United States International Travel Policy Beginning November 8, 2021

 

United States International Travel Policy Beginning November 8, 2021:

Beginning November 8, 2021, international travelers who are neither United States citizens nor United States immigrants must be fully vaccinated against COVID-19 before traveling to the United States from a foreign country, unless they are subject to one of the limited exceptions mentioned below.

What does it mean to be “fully vaccinated” against COVID-19?

You are considered “fully vaccinated” against COVID-19 if it has been at least fourteen (14) days since receiving:
A. An accepted single-dose COVID-19 vaccine;
B. The second dose of an accepted 2-dose series;
C. The second dose of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least seventeen (17) days apart; or
D. The full series of an active COVID-19 vaccine in the U.S.-based AstraZeneca or Novavax COVID-19 vaccine trials.

Your last dose must have been given a full fourteen (14) days before the day you board your flight to the United States. For example, if your last dose was on October 1, 2021, then October 15, 2021, is the first day that you meet the fourteen (14) day requirement.

Which vaccines are “accepted”?

Vaccines approved or authorized by the U.S. Food and Drug Administration as well as vaccines listed for emergency use by the World Health Organization are accepted.

Vaccines approved or authorized by the U.S. Food and Drug Administration:

Single-dose: Janssen / J&J

Two-dose series: Pfizer-BioNTech, Moderna

Vaccines listed for emergency use by the World Health Organization:

Single-dose: Janssen / J&J

Two-dose series: Pfizer, Moderna, AstraZeneca, Covishield, BIBP/Sinopharm, Sinovac

What proof of vaccination is required to travel to the United States?

Three (3) types of documentation will be accepted as proof of vaccination by airlines:

1. Verifiable records (digital or paper). Examples include a vaccination certificate with a QR code and a digital pass via Smartphone application with a QR code. The United Kingdom National Health Service COVID Pass and the European Union Digital COVID Certificate both qualify as verifiable records.

2. Non-verifiable paper records. Examples include a printout of a COVID-19 vaccination record or a COVID-19 vaccination certificate issued at a national or subnational level or by an authorized vaccine provider. The United States Center for Disease Control vaccination card qualifies as a non-verifiable paper record.

3. Non-verifiable digital records. Examples include digital photos of vaccination card or record, downloaded vaccine record or vaccination certificate from an official source (such as a public health agency, government agency, or another authorized vaccine provider), or a mobile phone application without a QR code.

What information must be present on the proof of COVID-19 vaccination?

Each type of documentation must have the following information to constitute proof of COVID-19 vaccination:
1. Personal identifiers that match the personal identifiers on the traveler’s passport or other travel documents. The minimum personal identifiers required are full name and date of birth.
2. Name of official source issuing the record, such as the public health agency, government agency, or another authorized vaccine provider.
3. Name of vaccine manufacturer and the date(s) of vaccination.

Airlines should be contacted directly if you have questions about whether your documentation is sufficient.

Are there additional requirements?

Yes. In addition to providing proof of vaccination before boarding a flight to the United States, international travelers must also show proof of a negative COVID-19 test result taken no more than three (3) days before travel.

International travelers will be required to provide contact information to airlines before boarding flights to the United States for contact tracing purposes

International travelers will also be required to wear a mask over the nose and mouth in indoor areas of public transportation and in United States transportation hubs, including airplanes and airports.

What are the limited exceptions to the vaccination requirement?

There are limited exceptions to this requirement, including for:
– Children under the age of 18;
– Persons on diplomatic or official foreign government travel;
– Persons with documented medical contraindications to receiving a COVID-19 vaccine;
– Participants in certain COVID-19 trials;
– Persons issued a humanitarian or emergency exception;
– Persons with valid visas [excluding B-1 (business) or B-2 (tourism) visas] who are citizens of a foreign country with limited vaccine availability;
– Members of the U.S. armed forces or their spouses or children (under the age of 18);
– Sea crew members traveling pursuant to a C-1 and D nonimmigrant visa; and
– Persons whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees).

If you fall within one of the limited exceptions above, additional documentation may be required. Please contact BridgehouseLaw LLP at (980) 219-5200 for more information.

