September 26, 2001, Governor Don Siegelman signed the revised
Civil Law Notaries bill into law. It is difficult to express the
importance of this achievement by our Section, because Alabama and Florida
are doing something entirely new and historic by enabling their Secretaries
of State to appoint lawyers to serve as civil law notaries, and by helping
to establish the American notarial tradition.
The
action taken by Governor Siegelman is the culmination of a great deal of
work this year by a great team, both in Alabama and Florida, over one Regular
Session and two Special Sessions of the Legislature. The bill passed
during the closing hours of the second Special Session just concluded.
Our
Section owes a debt of gratitude to Representatives Jim Carns (R.-Birmingham)
and Jack Venable (D.-Tallassee), Senators Ted Little (D.-Auburn) and J.T.
"Jabo" Waggoner (R.-Birmingham). But we would not have seen our bill
move smoothly and swiftly through both houses of the Legislature during
the short Special Sessions if we had not had valuable help from Executive
Director Bill O'Connor and Vice President of Governmental Affairs Jim Gray
of the Business Council of Alabama. Thanks, also, go to Charles E.
"Chuck"
Grainger, Jr., legal counsel to Secretary of State Jim Bennett and a member
of our Executive Committee, who was in the State House making sure the
bill kept moving. Without this team on our side, the revised Civil
Law Notaries bill would never have become law. The bill was assigned
Act No. 2001-967.
The
availability of civil law notaries in Alabama will provide a new way of
doing business based upon a very old legal tradition. For more information,
see below.
NACLN admitted to observer status by International Union of the Latin Notariat
Our
Section has spawned a new organization of Alabama lawyers who have been
appointed Alabama civil law notaries by Secretary Bennett -- the Alabama
Association of Civil Law Notaries (AACLN). Directors are Boyd Campbell,
Chuck Grainger, Wesley Pipes, Griffin Sikes Jr., and Leonard Tillman.
AACLN is affiliated with the National Association of Civil Law Notaries
(NACLN). Boyd Campbell and Chuck Grainger are also Directors of NACLN.
Chuck Grainger, in his capacity as a Director of NACLN, and Griffin Sikes,
in his capacity as a Director of AACLN, flew to Athens, Greece, to attend
the triennial Congress of the International Union of the Latin Notariat.
The result of that meeting is that NACLN has been admitted to Observer
status. NACLN received valuable support for its admission to the
Union from the latin notariates of Canada and a number of other countries.
This accomplishment will bring good things to Alabama in the future.
"We
had three objectives in attending the International Congress of the Latin
Notariat all of which we accomplished with great success," said Chuck.
"First, we obtained Observer status in the International Union of the Latin
Notariat which enables our members to fully participate in the Commission
on
American Affairs -- covering
North and South America and a range of subjects, including authentication
of electronically transmitted documents. This also allows our members
to become individual members of the International Union of the Latin Notariat
and use their logo in international correspondence -- enhancing credibility
and acceptance.
"Second,
we promoted to the world the adoption of a latin notarial system in Alabama
and Florida which reduces risk to our collegues in other countries in international
transactions. The absense of authenticity and reliability in U.S.
documents has been of enormous concern for our collegues in other ountries
who at times are personally liable for the representations in such documents
when they rely on them. Finally, we built numerous relationships
with notaries in other countries as a resource for our membership.
This will help where notarial questions or problems occur in various countries.
Mission accomplished!"
If
you get a chance, please congratulate Chuck and Grif on their successful
trip to Athens, Greece -- at their own expense, I might add -- to further
the mission of the International Law Section.
All
of this is good news for Alabama economic development. You will likely
begin noticing that multinational companies will ask for Alabama civil
law notaries in the future as they contemplate, plan, and execute transactions
in our state. In many cases, the availability of Alabama civil law
notaries to serve as counsel to transactions will give these companies
the "comfort level" they seek. It may well develop that we will find
it easier to get our clients' documents which are authenticated by an Alabama
civil law notary admitted in foreign courts and to foreign government officials.
As a Section, we are now prepared and ready to assist Alabama companies
and your international clients.
ILS holds annual meeting during Alabama State Bar annual conference
The
International Law Section held its annual meeting on July 16, 2001, during
the Alabama State Bar Annual Conference in Destin, Florida. New by-laws
were approved and submitted to the Board of Bar Commissioners. The
new by-laws make two major changes. They adjust the membership fee
schedule to require a $30 annual fee for first-time members, and a $45
fee for annual membership renewals. The by-laws also establish the
Executive Committee and the following Section officer positions:
Chair, Vice-Chair for Programs, Vice-Chair for Membership, Secretary, and
Treasurer.
