Friday, February 29, 2008

Saudi Aramco, the oil company is using RAQport.com of Virginia Centos Blue Quartz Linux OS






Saudi Aramco, the oil company is using RAQport.com of Virginia Centos Blue Quartz Linux OS
Aramco Services Company
9009 West Loop South
Houston Texas 77096

RAQport Inc.

Saudi Aramco, the oil company born as an international enterprise 75 years ago, distributes Saudi Aramco World to increase cross-cultural understanding. The bimonthly magazine's goal is to broaden knowledge of the cultures, history and geography of the Arab and Muslim worlds and their connections with the West. Saudi Aramco World is distributed without charge, upon request, to interested readers worldwide.
In print, Saudi Aramco World is published six times a year: January/February (JF); March/April (MA); May/June (MJ); July/August (JA); September/October (SO) and November/December (ND). From its launch in 1949 until the May/June 2000 issue, the magazine's name was Aramco World. The July/August 2000 issue was the first to carry the name Saudi Aramco World .
Saudi Aramco World is published in Houston, Texas by Aramco Services Company, a subsidiary of Saudi Aramco. This website is updated following each issue of the print edition

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Ron Paul 0wnz the Federal Reserve

Ron Paul 0wnz the Federal Reserve






Ron Paul Interview on FOX Business Channel 02/28/2008

Saturday, February 9, 2008

Poland-2007 Article IV Consultation

Poland-2007 Article IV Consultation
Preliminary Conclusions
January 21, 2008
Poland is enjoying strong and well-balanced growth, with only limited pressures on core inflation and the current account deficit so far. However, the expansion is facing emerging resource constraints, in particular labor shortages. Sustaining robust GDP growth and external competitiveness over the medium term will require meeting a dual challenge of containing demand pressures while strengthening the economy's supply response. A monetary tightening bias, the adoption of fiscal measures that will set the structural deficit on a steady downward path, and progress across a broad array of reforms aimed at boosting labor participation are among the mission's key recommendations. This would facilitate achieving the government's welcome objective of taking full advantage of Poland's EU membership through euro adoption.

Managing inflationary pressures and maintaining competitiveness.

1. Output growth is set to moderate to about 5 percent in 2008, as a weakening external environment tempers export growth and investment growth retreats from the earlier exceptional pace. Investment growth will, however, remain strong—sustained in part by steadily increasing EU funds—with continued robust growth in disposable income and consumption. Impetus to domestic demand will also come from the fiscal stimulus in store for 2008.

2. Inflationary pressures are, in our view, set to remain strong despite the slowdown in output growth. The rapid increase in employment, together with emigration, has now mostly absorbed the labor market slack, reflected in real wage growth well in excess of productivity gains and in real appreciation as measured by unit labor costs. Until recently, these cost pressures had only a limited adverse impact on core inflation and export growth as wage restraint in the first half of the decade had significantly bolstered profitability and export competitiveness margins. But the scope for squeezing profit margins will ultimately run its course, and cost pressures appear to be already feeding into prices, as evidenced by the increase in core inflation in recent months. Also—although still less conclusive—exports orders have shown signs of weakening.

3. Against this background, we believe that a continued tightening bias in monetary policy is warranted at this time. While headline inflation is likely to decline due to food price deceleration, our projections, based on unchanged policy, suggest that inflation will continue to run well above the 2½ percent target and will exceed the upper end of the band for most of 2008. Bringing inflation back to the target will not only prevent higher inflationary expectations from becoming entrenched, but also avoid the risk that expectations of a prolonged tightening bias in monetary policy causes speculative capital inflows and attendant upward pressures on the zloty.

4. Why do we not believe that the heightened risk of negative spillovers from the current financial market turmoil—through real and financial channels—calls for a pause in the tightening of monetary policy? Admittedly, the uncertainty regarding the external environment is substantial at this juncture and the spillovers could be stronger than we envisage. However, in our view, these downside risks are still more than offset by the risk that the continued significant excess of real wage growth over productivity growth will have a stronger-than-expected impact on inflation. While the potential negative external spillovers warrant caution, the MPC should be equally vigilant about the risk of second-round effects of food and energy price increases on wage demands, including the risk that current wage negotiations in the public sector ratchet up broader wage pressures.

