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SyCipLaw Employment & Immigration Update 2017 Q1
SyCip Salazar Hernandez & Gatmaitan, July 2017

SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry...

Failure to Make the Proper Declaration to the French Data Protection Agency Regarding a Professional Email System Does Not Prevent Using Professional Emails in Court
Jeantet, July 2017

A CFO of a company was dismissed for poor performance. He sued his employer arguing that his dismissal was unjustified. The company’s defense was based on several emails produced in court which were supposed to show the CFO’s poor quality work.Under French law, the golden rule is that any system collecting or processing data including professional email systems must be declared to the Data Protection Agency (“CNIL”) in order to be legal...

A Brief Outline of the Newly Enacted Movable Property Security Rights Act
Hamilton Harrison & Mathews, July 2017

1.0 IntroductionThe Moveable Property Security Rights Act 2017 (the “Act”) was assented to by the President of Kenya on 10th May 2017 and came into operation on 16th May 2017.2.0 Objective of the ActThe objective of the Act is to facilitate the use of movable property as security for credit facilities by creating the office of the Registrar of Security Rights providing the mode of registration of security rights in movable property and the realisation process.3...

The Most recent CFC Case in China
Amicorp Services Ltd., July 2017

  Anti-abuse mechanism increase in the era of BEPSIn a recent CFC case the Suzhou Industrial Zone Tax Bureau of Jiangshu Province attributed the undistributed profits of a Hong Kong company (“HK HoldCo”) to its Chinese resident parent company (“ParentCo”). The tax authorities attributed the profits based on China’s controlled foreign corporation (“CFC”) rules and collected more than RMB 7.7788 million (approx. USD 1...

VAT in the GCC – Q&A updates from the UAE Ministry of Finance
Arendt & Medernach, July 2017

On 9 July the United Arab Emirates (UAE) Ministry of Finance (MOF) published an update of the Value Added Tax (VAT) FAQ section of its website.Following on the awareness workshops launched by the MOF, such update provides some clarification on substantive and procedural aspects pertaining to the implication and implementation of VAT...

Africa Tax in Brief
ENSafrica, July 2017

GHANA: Customs duty on spare parts abolished On 14 June 2017, pursuant to the measures proposed in the 2017 Budget, Parliament passed the Customs Amendment Bill, 2017, which amends the Customs Act, 2015 by abolishing customs duties on the importation of vehicular (including motorcycles and bicycles) spare parts. GHANA: VAT Flat Rate Scheme practice note issued The Ghana Revenue Authority published Practice Note No...

Is your pricing still arm's length? [VIDEO]
Arendt & Medernach, July 2017

What you need to know about Transfer Pricing in a 30-minute video entitled ''''Is your pricing still arms length?''''.     Transfer pricing - Is your pricing still arms length? #TAX from Arendt & Medernach on Vimeo.This video was realised during our Tax seminar, held on 29 March 2017.Should you require more information, please contact our partners in Tax Law: Thierry Lesage, Alain Goebel, Jan Neugebauer and Mehdi Fernane-Jallier...

BEPS Action 8 on Hard-to-Value Intangibles: Is This the Last Piece of the Puzzle Required by SARS to Issue its Updated Transfer Pricing Practice Note?
ENSafrica, July 2017

One of the main action items identified by South Africa’s National Treasury in its summary of the country’s position on the G20/Organisation for Economic Co-operation and Development (“OECD”) action plan on base erosion and profit shifting (“BEPS”), is the requirement for the South African Revenue Service (“SARS”) to update the Transfer Pricing Practice Note in line with the OECD Transfer Pricing Guidelines to include new guidance on the ar

A Manager Responsible for Work-Related Psychosocial Exposure Can Be Dismissed For Poor Performance
Jeantet, July 2017

A regional director was fired for poor performance.According to her dismissal letter, she was terminated because of her behavior that had led a number of co-workers to suffer from stress and harassment. More particularly, the letter pointed out her directive management style and her authoritative leadership, a lack of consistency and honesty, the fact that she aimed at discouraging her team members and did not treat them with respect using an insulting and degrading language...