Boyd
F. Campbell was re-elected as Section Chair, and Dr. Paul Kuruk, Professor
of Law at Cumberland School of Law, was elected Secretary. Mr. Campbell
urged members to volunteer to serve in the key positions of Vice-Chair
for Programs and Vice-Chair for Membership.
During
the CLE that preceded the annual meeting, Section members and other conference
attendees heard from Todd Kocourek, special counsel to Florida Secretary
of State Katherine Harris, and Charles E. "Chuck" Grainger, Jr., general
counsel to Alabama Secretary of State Jim Bennett. Mr. Grainger presented
a clear explanation of the role of the civil law notary in the legal profession
and outlined differences between the American civil law notarial system,
as distinct from all other countries. The key differences in the
American system, according to Mr. Grainger, are that use of a civil law
notary's legal services will be voluntary, no fees will be set by statute,
and their numbers will not be limited by statute. Dr. Paul Kuruk
also explained differences between the civil law notarial systems of other
countries as compared to the American system that is being developed.
The
Section welcomed Dean John Carroll to the annual meeting. Dean Carroll
had recently assumed his new post as dean of Cumberland School of Law.
Three Alabama lawyers pass NACLN exam
The National
Association of Civil Law Notaries (NACLN) provided training to three Alabama
International Law Section (ILS) members and three Florida lawyers from
July 13 - 15, 2001, at the Sandestin Hilton Beach Resort in Destin, Florida.
The International Law Section is pleased to report that all three lawyers
passed the exam. The Alabama Association of Civil Law Notaries welcomes
new members Wesley Pipes of Lyons, Pipes & Cook, Mobile; Griffin Sikes
of Montgomery; and Leonard Tillman of Balch & Bingham, Birmingham.
Congratulations to these three lawyers, who are eligible to apply to the
Secretary of State for appointments as Alabama civil law notaries.
The Alabama
Association of Civil Law Notaries (AACLN) has been established with the
help of Chuck Grainger and Boyd Campbell. AACLN has been duly admitted
as an affiliate organization of the National Association of Civil Law Notaries,
on whose board Messrs. Grainger and Campbell sit as Directors, representing
Alabama's interests. AACLN is planning to offer the next civil law
notary examination in Birmingham on a date to be announced. To learn
more about notarial associations and organizations in other countries,
and what civil law notaries do, you may use the links below. Please
note that the links below will take you away from the International Law
Section website.
International Union of the Latin Body of Notaries
Alabama economic development news
Advise clients on securing private data in EU countries
One
of the most serious issues confronting private international lawyers in
advising their U.S. corporate clients who operate in the European Union
is the problem of securing private data. The EU Data Protection Directive
and member state laws are not to be trifled with. U.S. and foreign
employees of U.S. businesses that do not comply with the directive are
subject to prosecution.
The
rules require that the "data controller" inform persons to whom the data
refers of the purposes of collection of the information and, in some cases,
obtain their consent. In addition, data controllers are required
to institute security measures to prevent unauthorized use or loss of the
data. But the most controversial rule deals with transfer of personal
data to countries outside the EU. So-called Article 25 states that
data gathered in an EU member state may not be transferred to a country
outside the EU where an adequate level of privacy protection is not met.
Permission from the EU can be obtained to effect a data transfer to the
United States, but so far the EU has only given its approval to select
U.S. companies that abide by safe harbor principles.
Human
resources data has special protection. U.S. computer administrators
have been charged with violations of this directive and have been subject
to fines. The maximum penalty for a violation in Germany, for example,
is $200,000, in France, $400,000, and in Spain, $540,000. Because
the rules are so strict, and the criminal sanctions so severe, practitioners
should advise their corporate clients operating in the EU to become thoroughly
familiar with this EU directive. [Note: See Council Directive
95/46/EC, 1995 O.J. (L 281)] -- Adapted with excerpt from "Seeking Suitable
Solutions for Importing Data from the European Union," by Rosa Barcelo,
The
International Lawyer, Vol. 36, No. 3 (2002)
Opelika lures Mercedes supplier from Michigan
On
December 20, 2002, Opelika announced that a Mercedes-Benz supplier has
chosen the city for a $20 million plant that eventually will employ 300
workers. Benteler Automotive Corp., based in Auburn Hills, Michigan,
will build chassis for the Mercedes plant in Vance and try to work with
other automakers in Alabama. The company will build a 144,000-square-foot
plant in Northeast Opelika Industrial Park.
Opelika
beat Jefferson County and Greenville, S.C., in luring the automotive parts
manufacturer to its industrial park, according to The Birmingham News.
"This
is quite a coup for Opelika because we competed with some heavy hitters
to win this project," said Chad Newell, Director of the Opelika Economic
Development Department. Newell said that in addition to the state's
basic incentives package, Opelika will assist Benteler with site preparation
expenses and some performance-based cash incentives.