How To Renew Your Passport and Get One For The First Time

 

How To Renew Your Passport and Get One For The First Time

Many Americans are making plans to travel internationally as countries begin to relax their border policies. Because there was little ability to travel since the beginning of 2020, lots of people haven’t taken a look at the expiration date of their passport and are now finding out that it has expired or will expire soon. Many are also wanting to travel internationally for the first time and need to get a passport. This article is all about how to renew your passport or obtain a passport for the first time.

How to Renew Your Passport in a Hurry

Those who need to renew their passport quickly must schedule an in-person appointment at a local passport agency within three business days of your trip and pay an additional $60 fee to expedite the application process. You can book your appointment two weeks in advance. These in-person appointments are very limited but are the quickest way to renew your passport. Click here to find your closest passport agency.

If you are unable to get an in-person appointment at a passport agency, you can also expedite your passport by mail, but the process will be slower. Expediting a passport application by mail averages processing times between 4-12 weeks and still carries an additional $60 fee. If your upcoming trip is within the next few weeks or months, you may want to go the in-person route instead.

Passport Acceptance Fairs

For those who have never had a passport, there are many passport acceptance fairs throughout the United States intended to make it easier for people to obtain a passport. Click here to see the locations and dates of the fairs.

When to Renew Your Passport In-Person

If you have a passport and wish to renew, and are in no rush, the Department of State recommends renewing your passport by mail. Here you will find everything you need to submit your passport renewal application via mail.

There are certain situations where you are required to apply in person, such as first-time applicants, children, and those whose passports were last issued when they were under the age of 16. When going to an in-person passport center, be sure to call ahead to ensure the agency is open and inquire as to whether the agency requires appointments.

You can check the application status of your passport here.

Renewing Your Passport While Abroad

If you are overseas and you need to renew your passport to return to the United States, you can renew your passport at the U.S. Embassy of the country where you are located. Make sure to visit that embassy’s website to find the specific instructions on how to renew your passport while abroad.

Updating Your Passport Photo

If your physical appearance has changed significantly compared to your passport photo, you may be required to update it. You can take your passport photo yourself, but it must adhere to the Department of State’s guidelines. Those guidelines can be found here.

Getting a Passport for Someone Under 16

If you need to obtain a passport for someone under 16, click here for a list of all the documents required for your in-person appointment.

If you would like to get more updates about immigration, law, international business, and much more, click here to sign up for our newsletter!

To speak with our U.S. immigration team, email us at immigration.bridgehouselaw@gmail.com.

The U.S. Will Continue to Keep Travel Restrictions in Place

The U.S. Will Continue to Keep Travel Restrictions in Place

Because of growing COVID-19 cases in the United States and throughout the world caused by the delta variant, the United States will not lift travel restrictions just yet.

Countries affected by the travel restrictions are:

• China
• Iran
• The European Schengen Area*
• The United Kingdom**
• The Republic of Ireland
• Brazil
• South Africa
• India

The travel restrictions against these countries were set in place in March 2020 by President Trump, and reinstated by President Biden in January, once he took office.

The decision to keep the travel restrictions in place comes just over a month after the European Union added the United States to their list of recommended countries where travel restrictions should be gradually lifted. That list is not legally binding, but rather a suggestion which each member state of the E.U. decides on their own to implement or not.

Just last week, the United States also extended their land border restrictions on nonessential travel to Canada and Mexico through August 21st, even though Canada is planning on reopening its borders to vaccinated Americans on August 9th.

Many are unhappy with the decision to keep travel restrictions in place, citing the high vaccination rates as a reason for easing restrictions. German Chancellor Angela Merkel implored President Biden to lift the U.S. travel restrictions during her trip to Washington D.C. on July 15th.

Many travel industry executives also have pleaded with the White House to lift travel restrictions, including the CEOs of Delta Airlines and American Airlines.

It is currently unclear how long it will be until the United States lifts its travel restrictions.

How to Travel to the United States Despite Travel Restrictions

The National Interest Exception (NIE) still seems to be the best way for many people to travel to the U.S. despite the travel restrictions if they fit the criteria. To learn more about the NIE and how to obtain one, click here.

