Mexico's President Felipe Calderon

Mexico's President Felipe Calderon announced on February 9, 2010 that he had approved a decree establishing new incentives for the film industry in Mexico. The highlight of the new incentive program is a proposed refund of up to 7.5% of amounts spent by filmmakers in Mexico for movie productions with expenditure of at least $70,000,000.00 Pesos in Mexico. When added to available state incentives and the refund of value added tax upon "export" of a movie, the total value of an incentive package could be approximately 28% of the amount spent in Mexico for production(Note: state incentives vary on a state by state basis.). In addition, President Calderon announced that ProMexico (the government's agency in charge of promoting foreign investment) would be charged with responsibility to provide special assistance to the movie industry to expedite the paper work involved in the production of movies in Mexico. This assistance would include expediting the import of goods and the prompt processing of the the refunds under the incentive program. Mr. Calderon made his announcement at a special ceremony held at Baja Studios in Rosarito, Mexico (www.bajastudios.com), where major motion pictures like Titanic and Master and Commander were filmed. (Readers should note that Baja Studios is a client of Sheppard Mullin.) The President stated that the new incentives should serve to put Mexico back on the map of the world of film. Mexico hopes to use its proximity to Hollywood, relatively low labor costs, and new tax incentives to lure major productions back to the country.

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U.S. Treasury Department Signs New Treaty with Chile

By Keith Gercken and Dawn Mayer

On February 4, 2010, the Department of Treasury signed a new income tax treaty with Chile, signifying a milestone for both countries. The treaty has not yet been ratified, but if approved by the U.S. Senate, would become the first income tax treaty between the U.S. and Chile and only the second U.S. income tax treaty with a South American country (a treaty with Venezuela was signed in 1999).
 

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IRS Enforcement of Foreign Bank Account Reporting Rules May Catch Non-U.S. Persons by Surprise

By Keith Gercken

U.S. persons are generally required to file an annual information statement with the U.S. Internal Revenue Service (IRS) disclosing any beneficial interest in, or signatory authority over, bank or other financial accounts located outside the U.S. This information statement is filed on Form TD F 90-22.1, and is generally referred to as an "FBAR" (Foreign Bank Account Report").
 

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What Every Company Should Know about Multi-Jurisdictional Cartel Investigations: Compliance Training

By Donald Klawiter and Jennifer Driscoll-Chippendale

This article is the first in a three-part series on multi-jurisdictional cartel investigations. 

In a break from traditional enforcement trends, two recent events underscore the importance of antitrust compliance training for companies located or doing business in Mexico and Latin America. First, in November 2008, the European Commission announced that several cement companies, including Cemex, a global building materials company headquartered in Mexico, were under investigation for violating Article 81 of the EC Treaty, which prohibits cartel behavior. In May 2009, Mexico’s Federal Competition Commission joined the probe, wreaking further havoc on Cemex’s precarious financial position. Second, in February 2009, the Brazilian Ministry of Justice, in conjunction with the U.S. Department of Justice and the European Commission, took the lead in an antitrust investigation of compressor makers, including Empresa Brasileria de Compressores S.A.-Embraco and Tecumseh do Brasil Ltda. The scope of the Brazilian inquiry was unprecedented, with nearly 60 federal police agents, Justice ministry officials and state prosecutors working to serve six search warrants in Sao Paolo and Santa Catarina and gather evidence of wrongdoing.  
 

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Procurement Opportunities for U.S. Companies: Mexico's National Infrastructure Program

By Bram Hanono

In July 2007, President Felipe Calderon launched the National Infrastructure Program ("NIP") to increase coverage, quality, and competitiveness of Mexico's infrastructure. Through infrastructure investment, Mexico is seeking to advance its regional and global standing. The NIP, slated for 2007 through 2012, calls for approximately US$230 billion, comprised of federal and private investment, to finance 480 infrastructure projects. About half way through its duration, there are still ample procurement opportunities for U.S. Companies.  
 

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Key United States Laws Regarding Mergers and Acquisitions

By Robert Magielnicki

There are three laws which a foreign company contemplating an acquisition of a United States corporation or other business should be familiar with because they can have a significant impact upon the proposed acquisition. These statutes are:

(1)   Section 7 of the Clayton Act;

(2)   The Hart-Scott-Rodino Antitrust Improvements Act of 1976, and

(3)   The Exon-Florio Amendment to the Defense Production Act of 1950.
 

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FDA Continues Expansion Outside the U.S. with Opening of Mexico City Post

By Bram Hanono

The U.S. Food and Drug Administration (FDA) recently announced the opening of its new post in Mexico City. The new post is the FDA's third post in Latin America and the tenth international post the FDA has opened in the past 13 months. The other posts in Latin America are located in Santiago, Chile and at the FDA's Latin America Office headquarters in San Jose, Costa Rica. The agency's other new offices are in China, India and Europe.
 

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Cross-Border Insolvency: A Primer on Chapter 15 of the U.S. Bankruptcy Code

By Gabe Matus

The current global economic crisis has spawned a recent wave of complex insolvency proceedings in jurisdictions spanning the globe. Add to the mix the increasingly global nature of business and economics and the result is that a debtor subject to an insolvency proceeding in one jurisdiction may likely have assets and operations in a number of other sovereign jurisdictions. Managing the interrelation between concurrent multi-jurisdictional proceedings involving the same debtor or affiliated debtors has been a challenge for court systems, debtors and creditors alike since the emergence of the global economy. As economists warn of continuing risks and concerns with regard to the global economic outlook,[1] the regime established under Chapter 15 of the United States Bankruptcy Code (Ancillary and Other Cross-Border Cases)[2] becomes increasingly relevant for creditors and debtors – both abroad and within the U.S. This article provides a brief overview of Chapter 15 and some of the issues relevant to parties-in-interest in cross-border insolvency proceedings.
 

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An Introduction to the Business of Government Contracts

By Christopher Noon

Introduction


Today's economy has created significant challenges for companies around the world. The tough business environment has companies facing decreased revenues, the prospect of employee layoffs, increased lending standards and fewer business opportunities. With all the present uncertainty, businesses are well-advised to expand their horizons with new or unconventional opportunities. One such opportunity every business can consider is doing business with the U.S. Government. In a recession, the Government can be a very attractive business partner for many companies as spending is increased by the Government to pull the economy out of recession. With the recently enacted American Recovery and Reinvestment Act of 2009, the Government plans on increasing spending by hundreds of billions of dollars, and will do so mostly through the issuance of government contracts. Businesses in all sectors of the economy stand to profit from this increase in spending if they are well-positioned to win these contracts. The question then remains: how does a company get started in government contracts?
 

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California Appellate Court Finds Service On Foreign Subsidiary In California Sufficient To Effect Service In Spite Of Hague Convention Service Requirements

By Norma García Guillén and Serena Martinez

In May 2009, the California Court of Appeal for the Fourth District decided a case that essentially upholds service of a foreign entity's subsidiary in California is sufficient to effect service, in spite of the Hague Convention requirements. This will undoubtedly change the process by which foreign companies may be served in California, especially in these difficult economic times.
 

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