5. Sustained fiscal consolidation is needed and we welcome the authorities' commitment to gradually reduce the structural deficit to 1 percent of GDP by 2011. This will help relieve monetary policy and thereby reduce the extent to which the burden of adjusting to tightening resource constraints falls on investment and exports. It will also increase the scope for automatic stabilizers to operate without jeopardizing Maastricht criteria, speed-up the reduction in public debt, and contain the widening of the external current account deficit. On the latter, our projections show that this deficit will increase over the medium term to the upper bounds of what is safe from a long-term perspective, suggesting that—in the absence of a reduction in the structural fiscal deficit—there would be an increased risk that the real exchange rate could overshoot its long-term equilibrium path in the event of a stronger-than-expected deterioration in the private sector's saving-investment balance. Indeed, if the economy threatens to overheat due to exceptionally high and sustained capital inflows, a more ambitious reduction in the structural deficit than currently envisaged would be the most effective means of preventing such overshooting.

6. The fiscal consolidation in 2008 could be more ambitious. The 2008 budget will, in our view, increase the structural deficit by up to ½ percent of GDP—in part because of cuts in social security contributions adopted last year (to cut the tax wedge)—requiring a stronger reduction in 2009-2011. To smooth the adjustment path, expenditure execution should be kept below appropriations, to the extent possible, in 2008. Being new in office, the government is in the process of formulating more detailed plans for how to achieve its fiscal objectives. While we agree with the objective of reducing the tax burden over the medium-term, deficit reduction should take priority. This implies considerable current expenditure reduction and, with as much as 70 percent of expenditures being non-discretionary, a key challenge facing the new government will be to streamline social benefit programs. In this regard, there will be important complementarities between fiscal objectives and measures to boost labor participation and long-term growth.

Sustaining strong growth over the medium-term

7. Boosting the labor force holds the key to long-term growth prospects. Much of the recent economic expansion has reflected increased labor utilization, but this is naturally coming to an end and continued strong growth will increasingly hinge on measures to raise Poland's exceptionally low level of labor participation, not least among those above 50 years of age. Reforming the generous provisions for early retirement, by tightening guidelines for eligibility, and further rationalizing the system for disability payments are key to increasing participation. Other important measures to increase participation and reallocate labor to more productive sectors include reducing the tax wedge, especially at lower level of incomes, and reforming the farmer's pension scheme (KRUS), with the ultimate goal of merging it into the general scheme. While changes in these areas will be politically and socially sensitive, incremental progress across such a broad array of reforms can significantly boost labor supply in the medium term. The potential of such reforms has been demonstrated by the experience of several EU member countries—including Ireland and the Netherlands—over the last two decades, especially in the context of social partnership frameworks.

8. Further deregulation and privatization are also necessary to bolster long-term growth prospects, especially since Poland lags its peers in this area. While EU accession has provided a welcome impetus, there is still scope for realizing significant catch-up gains in productivity by improving the business climate through deregulation, and accelerating privatization. Importantly, reforms in these areas have strong complementarities with the aforementioned labor market reforms. We therefore welcome the authorities' intention to give priority to reinvigorating the privatization program and cutting red tape.

Maintaining financial market stability

9. Polish credit and money markets have so far remained largely unaffected by the global market turbulence, even as credit growth has been increasingly financed by foreign borrowing. (The net foreign indebtedness of the banking sector remains, however, still relatively low.) Market participants attribute this to a high return on Polish assets and to the small share of the assets of Polish affiliates in parent groups' total assets. Importantly, any exposure to US sub-prime assets is expected to be minor and Polish banks have been somewhat sheltered from the recent turmoil, as the use of complex financial instruments and securization remains limited, and credit derivatives are absent. In this connection, the NBP's stress tests show continued banking system resilience, even in the face of increasingly uncertain global markets. Still, credit has expanded rapidly in recent years, particular into new, higher-risk markets, and part of this expansion has been financed by foreign borrowing. Supervisors need to closely monitor the risk of negative spillovers in the event of abrupt reductions in access to international capital markets. At this juncture, it is particularly important that the recent integration of banking sector supervision into the Polish Financial Supervision Authority (KNF) does not impair supervisory effectiveness.

Strengthening the policy framework

10. Additional steps are needed to ensure the KNF's supervisory effectiveness. We understand that a bilateral operational memorandum already governs the exchange of information between the KNF and the NBP and that all existing safety net arrangements, processes and human resources remain effective. The MoF, the NBP and the KNF have also agreed on a memorandum of understanding pertaining to financial stability. However, there is a need for legislation to make the tripartite framework operational. Also, the governance structure of the KNF falls short of international best practices concerning safeguards against political interference. Introducing fixed terms of appointment for all KNF board members would go a long way toward ensuring that board members, once appointed, are independent and serve in their technical capacity.