If you would like to get in contact with our U.S. immigration team, email us at immigration.bridgehouselaw@gmail.com

Subscribe to our newsletter for more up-to-date information about immigration, international business, law, and more!

* Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, and Vatican City

** England, Scotland, Wales, and Northern Ireland

Important NIE Update – NIEs Automatically Extended For 12 Months

 

IMPORTANT NIE UPDATE – Covid-19 Travel Ban-related NIEs Auto-extended for 12 Months from Approval

 

On July 6, 2021, the U.S. Department of State (DOS) announced that travel ban-related National Interest Exceptions (NIEs) issued in the last 12 months will be automatically extended for 12 months from the date of approval, and for multiple entries. The extension is only valid so long as the purpose for travel remains the same as the purpose under which the NIE was granted. This NIE extension applies to travelers located in the following locations: China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India.

If You Have An Existing NIE

For those with existing NIEs, this extension applies retroactively from the date that your NIE was granted. Based on communications with various U.S. consular posts, it appears that no additional steps are needed to effectuate this extension, though we encourage each NIE recipient to confirm the extension process with the issuing consular post. The U.S. consulate in Frankfurt, Germany, has confirmed that its NIE recipients should re-print the NIE approval email from the U.S. consular post or reference the “NIE” annotation on the visa if issued with such an annotation. Please note, the 12-month and multiple entry extension is only valid so long as the purpose of your travel remains the same as the purpose for which the NIE was granted.

If You Do Not Have An NIE Yet 

For those who have not yet applied for or received initial NIE approval, the above extension would apply automatically from the date of your approval. This extension does not affect the NIE application or approval process. NIE applicants still cannot be located in the U.S. when applying, meaning those currently in the U.S. will still need to depart the U.S. before applying, as has been the case since the NIE program began. The NIE extension also does not affect the qualifications that the applicant must possess to receive NIE approval: vital support or executive direction to companies involved with U.S. critical infrastructure, vital support or executive direction for significant economic activity in the U.S., extraordinary humanitarian circumstances, medical or national security support, etc.

If you have any questions regarding the new NIE guidance, please contact our firm at immigration.bridgehouselaw@gmail.com. For those interested in updates on this new guidance, please subscribe to our newsletter. We will send updates through the newsletter as more information becomes available.  

College Athletes Can Now Earn Money Off Their Name, Image, and Likeness

 

College Athletes Can Now Earn Money Off Their Name, Image, and Likeness

July 1, 2021, will forever be an impactful date in the history of college sports as the US Supreme Court motions to overturn NCAA rules which, up until this point, have limited the educational benefits offered to college athletes. These long-standing rules have denied players various forms of monetary compensation that would be earned from the revenue produced by the “name, image, and likeness” of said athletes.

At the basis of the Supreme Court’s decision is the argument that these rules, implemented by the NCAA, violate the nation’s antitrust laws. However, the NCAA states that these rules should be exempt from the normal operation of the antitrust laws as they are in place to preserve the amateur nature of this college sport. Additionally, they argue that this preservation is essential as it gives the consumers a wider variety of viewing options- either college sports or professional sports.

The opposition to this ruling speculates that this is a huge loss for the NCAA and could potentially drastically change the amateurism model the league has operated with for years. This matter begs the question: will fans still be as charismatic and excited when watching these college games? However, the athletes argue that the multi-billion dollar business that the NCAA has become should rightfully compensate those bringing in the vast majority of the revenue. Additionally, they contend that, just like any other business in the United States, the NCAA must agree to pay their workers, in this case, the athletes, a fair market rate. They state that “the NCAA is not above the law.”

For more articles about international business, law, and much more, check out our blog!

The Supreme Court Rules on NCAA Athlete Compensation

 

The Supreme Court Rules on NCAA Athlete Compensation

In the United States, college athletes go through rigorous training and other demands for no pay. The NCAA is the organization that oversees college athletics and makes/enforces the rules for the players. In a recent US Supreme Court Ruling, the court unanimously ruled against the NCAA on their rule that prohibited college athletes from receiving modest, education-related compensation, payments, or benefits.