The Lawfulness of Retrospective Amendments in Tax Law
ENSafrica, July 2017

On 29 May 2017, Judge Fabricius delivered judgment in the Gauteng High Court in the case of Pienaar Brothers (Pty) Ltd vs Commissioner for the South African Revenue Service and the Minister of Finance, in a case dealing with the Taxation Laws Amendment Act, 2007 (the “Amending Act”) which inserted section 44(9A) into the Income Tax Act, 1962 (the “Act”)...

The Dismissal of an Employee Repeatedly on Sick Leave is not Justified When it only Disturbs a Non-Essential Department of the Company
Jeantet, July 2017

An employee was fired after several sick leave periods, the last one of more than seven months. Her dismissal was based on the disturbance of the running of the prospecting and customer retention department that had resulted from her frequent and prolonged absences.She sued her employer before the labor court, seeking to have her dismissal declared unfair.The Court of Appeals rejected her claim...

SARS issues a further ruling on venture capital companies
ENSafrica, July 2017

On 6 June 2017, the South African Revenue Service (“SARS”) issued binding private ruling 274 (“BPR 274”). BPR 274 deals with a venture capital company (“VCC”) investing in a company providing and expanding plants for the generation of solar electricity. This brings the number of binding private rulings that SARS has issued in respect of venture capital companies to four...

Attention California Employers: Action Required for Ensuring Compliance with California’s “Day of Rest” Requirements
Haynes and Boone, LLP, July 2017

Under California law, employees are entitled to “one day’s rest therefrom in seven,” unless certain statutory exceptions apply. In Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017), the California Supreme Court addressed several ambiguities in the statutory language, giving employers much needed guidance on how to comply with California’s day of rest requirements...

BIR Guidelines on Credit/Debit/Prepaid Card Payment of Internal Revenue Taxes
SyCip Salazar Hernandez & Gatmaitan, July 2017

On January 12, 2016, Former Secretary of Finance Cesar Purisima issued Revenue Regulation ("RR") No. 3-2016 prescribing the policies and guidelines on the adoption of credit, debit, and prepaid cards as an additional mode of payment for internal revenue taxes. Credit, debit, and prepaid cards were made available as an additional mode of payment in order to ease the burden to taxpayers in the payment of their taxes...

Expediting Compulsory Land Acquisition: The Constitution (Amendment) Bill, 2017
ENSafrica, July 2017

Article 26 of the Ugandan Constitution enshrines the right to property and the protection from deprivation of property, subject only to the prompt payment of fair and adequate compensation prior to taking possession of the property...

Upcoming Mexico Anti-Corruption Law: What Does it Mean for Companies Doing Business in Mexico?
Haynes and Boone, LLP, July 2017

Two years ago, Mexico began a process to completely change the legal framework regulating anti-corruption in the country. On May 27, 2015, a Constitutional amendment was published in the Official Gazette of the Federation to create the new framework against corruption...

Wheelbarrow Pledge: Proposed Strate Rules Go Half Way
ENSafrica, July 2017

Recent proposed amendments to the rules of Strate, South Africa’s central securities depository (the “Strate Rules”) will effect a significant change to how uncertificated securities are pledged, but will not solve all of the problems that market participants hoped would be addressed...

PRIIPs KID: The Final Pieces of the Puzzle
Arendt & Medernach, July 2017

The pieces of the puzzle are finally falling into place. The long-awaited level 3 and 4 measures have been published earlier this week, half a year before the PRIIPs KID becomes compulsory.On 4 July 2017 the European Supervisory Authorities (ESAs) published a Questions and Answers document related to the PRIIPs KID which reverts to questions linked with the presentation, content and review of the KID, including the methodologies underpinning the risk, reward and costs information...

Copyright: Constantly Evolving
ENSafrica, July 2017

We’ve written a fair bit about copyright recently, and much of our focus has been on how the digital age has brought about a marked change in attitude towards copyright (often bordering on ignorance), and has made copyright infringement much easier. In this article, we look at two further examples that reflect this trend. We also look at proposed changes to South African copyright law.The first of our examples deals with sharing images...