11. Achieving the government's fiscal objectives would be facilitated by establishing a medium-term fiscal framework centered on multi-year fixed expenditure targets. The current focus on annual budgets—with medium-term budget parameters in practice imposing no legal constraints—is not in line with international best practice. While such practices vary, we would recommend a 3-year expenditure framework, where global nominal expenditure ceilings are set on a rolling basis with limited scope for revision over time. The expenditure path should be derived from the government's medium-term deficit target and should encompass as much of general government expenditure as possible, with special provisions for EU funds. Improving coordination with local governments over spending targets would also be beneficial. Such a framework would reinforce the response of automatic stabilizers to demand shocks, and help build broader political support for medium-term fiscal priorities and underlying policies.

12. In conclusion, Poland has a fresh opportunity to take full advantage of its EU membership, including by adopting the euro. As this entails giving up independent monetary policy, the economy will need to be equipped to withstand shocks through increased flexibility in fiscal policy and in wages and prices. We therefore welcome the authorities' policy objectives as we believe that they—underpinned by concrete plans—will do much to foster a successful transition to euro adoption and ultimately allow Poland to thrive in the euro area.




IMF EXTERNAL RELATIONS DEPARTMENT
Public Affairs Media Relations
Phone: 202-623-7300 Phone: 202-623-7100
Fax: 202-623-6278 Fax: 202-623-6772

Friday, February 1, 2008

Hi-Tech’s New Best Friend: Section 337 and the Enforcement of U.S. Intellectual Property Rights Against Importers of Hi-Tech Merchandise



Hi-Tech’s New Best Friend: Section 337 and the Enforcement of U.S. Intellectual Property Rights Against Importers of Hi-Tech Merchandise
By V. James Adduci II and Michael L. Doane
Published in the North American Free Trade & Investment Report (February 15, 2000)

With the advent of the Internet, computers and other information technology, a noteworthy battle has ensued over hi-tech goods manufactured by overseas operations that infringe the intellectual property rights of U.S. businesses. As a result, U.S. businesses have frequently sought to utilize Section 337 of the Tariff Act of 1930 to protect their intellectual property rights. Section 337 protects a U.S. business from foreign infringement of intellectual property rights, as well as other unfair acts, perpetrated by those importing products into the U.S. Many large and small U.S. companies in the information technology industry, among them Intel, have mounted Section 337 investigations to obtain relief from infringing imports.

The explosion of e-commerce and the Internet also has effected Section 337 investigations in a manner beyond just the influx of hardware related investigations. For example, offers for sale over the Internet may be construed as an offer for the sale of a product for importation into the United States, thus establishing jurisdiction under Section 337. Indeed, several complainants in recent Section 337 investigations have specifically referenced respondents’ Web sites as evidence of sales for importation. Although an infringing product of foreign manufacture may be bought and sold by a customer in the United States over the Internet, it still must at some point be shipped to the United States, thus violating Section 337.

The U.S. International Trade Commission
Section 337, which prohibits the importation of a product that infringes on a valid and enforceable U.S. patent, copyright, trademark or registered semiconductor mask work, has proven to be very attractive to U.S. businesses, particularly companies in the information technology industry, with significant investments in their intellectual property portfolios. As a result, the U.S. International Trade Commission ("ITC") has instituted Section 337 investigations involving a wide range of information technology products, including SDRAMs, DRAMs, ASICs, CD-ROM Controllers, Coated Optical Waveguide Fibers, Digital Satellite System Receivers, Self-Powered Fiber Optic Modems, Screen Printing Machines and Facsimile Machines.

ITC Proceedings Offer Advantages Over U.S. Federal Court
For U.S. businesses facing imports of infringing products, Section 337, as administered by the ITC, has many attractive features not available in U.S. federal court. In addition to such procedural advantages as national jurisdiction over imported products and worldwide discovery, Section 337 investigations generally are completed within one year from the date of institution, as compared to three or more years in federal court, thus providing the intellectual property owner with comparatively expeditious relief. In addition, the requirements for obtaining jurisdiction over a foreign defendant and the limited ability of a federal court to compel discovery abroad greatly restrict a U.S. intellectual property owner’s ability to enforce its rights against foreign infringers in federal court. Furthermore, Section 337 hearings are conducted by Administrative Law Judges experienced in complex intellectual property issues.