This ruling does not mean that student-athletes can now get paid a salary, but schools can now offer student-athletes certain benefits such as scholarships for graduate school, computer equipment, access to paid internships, study abroad opportunities, and more. The plaintiffs argued that the NCAA violated antitrust laws by restricting athletes from receiving fair-market compensation for their work.

The at the NCAA argued that the athletes are amateurs and that compensating student-athletes would blur the line between college and professional sports, affecting the demand for college sports. The court ruled that these NCAA rules are not necessary to differentiate college and professional sports.

The Court’s Ruling

Justice Neil Gorsuch, the author of this Supreme Court opinion, stated that the NCAA “seeks immunity from the normal operation of the antitrust laws”.

Justice Brett Kavanaugh wrote a separate concurring opinion on the matter. Justice Kavanaugh is an avid sports fan who coaches his daughter’s basketball team and once tried out for the Yale basketball team, so he seems to be quite passionate about the matter. In his article, he wrote that “Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on a theory that their product is defined by not paying their workers a fair market rate”. He also added that “The NCAA is not above the law.”

The ruling was on a fairly narrow question but could open the doors to a much larger ruling down the road involving non-academic compensation to athletes.

Another massive change that will benefit student-athletes is coming on July 1st. At least six states (Alabama, Florida, Georgia, Mississippi, New Mexico, and Texas) will pass laws that will allow college athletes to make money from their name, image, and likeness. This will allow players to do things like sign endorsement deals, participate in paid promotions on social media, sell autographs, and more. The NCAA is also trying to come up with their own rules which will allow college athletes to make money off of their name, image, or likeness.

This is potentially a groundbreaking ruling for college sports and could change the landscape of recruiting and where athletes decide to attend college.

Read our blog for more updates on topics regarding international business, law, and more!

If you would like to speak with one of our attorneys, contact us!

Update Regarding International Travel

 

Update Regarding International Travel

           As the United States moves closer to lifting the travel ban and with many individuals hoping to begin traveling in and out of the country, it is crucial to remain up-to-date with the newest policies and regulations regarding visas. Staying informed about this ever-changing information will allow individuals to travel internationally to avoid encountering unforeseen problems that may hinder one’s plans. 

           Many speculate that within the year 2021, international travel to and from the United States will once again return to what we may remember as “normal.” However, given that combating the spread of COVID-19 is still a prominent issue, this version of “normal” may still seem relatively different. There are still a few noteworthy changes to keep an eye out for when planning for travel.202

Traveling to the United States

           Moving forward, when the travel ban in the United States is officially lifted, individuals traveling from countries that are currently under a Covid-19-related travel ban will no longer be required to obtain special, advance permission to enter the United States, such as a National Interest Exception. Additionally, demonstrating a basis for a travel ban exemption, such as being a spouse of a U.S. citizen, or being a parent of a minor child U.S. citizen, will no longer be required at that time.

            While many changes in travel policies are presumed to occur in the upcoming months, it is important to remember that United States embassies and consulates will continue to exercise caution about a return to “normal”. That being said, these embassies and consulates are currently addressing many, many requests for emergency appointments for individuals to obtain necessary visas. Unfortunately, given the nature of the pandemic and the influx of such requests, the majority of these emergency appointment requests are denied. However, making a general visa appointment at an embassy or consulate may be easier following the initial lowering of restrictions and the “re-opening” of regular or more regular consular processing. Currently, general visa interview appointments at many consular posts are scheduled for months from now – meaning visa renewal in the current environment and foreseeable future will be a challenge. Please plan far ahead if you plan to travel outside the United States to obtain a new visa or renew an expiring visa.

Re-entering the United States

           Regarding the United States’ policies about re-entry, much is still unknown and, more so, subject to change. The United States may require COVID-19 vaccination when returning to the country after international travel. Further, a negative COVID-19 test continues to be required for all individuals 2 years of age or older who are re-entering the country. 

           The impact COVID-19 has had on international travel is obvious, and because of the fact that some of these policies are more than likely to change in the upcoming weeks and months, it is important to stay up-to-date with the latest changes in travel requirements. 

           If you have questions regarding your immigration status or how to obtain or renew a visa, do not hesitate to contact our firm.