Updates and Highlights in the Mexican Energy Sector, May-June 2017
Haynes and Boone, LLP, July 2017

As part of the implementation of the Mexican energy reform of 2013, several new regulations and administrative guidelines affecting the hydrocarbons and power industries were issued during May and June 2017. These are of particular importance to oil and gas producers, midstream companies, power generators, traders and others looking to invest or expand operations in Mexico’s dynamic energy sector. I. Hydrocarbons May 2, 2017...

Proposed Comprehensive Amendments to the JSE Debt Listings Requirements Move Closer to Implementation
ENSafrica, July 2017

On 30 June 2017, after an initial round of public commentary undertaken by the JSE Limited (“JSE”) on the proposed amendments to the JSE Debt Listings Requirements (“DLRs”), the South African Registrar of Securities Services announced that “Part 2” of the 2016 amendments are available on the Financial Services Board’s website for further public comment. The deadline to review and comment on the proposals is 14 July 2017...

Brazil: The IDB and Halal food
Veirano Advogados, July 2017

Brazil has a very small Muslim community. In any event, this is a country which, despite economic and/or political crises, foreign investors are always looking at. At this moment, one can see foreign investors acquiring assets in Brazil because of their low prices...

SCA Issues Important Judgment on Video Recordings During Van Breda Trial
ENSafrica, July 2017

  The trial of murder-accused Henri van Breda has attracted widespread media attention in recent months. Now, the Supreme Court of Appeal (“SCA”) has delivered an important judgment linked to the case regarding the media’s right to broadcast aspects of court proceedings – not only in the Van Breda case, but in other cases too...

The New Act to Prohibit and Prevent Genetic Discrimination
Lavery, de Billy, July 2017

In recent months, the Senate passed the Act to prohibit and prevent genetic discrimination (Genetic Non-Discrimination Act). This Act also amended the Canada Labour Code and the Canadian Human Rights Act. The new Act aims to regulate the use of genetic tests, namely, tests that analyze the DNA1, RNA2 or chromosomes of a person for predictive or monitoring purposes or for establishing a diagnosis or prognosis, mainly within a contractual framework...

Trade Marks in the Far East
ENSafrica, July 2017

  An increasing number of African companies do business in the Far East, and many of them register their trade marks in the region’s major markets. So, it’s interesting to look at trade mark developments in the major markets from time-to-time. In this article, we look at some recent decisions in China, India and Japan. China China is probably the major market for most African companies and we have discussed Chinese trade mark issues in a number of our articles...

Supreme Decree N° 2954 on Integral Waste Management
C.R. & F. Rojas Abogados, July 2017

Congress approved Supreme Decree Nº 2954, on Integral Waste Management (the “Regulation”) within the framework of article 344 of the Constitution, which provides that the State shall regulate the internment, production, commercialization and use of techniques, methods, input materials and substances that affect health and the environment...

Temporary Employment Services: The Labour Appeal Court Decides
ENSafrica, July 2017

Trade union opposition to the use of temporary employment services (“TESs”) – commonly referred to as labour brokers – and concerns that TES employees were not being accorded rights granted to them in terms of South African labour legislation, led to the introduction of amendments to the Labour Relations Act, 1995 (“LRA”) that came into force in January 2015...

Suspension and/or Blocking for the Access to Forest Origin Document - FOD Module
Veirano Advogados, July 2017

The Federal Environmental Agency (“IBAMA”) published Ordinance No. 01/2017, which provides for the improvement and unification of the procedures of suspension and/or blocking of the access to the Forest Origin Document (“FOD”) module.  FOD is an instrument of the National Control System of the Origin of Forest Products (“SINAFLOR”) for the control of transportation and storage of forest products.  In this sense, Ordinance No...

Google: Testing the Rules?
ENSafrica, July 2017

A highly unusual thing about Google, which according to Brand Finance has now become the world’s most valuable brand (USD109.4-billion), is that it is seemingly able to defy the rule that if your trade mark becomes a verb, you’ve pretty much lost the trade mark because it’s become generic...

Lao PDR : Challenges and Opportunities for Solar Power Development
DFDL, July 2017

 The hydropower ambitions of the Lao PDR are well known. The aspiring “battery of Asia”, the Lao PDR has proven successful at attracting and maintaining hydropower investment in recent years...