Perhaps the most notable advantage of a Section 337 investigation from a complainant’s perspective is that, if a violation is established, the ITC will issue an exclusion order, with the U.S. Customs Service acting as the enforcement arm. A federal court injunction against further infringement has no such enforcement. Under certain circumstances, cease and desist orders against domestic parties, i.e., U.S. distributors of the infringing imports, and exclusionary relief against entities not party to the proceedings are also available. Although no money damages are recoverable before the ITC, because of these advantages over federal court litigation, Section 337 has become an extremely popular tool for the enforcement of intellectual property rights.

Since 1993, over 90 percent of the investigations instituted by the ITC have been based on patent infringement with over 40 percent of the investigations since 1995 involving information technology. The ITC has developed useful expertise in many fields of technology as well as in the area of intellectual law. This expertise has given the ITC a significant record of success on appeal with over 65 percent of its decisions in Section 337 investigations affirmed by the U.S. Court of Appeals for the Federal Circuit. Although such statistics are no guarantee of success before the ITC, they demonstrate the value of the ITC as a forum resolving intellectual property disputes.

The effectiveness of Section 337 investigations in protecting intellectual property rights has caused such leaders in the information technology industry as Intel Corporation and Samsung Electronics Co., Ltd. to use Section 337 to pursue infringers of their patent rights. Intel sought relief from imports from Taiwan that it alleged were infringing certain of its patents relating to DRAM controllers and multiplayer integrated circuits. Samsung sought relief from allegedly infringing imports of RAMs from Japan and Singapore.

In both Intel and Samsung cases, the investigations were terminated based on a settlement agreement. This fact underscores another important aspect of a Section 337 investigation, its value as leverage for achieving settlement. A Section 337 investigation can be filed concurrently with a patent infringement action, although the patent infringement action may be stayed pending the outcome of the Section 337 investigation, and is frequently used as added pressure to attain settlement. In fact, since 1995, over 40 percent of all Section 337 investigations instituted by the ITC have resulted in settlement. The threat of an expedited hearing, broad discovery and potential exclusion from the U.S. marketplace is frequently enough to bring infringing parties to the bargaining table.

U.S. Companies Equally Subject to Section 337 Investigations
The fact that Samsung was able to use Section 337 to defend its U.S. patent rights raises another interesting point. It is not required that the complainant in a Section 337 investigation be a U.S. entity nor, indeed, is it required that the respondent be a foreign entity. In fact, the entities accused of infringing Samsung’ U.S. patent rights were Texas Instruments, Inc., Texas Instruments Singapore (PTE), Ltd. and Texas Instruments Japan, Inc. All that is required of complainant is that it be the owner of a U.S. intellectual property right and that it maintain a "domestic industry" relating to that intellectual property right or be in the process of establishing such a "domestic industry."

A U.S. entity can find itself a respondent in a Section 337 investigation if it is importing articles that allegedly infringe a U.S. intellectual property right. The ITC has noted that "[t]he statute, by its terms, does not limit coverage to articles for foreign manufacture." Consequently, the ITC has applied Section 337 to domestic producers whose products are manufactured offshore and then brought into the United States. The fact that a company may be a member of the "domestic industry" does not shield it from liability. Section 337 also applies to domestically produced goods that are shipped abroad for assembly and re-imported into the United States. Domestic manufacturers with offshore assembly operations, therefore, should be aware of their potential exposure to Section 337 and a resulting exclusion order. Section 337 thus provides intellectual property rights owners with an effective procedure to use against both foreign and domestic infringers.

As the marketplace becomes increasingly international and technology based, the importance of obtaining effective protection of intellectual property rights against infringing imports can only grow. Section 337 offers a fast, efficient and most importantly effective tool for obtaining this protection. For all these reasons, intellectual property rights owners and their counsel should consider Section 337 as a part of any strategy to address imported products that infringe their intellectual property rights.

James Adduci is a partner at Adduci, Mastriani & Schaumberg, L.L.P. in Washington, D.C. The firm specializes in international trade, intellectual property, government contracts and federal litigation. Michael Doane is an attorney in the firm where his practice focuses on international trade (particularly Section 337 investigations) and intellectual property litigation.