 

Updates to Approved NIE Categories

Making it Easier for Business Travelers to Enter the United States

The Department of State has recently announced new categories of travel for potential National Interest Exception (NIE) approval in relation to Covid-19-related travel restrictions. This update may allow for more people to enter the United States if they meet the criteria addressed in this article.

On March 2, 2021, the Secretary of State revised eligibility for the NIE program, making it considerably more restrictive than previously – and largely eliminating business travel as a category of travel eligible for NIE consideration.

New NIE Updates

The new guidance released on June 4, 2021, builds upon the March 2 policy change by granting new eligibility to those traveling to the U.S. to provide vital support or executive direction for critical infrastructure or significant economic activity.

Critical Infrastructure

The Department of Homeland Security defines these sectors as critical infrastructure:

Chemical, commercial facilities, communications, critical manufacturing, dams, defense industrial bases, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water/wastewater systems.

Significant Economic Activity 

The Department of State defines significant economic activity in the United States as:

• Travel to support a large entertainment production conducted in the United States that would not go on without the traveler.

• Travel by highly specialized professionals or experts to install, service, maintain or receive the necessary training for vessels, machinery, and other critical equipment required by U.S. and foreign firms with a substantial investment in the United States.

• Travel by executives and senior-level employees providing strategy and direction to the U.S. and foreign firms with a substantial investment in the United States.

What Does This Mean for Me?

NIEs are still approved on a case-by-case basis, but this recent update has relaxed NIE requirements from the March 2 policy update to an extent, thereby making it easier for high-level business travelers and E-2 visa holders to get approved.

The NIE remains only valid for 30 days and is a one-time entry to the United States and must be applied for and approved every time you wish to enter the country.

If you would like to apply for an NIE, contact our Charlotte office’s immigration team!

Get more US travel updates here.

Teilnahme an den Bundestagswahlen im Ausland

 

Teilnahme an den Bundestagswahlen im Ausland

Im Ausland lebende deutsche Staatsbürger, die nicht zur Stimmabgabe in Deutschland registriert sind, werden nicht automatisch in das Wählerverzeichnis eingetragen. Wenn Sie bei den Bundestagswahlen 2021 wählen möchten, aber im Ausland leben, müssen Sie vor jeder Wahl einen schriftlichen Antrag auf Aufnahme in das Wählerverzeichnis stellen.

Der Antrag muss vom Antragsteller ausgedruckt und von Hand unterschrieben werden. Die Originalkopie des Antrags muss an die Gemeinde gesendet werden, in der Sie zuletzt gelebt haben, bevor Sie Deutschland verlassen haben.

Wenn Sie mindestens drei Monate nicht in Deutschland gelebt haben, muss der Antrag bei der Gemeinde eingereicht werden, mit der Sie am meisten verbunden sind (wahrscheinlich woher Ihre Familie stammt). Die Adressen der einzelnen Gemeinden finden Sie hier.

Um offiziell für das Wählerverzeichnis registriert zu werden, muss der Antrag spätestens 21 Tage vor der Wahl bei der deutschen Gemeinde eingehen. Dies ist eine strenge Frist und wird nicht verlängert.

Bundestagswahl 2021: 26. September 2021.

Frist für den Eingang Ihrer Bewerbung bei der deutschen Gemeinde: 5. September 2021.

Den Antrag auf Registrierung des Wählerverzeichnisses finden Sie hier.

Unser Rat

Wenn Sie abstimmen möchten, empfehlen wir Ihnen, Ihre Bewerbung so bald wie möglich einzureichen (je eher, desto besser!)

Warten Sie nicht bis zum 5. September 2021, um Ihre Bewerbung einzureichen. Sie müssen auch die Zeit berücksichtigen, die der Antrag benötigt, um nach Deutschland mit der Post geliefert zu werden. Registrieren Sie sich so schnell wie möglich, um sicherzustellen, dass Sie die Möglichkeit haben, zu wählen.

Sind Sie wahlberechtigt?

Um wahlberechtigt zu sein, müssen Sie im Alter von 14 Jahren oder älter mindestens drei aufeinanderfolgende Monate in der Bundesrepublik Deutschland gelebt haben. Dieser Aufenthalt muss innerhalb der letzten 25 Jahre stattgefunden haben.