Tanzania Overhauls Legal and Regulatory Regime for the Extractive Industry
ENSafrica, July 2017

Tanzania has enacted three pieces of legislation that introduce sweeping changes to the legal and regulatory regime governing the natural resources extractive industry...

Australian Life Sciences and Biotech - Key Themes and Trends
MinterEllison, July 2017

The Australian life sciences and biotech sector is likely to continue its resurgence over the next twelve months, with global trends driving strong M&A activity in life sciences and biotech M&A. We have identified 6 key themes for activity in this sector.   Opportunities and Challenges – 6 Key Themes Three Key Opportunities 1...

When Without Prejudice Isn’t
ENSafrica, July 2017

The without prejudice rule has long been part of South African law. This rule provides that statements, including admissions of liability, made in an attempt to settle litigation between parties, are not admissible in subsequent litigation between them...

Supreme Court Holds that Securities Act Statute of Repose is not Subject to Equitable Tolling
Haynes and Boone, LLP, July 2017

On June 26, 2017, the Supreme Court held in California Public Employees’ Retirement System v. ANZ Securities, Inc., that the three-year time limit in the Securities Act of 1933 is a statute of repose that is not subject to equitable tolling. This means that shareholders will not be able to rely on the filing of a proposed class action lawsuit to suspend the running of a statute of repose on their individual claims...

What Does the Administration of Uganda Telecom Limited Mean for Creditors and Other Stakeholders?
ENSafrica, July 2017

  The recent administration of heavily indebted Uganda Telecom Limited (“UTL”) aims to achieve the best outcome for creditors and shareholders. Below, we unpack the implications of the administration for UTL’s creditors and other stakeholders...

Making The Most Of Leaner Times: A Contractor’s Guide to Common English Law Issues
Haynes and Boone, LLP, July 2017

Contractors who are managing to continue to operate in the offshore oil and gas sector have had some time to adjust their business models and modes of operation to the new commercial realities resulting from the lower oil price. However, the radically different economic circumstances of recent years continue to manifest themselves in challenging commercial scenarios quite unlike those experienced in the better times when the oil price was significantly higher...

Registered Designs: A Welcome Reminder
ENSafrica, July 2017

A recent decision involving registered designs is a reminder of how useful design law can be, in the sense that it can be used to protect an almost limitless range of products. The decision in the UK case of Ahmet Erol v Sumaira Javaid (Design) (a decision of the Appointed Person, 18 May 2017) does not create any law, but it does illustrate two things. The first is how registered designs can often be very low-tech...

Paternity Leave for Employees and Public Servants (Panama)
Morgan & Morgan, July 2017

On May 24, 2017, Act 27 of May 23rd, 2017 was published in the Official Gazette No. 28285-B of May 24th, 2017, which establishes the Paternity Leave, applicable both to employees of private sector, as well as to public servants, effective since May 25th, 2017.This Act, whose initiative was promoted by the Ministry of Labor, is based on the duty of the Panamanian state to protect the family, sacred in our Constitution...

Australian Food and Agribusiness 2017
MinterEllison, July 2017

 2017 is a year of opportunity and challenge for the Australian food and agribusiness sector. We anticipate an uplift in food and agribusiness M&A activity, and have identified 6 key themes that are likely to play out in the remainder of 2017. Opportunities and Challenges – 6 key themes Three Key Opportunities 1...

Aid Schemes for Research, Development and Innovation – Reform Entered into Force
Arendt & Medernach, July 2017

On 2nd June, the Grand-Duchy of Luxembourg published the new law on the renewal of aid schemes for research, development and innovation (hereafter, the “RDI”) and on the missions of the national Agency for the promotion of innovation and research. This law amends the Law of 5 June 2009 on the promotion of research, development and innovation.This reformed law aims at exploiting in Luxembourg all the potential offered by the EU rules related to State aid to RDI...