The
Benteler
Group is a Germany-based non-listed stock corporation in family ownership.
It operates more than 40 plants in Europe, North, Central and South America
as well as in Asia. More than 17,400 people are employed within the
Group. The largest division of which is automotive with more than
11,600 employees, 32 sites and a total sales revenues of 2.07 billion Euros.
In
2001 the Benteler Group celebrated its 125th anniversary. Four generations
of the family have contributed to shaping the Group, which is still in
family ownership today, and now one of the 100 largest industrial enterprises
in Germany. -- Excerpt from an article published by The
Associated Press, December 21, 2002.
Hyundai Mobis to build auto parts plant in Montgomery (Update)
On
December 16, 2002, Gov. Don Siegelman and Kyu-Hwan Han, President of Hyundai
Mobis, a supplier of cockpit, chassis, and axle modules, signed the
official contract for Mobis Alabama to build a plant in Montgomery's Airport
Industrial Park. The plant location is minutes away from the site
of Hyundai's new plant construction.
"This
is a key supplier," said Siegelman. "Now that this announcement is
made, we expect and believe other suppliers ... [will come] to establish
tehir place in order to service Hyundai production."
Hyundai
Mobis was established in 1977, with headquarters in Seoul, South Korea,
and with U.S. headquarters in Detroit. The company employs 3,600.
Hyundai Mobis manufactures the latest automotive components, including
smart airbags. The parts division specializes in repair parts, while
the auto-tech division pursues development of brake and safety components
for domestic use and export, as well as refrigerator, steel, and specialized
container production. Hyundai Mobis will be joining Hyundai's $1
billion plant as it helps Hyundai establish its first U.S. autmotive manufacturing
plant in Montgomery.
Montgomery
and Prattville competed for the plant, with Montgomery offering a discount
on an 82-acre tract in Montgomery's Airport Industrial Park. Hyundai
Mobis is expected to begin construction of a 400,000-square-foot plant
in early 2003, complete construction by mid-2004, and eventually employ
more than 430 workers.
Capital
investment for the Mobis Alabama plant will be $30 million, Han said.
Honda breaks ground on plant expansion
Honda
broke ground on an an expansion of its plant in Lincoln on November 21,
2002. The expansion will nearly double the current 2,300 jobs.
Governor Don Siegelman joined Honda executives, including President and
CEO Koichi Amemiya of American Honda Motor Company. The $425 million
expansion will allow the plant to increase production capacity to 300,000
engines and automobiles annually.
Once
completed, the plant will employ 4,300 workers. Honda's total investment
in Alabama will then be $1.025 billion. Honda currently manufactures
Odyssey minivans and V-6 engines.
In
other news, officials with Honda supplier KTH-Leesburg Products announced
on December 9 that its Cherokee County plant will increase its employment
to 280 as it completes a $60 million expansion program. The expansion
will double the size of the company by the end of 2004.
EU seeks damages against R.J. Reynolds
BRUSSELS
-- The European Union has filed a lawsuit in New York against tobacco giant
R.J. Reynolds, seeking compensation for alleged money laundering.
The EU Executive Commission said in a statement that it sought "relief
to stop the laundering of proceeds from illegal activities and to seek
compensation for losses sustained."
The case -- contained in a 156-page document filed witht he U.S.
district Court for the Eastern District of New York -- stems from a tax
evasion case the EU and 10 EU governments initiated against R.J. Reynolds,
Philip Morris and Japan Tobacco, Inc. Officials would not put an
amount on the practice but said it dates back a decade and involves hundreds
of millions of dollars. -- Excerpt from an article published by The
Associated Press, November 1, 2002.
Alabama may be site of rocket plant
Rumors
are circulating that U.S. Astronautics, a rocket motor builder, is looking
closely at Alabama and has discussed potential plant sites with Alabama
development officials. U.S. Astronautics announced on July 11 that
it was looking at plant sites in Alabama after giving up on a Mississippi
location. CEO Forrest "Bud" Stacy said the firm was unable to reach
an agreeable lease arrangement with Mississippi officials for space in
the Tri-State Commerce Park north of Iuka. Another company official,
Doug Oldham, said the firm is talking with Alabama officials about three
sites, one of which could be the Barton Riverfront Industrial Park in Colbert
County. He said the other sites are in the Selma-Montgomery area,
and on the Alabama-Georgia border. Oldham reportedly traveled to
Montgomery on July 11 to meet with state officials.
U.S.