Oder

Wenn Sie sich aus anderen Gründen persönlich und direkt mit der politischen Situation Deutschlands vertraut gemacht haben und von dieser politischen Situation betroffen sind.

Dies kann schwierig zu bestimmen sein und es bleibt den einzelnen Gemeinden überlassen, zu entscheiden, ob jemand wahlberechtigt ist oder nicht. Ein Beispiel dafür, wie jemand wahlberechtigt sein könnte, ist, wenn er regelmäßig zur Arbeit nach Deutschland pendelt, weil beispielsweise eine Beschäftigung für eine amerikanische Tochtergesellschaft erfolgt. Dies ist nur ein mögliches Beispiel, es gibt hier keine gesicherte Rechtsprechung und dient daher nur der Erläuterung.  In jedem Fall obliegt die Entscheidung liegt bei Ihrer Gemeinde.

Sehr gerne beraten wir bei der Gestaltung der entsprechenden Dokumentation, für den Fall, dass Sie länger als 25 Jahre nicht in Deutschland gelebt haben.

Lesen Sie hier mehr.

Banksy Lost a Trademark Battle in the E.U.

 

Banksy Lost a Trademark Battle in the E.U.

After Quotes From His Past Come Back to Haunt Him

The famous and mysterious street artist Banksy lost a trademark battle with Full Color Black's greeting card company. The European Union Intellectual Property Office (EUIPO) ruled that the trademark of one of Banksy’s paintings is invalid. What makes things worse is that Banksy and his lawyer could be the ones to blame for their loss.

The trademark in question is of one of Banksy’s most famous pieces of art: Laugh Now. The artwork depicts a monkey with a sign which states Laugh now, but one day we’ll be in charge.

The greeting card company Full Colour Black specializes in street art greeting cards. Full Colour Black uses the same image as Laugh Now but changes the wording on the sign to quotes such as Bald Is Best and I Bought It on Expenses.

How Banky’s Own Words Were Used Against Him

Pest Control, the company in charge of certifying the authenticity of Banksy’s art, filed for a trademark claim with the EUIPO. Full Colour Black then fought back on this claim, calling for a cancellation of the trademark. They argued that the trademark was non-distinctive and filed in bad faith.

Additionally, Full Colour Black argued that the artwork was spray-painted in a public place where it was free to be photographed and spread by the public. The ruling states that “Banksy permitted parties to disseminate his work and even provided high-resolution versions of his work on his website and invited the public to download them and produce their own items.”

In his own book Wall and Piece, Banksy says that “copyright is for losers”.

Banksy is also an anonymous artist. The ruling states that “It is also noted that as Banksy has chosen to be anonymous and cannot be identified this would hinder him from being able to protect this piece of art under copyright laws without identifying himself while identifying himself would take away from the secretive persona which propels his fame and success”.

Pest Control has presented other trademark applications to the EUIPO, but most, if not all, will likely get denied.

Follow our blog for more!

If you would like to speak to one of our trademark attorneys, contact us!

The E.U. Is Reopening to Vaccinated Visitors

 

The E.U. Is Reopening to Vaccinated Visitors

The E.U. announced today that it is reopening its borders to fully vaccinated visitors or travelers from countries deemed safe by officials. The announcement could go into effect by next week. This announcement could go into effect by next week, just in time for summer tourism.

Many representatives are excited about this agreement, especially those from countries that heavily rely on tourists, like Greece who has already reopened its borders to foreign tourists in hopes to jump-start its economy. All 27 countries within the European Union agreed to this ruling, but each country does retain the right to tweak the rules in a stricter way, such as making visitors quarantine or prove a recent negative COVID test.

The European Union is keeping an emergency brake option on this ruling. The emergency brake option will allow the E.U. to easily switch back to stricter travel regulations if there is a sudden spike in cases or any other emergency created by the virus.

Which Vaccines Are Allowed?

The European Union will recognize any vaccine approved by its regulators or the World Health Organization. Those vaccines are the AstraZeneca, Johnson & Johnson, Moderna, Pfizer-BioNTech, and Sinopharm vaccines. The United States uses Johnson & Johnson, Moderna, and Pfizer, so any vaccine issued in the United States is accepted by the European Union.