Reprinted with permission from North American Free Trade & Investment Report. Copyright 2000 WorldTrade Executive, Inc. All rights reserved.
Alex Lech Bajan
CEO
RAQport Inc.
2004 North Monroe Street
Arlington Virginia 22207
Washington DC Area
USA
TEL: 703-528-0114
TEL2: 703-652-0993
FAX: 703-940-8300
sms: 703-485-6619
EMAIL: office@raqport.com
WEB SITE: http://raqport.com

SIGNIFICANT INCREASES TO IMPORT DUTIES POSSIBLE, Rapid Customs Information Bulletin, Vol. 1, No. 2


SIGNIFICANT INCREASES TO IMPORT DUTIES POSSIBLE, Rapid Customs Information Bulletin, Vol. 1, No. 2

U.S. Customs and Border Protection is seeking comments from the public regarding an interpretation of transaction value in multi-tiered sales transactions, which, if adopted, could significantly increase the value to which U.S. import duties are applied. Customs' proposed interpretation of transaction value will apply only to U.S. imported merchandise that was subject to two or more sales prior to its importation into the United States.

For example, assume U.S. company A contacts foreign distributor B and orders merchandise. Further assume that foreign distributor B contacts foreign manufacturer C to manufacture that merchandise. Under Customs' current interpretation of transaction value, which is supported by decisions of the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, Customs uses the sale price of the merchandise between distributor B and manufacturer C (the " First Sale") as the basis for transaction value if Customs finds the sale between distributor B and manufacturer C to be at arm's length, and the goods were identified as being destined for the United States at the time of the First Sale.

Now, using an interpretation issued in July 2007 by a Technical Committee of the World Customs Organization's Committee on Customs Valuation, which has already been adopted by many WTO members, Customs is proposing to use the price of the merchandise in the sale to the U.S. importer (the transaction between U.S. company A and foreign distributor B in the example above) (the "Last Sale " instead of the "First Sale") as the basis for transaction value, if Customs finds the sale to the U.S. importer to be at arm's length.

Customs states that some of the benefits to this new interpretation are the following: (1) access to records will be easier because the documents associated with the sale to the U.S. importer will likely be more readily available than those associated with the sale between the foreign distributor and the foreign manufacturer; and (2) Customs will be better able to identify, calculate, and apply the additions to transaction value, such as assists, to the sale to the U.S. importer.

As you can see, most of the benefits that Customs states the new interpretation will provide are actually adverse to importers. There is also an issue of whether Customs has the authority to change its position in a manner contrary to judicial precedent.


Click here to view 01/24/08 Federal Register notice http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/E8-1140.htm

Comments on Customs' proposed interpretation must be received by Customs on or before March 24, 2008. Please let me know if you would like to submit a comment on Customs' proposed interpretation.

If you have any questions about the proposed interpretation, please do not hesitate to contact Harvey B. Fox, Esq. of Adduci, Mastriani & Schaumberg, L.L.P. via e-mail at fox@adduci.com

HARVEY B. FOX did his undergraduate work at the University of Baltimore where he also received his J.D. in 1964. He was with the U. S. Customs Service for almost 30 years prior to entering the private practice of law in October 1995. He served as Director, Office of Regulations and Rulings, from 1986 through 1995, where he was responsible for the development, implementation and evaluation of national legal programs and policies and for the issuance of rulings regarding the importation of merchandise into the United States.

From 1980 through 1986, he served as Director, Classification and Value Division, where he was responsible for issuing legal determinations concerning the tariff classification and valuation of merchandise imported into the United States. He also served as the head of the Customs Delegation to the Customs Cooperation Council (CCC) for valuation in Brussels. From 1977 through 1980, as Director of the Entry Procedures and Penalties Division, he issued decisions regarding country of origin, infringements of copyright and trademark registrations, restricted merchandise, penalty matters and entry procedures. From 1973 through 1977, as Director, Regulations and Legal Publications Division, he drafted policy matters and regulations dealing with the importation of merchandise and disseminated legal decisions to the public and Customs field offices.

He was President of the Customs Lawyers Association for seven years and is a member of the District of Columbia and Maryland Bars, the American Bar Association, the Federal Bar Association and the District of Columbia Bar Association. He is admitted to practice before the Supreme Court, Court of International Trade, Court of Appeals

of Baltimore where he also received his J.D. in 1964. He was with the U. S. Customs Service for almost 30 years prior to entering the private practice of law in October 1995.
HARVEY B. FOX
fox@adduci.com
202. 467. 6300

My contact:
Alex Lech Bajan
CEO
RAQport Inc.
2004 North Monroe Street
Arlington Virginia 22207
Washington DC Area
USA
TEL: 703-528-0114
TEL2: 703-652-0993
FAX: 703-940-8300
sms: 703-485-6619
EMAIL: office@raqport.com
WEB SITE: http://raqport.com