Astronautics plans to invest up to $300 million to build a construction
facility for the Eagle rocket, which would be used to launch telecommunications
satellites. The project would generate 1,000 construction jobs and
450 permanent jobs. U.S. Astronautics would be a client of E'Prime
Aerospace, which is developing the Peacekeeper intercontinental ballistic
missile into a commercial launch vehicle. -- Exerpt from a report prepared
by The Associated Press and The Montgomery Advertiser.
Incentive deal for Honda spotlighted
"Alabama is giving
Honda
$90 million in incentives to double its auto plant in Lincoln, making it
the cheapest deal since the state started using big-dollar dowries to lure
automakers to the Deep South.
"The incentive
package works out to $44,870 for each of the 2,000 jobs that are supposed
to be created.
"The cost is
far less than the $105,580 for the original Honda plant and far below any
other auto plant that has been recruited to Alabama since Mercedes-Benz
started the state on the road to auto production in 1993." -- Excerpt from
an article by Phillip Rawls, The Associated Press, July 9, 2002.
Hyundai announces location in Montgomery
Alabama and Montgomery
win a $2 billion Hyundai SUV manufacturing
plant, which will employ about 2,000 workers! CLICK
HERE
Sony
Electronics has completed a $34 million expansion of its Dothan faciility.
The Dothan plant is the only Sony facility outside Japan to incorporate
a technology that increases the efficiency and delivery of high-capacity
metal-digital tape products.
Three new companies
that will supply parts to the Honda plant in Lincoln have located in Alabama.
TS Tech North America will spend $9 million to turn the vacant HD Lee building
in Boaz into a factory that makes seats for the Honda Odyssey minivan.
The plant will employ nearly 200 workers when it opens next year. KTH
Parts Industries of St. Paris, Ohio, will invest $46 million in a new
facility in Leesburg that will creat 150 jobs. The 170,000-square-foot
facility will produce stamped and welded metal frame components for the
Honda Odyssey minivan. Initial production is scheduled to begin in
November. The new company created by KTH Parts is a joint venture
among KTH, Hirata Technical Company, Ltd., and Hongo Company, Ltd., both
of Japan. Rainsville Technology, Inc., a subsidiary of Moriroku Company
of Japan. The $10 million, 91,000-square-foot plant will produce
interior and exterior plastic parts for the Honda Odyssey.
Other Honda-related
plant announcements include New South Express, which will build a 200,000-square-foot
consolidation facility north of Talladega, Precision Strip, Inc., an Ohio-based
company that cuts rolls of steel into strips for use as automobile parts,
and Yachiyo Manufacturing of Alabama will supply Honda with welded and
sub-assembled automobile body parts from a new $6.4 million, 41,000-square-foot
plant in Steele. Ohio-based Kamco Industries, a Honda supplier of
plastics parts, has set up a new Alabama company called Kumi Manufacturing
of Alabama and is locating a 105,000-square-foot plant and will employ
77 workers in Chilton County.
The Mobile-Mexico
ferry is now a reality. Instead of transporting cargo to Laredo,
Texas, shippers can now use the a new railcar ferry service out of the
Port
of Mobile. The service can reduce a typical 20- to 25-day trip
to three days. CG Railway, a division of New Orleans-based International
Shipholding Corporation, operates a twice-weekly railcar ferry service
between the Port of Mobile and Coatzacoalcos, Mexico. The company
operates two 585-foot ships, each with a 60-car capacity.
"These are the
only two ships of this kind on the Gulf Rim," says Mike Lee, President
of Page & Jones, the ships'
agents, "and this service could expand to Latin America."
In Auburn, two
German automotive companies -- Stahlschmidt
& Maiworm, the world's leading manufacturer of automotive aluminum
wheels, and Hoerbiger Hydraulics
-- announced plans to open plants and begin production within the next
two years.
Also, the addition
of the Toyota plant in
Huntsville and a $600 million expansion of the Mercedes
plant in Vance have led development news this year.
Links
Hague Conference on Private International Law -- The Hague Conference is an intergovernmental organization that assists in negotiating and drafting multilateral treaties (conventions) in the different fields of private international law (e.g. international judicial and administrative co-operation; conflict of laws for contracts, torts, maintenance obligations, status and protection of children, relations between spouses, wills and estates or trusts; jurisdiction and enforcement of foreign judgments). Visit frequently.
Bibliography
Bruno A. Ristau, International
Judicial Assistance: Civil and Commercial (International Law
Institute, 1995)
Louise Ellen Teitz, Transnational
Litigation (Lexis Law Publishers, 1996)
Submit Section news
ILS members are encouraged to submit news items about themselves or other international lawyers, events, or case law for inclusion on this web page. To submit your Section news, or for more information, contact:
International
Law Section
ATTN: Boyd F. Campbell
P.O. Box 11032
Montgomery, AL
36111-0032
Or call us at (334) 832-9090, or send e-mail: CLICK HERE
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