The list of countries deemed safe by the European Union will likely get finalized by the end of the week. If a country (like the United States) is not on the list, vaccinated individuals can still travel there, but those who are unvaccinated cannot, at least not without being tested or forced to quarantine.

Check out the rest of our blog for updates on international business, law, and more!

If you are interested in speaking with our attorneys on topics such as immigration, visas, green cards, incorporation, mergers and acquisitions, employment, and more, contact us!

Get more updates on the E.U. reopening here.

The Gas Shortage Caused A State of Emergency in North Carolina

 

The Gas Shortage Caused A State of Emergency in North Carolina

How Are They Handling It?

Due to the ransomware cyber-attack on the Colonial Pipeline, the Governors of North Carolina, Virginia, Georgia, and Florida declared a state of emergency. The Colonial Pipeline supplies over 45% of the fuel to the east coast, causing a massive gasoline shortage in many States.

North Carolina’s Governor, Roy Cooper, declared a state of emergency on May 10, 2021. As of publishing this (May 14, 2021), the Colonial Pipeline is back online, but many gas stations are still out of gasoline because of frantic buying.

To speed up the recovery process, North Carolina’s Executive Order 213 not only declared a state of emergency but also temporarily suspended certain regulations for fuel trucks and their drivers.

Suspended Regulations

The Executive Order waives many safety regulations for truckers carrying gasoline. Including maximum hours a trucker can drive. Normally, a trucker in North Carolina can only drive 11 hours within a 14-hour window and must wait another 10 hours before driving again.

Another waived regulation is the size and weight regulations and penalties for vehicles supporting the emergency relief efforts to the state by transporting gasoline, diesel, jet fuel, and other refined petroleum. Not all size and weight regulations/penalties have gotten waived. To find out about the regulations, click here.

These waived rules will be in place for 30 days or until the end of the state of emergency, whatever is less.

Liability

The government placed these restrictions on truck drivers to limit crashes caused by tired drivers or oversized trucks. With these regulations temporarily waived, it leads to the question of liability if there is a crash involving a trucker.

Right now, it is not clear who the bulk of the liability will fall on. Will it be the truck driver? The trucking company? The government? Hopefully, we don’t have a situation like this play out, but it is always good to think ahead.

Read our other blogs for updates on global business, law, and more!

Debris From a Chinese Rocket Is Falling Towards Earth

 

Debris From a Chinese Rocket Is Falling Towards Earth

Who Is Liable If It Injures Someone?

Photo: STR/AFP

Long March 5B is a Chinese rocket launched into space on April 28th. Now, debris from the rocket is expected to crash back down to earth, with the largest piece of debris being around 100 feet long (the length of a basketball court). If it manages to land on earth, it will be one of the largest pieces of space debris ever to do so.

When will this happen? It is uncertain, but it’s speculated to occur between late Saturday (5/8) and early Sunday (5/9). It is also entirely unknown where the debris will land. Estimates say that the landing will be between 41.5 degrees North and 41.5 degrees south. Roughly between New York City and New Zealand. As a law firm, our attorneys’ immediate thoughts were: “who is liable if the debris causes damages or injures?”

Who is Liable?

There are clear rules on this since human-made space debris is nothing new. Just last year, Long March 5B also dropped space debris on the African Nation the Ivory Coast. In 1979, fragments of the US space station, Skylab, crashed onto Australia, and the year prior, a Soviet satellite, Cosmos 954, fell onto Canada, leaving radioactive debris all over the area.

International Space laws provide a compensation plan for human-made space debris that falls to earth. This law was enacted during the 1972 liability convention by the UN and places liability on the “launching state” for damages caused by the debris. In this particular situation, this would cast liability onto China. This law has only been enacted once before and that was on the Soviet Union when their satellite fell onto Canada.

It is unlikely that the debris will cause any damages or injuries, however. The earth is 70% water, and if the debris does hit land, most of the land on earth is uninhabited.

Check out more of our blog here!

Check out our Morning Musing on this same topic!