Israeli District Court Accepts the ITA Position and Sets New Acquisition Price for Tax Purposes Between Related Parties
Fischer Behar Chen Well Orion & Co., July 2017

We write to inform you about a precedent-setting ruling by a District Court in Israel in a case between Gteko, a subsidiary of Microsoft Corporation, and the Israel Tax Authority ("ITA") regarding a transaction for the sale and purchase of intellectual property assets and its valuation.In 2006, Microsoft acquired the entire share capital of Gteko for $90 million (pursuant to a "Share Agreement")...

New Procurement Rules for Argentina's Federal Public Administration
Estudio Beccar Varela, July 2017

The purpose of this article is to highlight the principal changes to the rules and procedures governing national public procurements in Argentina, introduced by Decree 1030/2016. The new Regulation does not introduce substantial changes to its predecessor, although it does include some relevant modifications.   Introduction In September 2016, the government of Argentina modified some of the rules and procedures governing national public procurement...

On the Procedure of Creation and Activity of the Representative Offices of Foreign Companies and Organizations on the Territory of the Republic of Belarus
VMP Vlasova Mikhel & Partners, July 2017

The Procedure of Creation The key legal acts governing the procedure on opening and functioning of representative offices of foreign organizations (hereinafter – the “RO”) on the territory of the Republic of Belarus are Article 51-1 of the Civil Code of the Republic of Belarus (entered into force by the Law No. 7-3 dated 03.05...

Employee's claim for adjustment was statute-barred
Plesner, June 2017

Following an industrial arbitration award in 2012, a teacher in an educational institution became aware that, for a long time, he had been subject to a wrong collective agreement and had therefore not received enough salary. Against this background, a dispute arose regarding, inter alia, adjustment of salary, overtime pay, holiday pay and pension contribution for the period 1 October 2007 - February 2009. Judgment of 30 May 2017 from the Danish Eastern High Court...

PRIIPs KID: A further piece to the puzzle
Arendt & Medernach, June 2017

The European Parliament and the Council of the EU have issued statements of non-objection to the revised draft RTS under the PRIIPs Regulation which were endorsed last month by the European Commission. Finally, the long-awaited level 2 measures have been agreed on and further guidance on level 3 as well as level 4 by the ESAs and the European Commission is expected in the near future...

Latest Development on BOEM’s Program for Financial Assurance Under NTL 2016-N01
Haynes and Boone, LLP, June 2017

On June 22, 2017, BOEM announced that, in light of the recent order of the Secretary of the Interior concerning its recent NTL 2016-N01 establishing a new program for financial assurance for decommissioning liabilities on the Outer Continental Shelf (OCS), it will extend the NTL implementation timeline beyond June 30, except in circumstances where there is a substantial risk of nonperformance of the interest holder’s decommissioning liabilities...

Favoring Slovenian Origin is Contrary to EU Law
Karanovic & Nikolic, June 2017

On the 8th of June, 2017, the Court of Justice of the European Union (CJEU) reached an important decision in the case Medisanus d.o.o. v General Hospital Murska Sobota (C-296/15) concerning public procurement procedures...

Federal Court Preliminarily Enjoins California Law that Prohibits Reporting Actors' Ages
Haynes and Boone, LLP, June 2017

California Assembly Bill 1687 (“AB 1687”) requires certain entertainment websites to remove a paid subscriber’s date of birth or age information upon request. This law applies to IMDb, the world’s largest online database of information about the entertainment industry...

Africa tax in brief
ENSafrica, June 2017

  ANGOLA: Working group for negotiation of investment protection agreements and tax treaties created   The Ministry of Economics and Finances and the Ministry of Foreign Affairs issued Joint Order No.205/17 on 27 April 2017, creating a technical working group to coordinate the negotiation of investment protection and double tax agreements. The working group will be responsible for guiding negotiations and reporting to relevant ministers...

The Supreme Court Resolves Key Sections of the Biosimilars Act in Sandoz v. Amgen
Haynes and Boone, LLP, June 2017

In recent months, in a unanimous decision authored by Justice Thomas, the Supreme Court issued its much-awaited decision in Sandoz Inc. v. Amgen Inc. et al., No 15-1039, considering two critical questions in the biosimilar approval mechanisms adopted in the Biologics Price Competition and Innovation Act of 2009 (“BPCIA” or “Biosimilars Act”)...

 

 

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