#self ratification scheme

[dgftguru]

Updates and Changes in the Advance Authorization Scheme 2024

The Advance Authorization Scheme, administered by the Directorate General of Foreign Trade (DGFT) in India, is a critical facilitator for businesses involved in the import and export sector. This scheme allows duty-free import of inputs, which are physically incorporated into export products. In 2024, several updates and changes have been introduced to the Advance Authorization Scheme, aiming to enhance its efficiency, broaden its scope, and streamline processes for exporters. Here's an in-depth look at these significant updates.

Overview of the Advance Authorization Scheme

Before diving into the changes, it's essential to understand the core objectives and benefits of the Advance Authorization Scheme. This scheme allows exporters to import raw materials, components, and other inputs without paying customs duty, provided these inputs are used in the production of goods meant for export. The primary benefits include:

Cost Reduction: Duty-free import reduces the cost of raw materials.

Improved Competitiveness: Lower production costs enhance the competitiveness of Indian exports in the global market.

Flexibility: The scheme covers a wide range of industries and products, offering flexibility to exporters.

Key Updates and Changes in 2024

Expansion of Eligible Products

One of the most significant changes in 2024 is the expansion of the list of eligible products under the Advance Authorization Scheme. This move is aimed at including more sectors, particularly those that have shown potential for growth and export. New categories have been added, making it possible for more exporters to benefit from duty-free imports.

Digitalisation and Process Simplification

The DGFT has made considerable strides in digitalizing the application and approval process for the Advance Authorization Scheme. Key changes include:

Online Applications: Exporters can now submit applications online, reducing paperwork and processing time.

E-Verification: The introduction of e-verification for documents ensures quicker approvals and minimizes delays.

Track Application Status: Exporters can now track the status of their applications in real time, enhancing transparency and efficiency.

Revised Norms for Input-Output Ratios

The input-output norms, which specify the quantity of inputs required to produce a unit of export product, have been revised. This update ensures that the norms are aligned with current industry standards and technological advancements. Exporters must adhere to these revised norms to qualify for duty exemptions.

Introduction of a Self-Ratification Scheme

In 2024, the DGFT introduced a self-ratification scheme for exporters with a proven track record. Under this scheme, eligible exporters can self-certify the input-output norms, significantly speeding up the approval process. This move is expected to benefit experienced exporters by reducing bureaucratic hurdles.

Enhanced Monitoring and Compliance

To ensure the integrity of the Advance Authorization Scheme, the DGFT has enhanced its monitoring and compliance mechanisms. Key measures include:

Regular Audits: Periodic audits of exporters availing of the scheme to ensure compliance with the terms and conditions.

Stricter Penalties: Introduction of stricter penalties for non-compliance and misuse of the scheme.

Data Analytics: Use of data analytics to identify patterns and anomalies, ensuring the scheme is not exploited.

Focus on Sustainability

Recognizing the global shift towards sustainability, the Advance Authorization Scheme includes provisions to encourage environmentally sustainable practices. Exporters adopting green manufacturing processes and sustainable sourcing of inputs may receive additional benefits or faster approvals. This change aligns with India's commitment to sustainable development goals (SDGs).

Impact on Exporters

The updates and changes in the Advance Authorization Scheme 2024 are poised to have a substantial impact on exporters:

Increased Accessibility: With more products and sectors included, a larger number of exporters can now benefit from duty-free imports.

Efficiency Gains: Digitalisation and process simplification reduce administrative burdens and accelerate the approval process.

Cost Savings: Revised input-output norms and the self-ratification scheme can lead to significant cost savings for exporters.

Sustainable Practices: Encouragement of sustainable practices aligns exporters with global trends and may open up new market opportunities.

Steps for Exporters to Leverage the Updates

To maximize the benefits of the Advance Authorization Scheme, exporters should:

Stay Informed: Regularly check updates from the DGFT to stay informed about changes in eligibility, norms, and processes.

Leverage Digital Platforms: Utilize the DGFT's online application portal for efficient submission and tracking of applications.

Adopt Best Practices: Ensure compliance with revised norms and consider adopting sustainable manufacturing practices.

Prepare for Audits: Maintain thorough records and be prepared for periodic audits to demonstrate compliance.

Conclusion

The updates and changes in the Advance Authorization Scheme are designed to enhance its effectiveness, broaden its reach, and align with global trends in sustainability and digitalisation. By understanding and leveraging these changes, Indian exporters can reduce costs, improve efficiency, and increase their competitiveness in the global market. Staying informed and compliant with the updated norms will be crucial for maximizing the benefits of this vital scheme.

[fuckyeahmarxismleninism]

January 10, 2019

The Filipino people convey their warmest greetings of solidarity to His Excellency, President Nicolas Maduro Moros and the heroic Venezuelan people on the very significant event of the Acts of Taking Possession by President Nicolas Maduro Moros for the period of Government 2019-2025.

This formal taking possession of the Government of the Bolivarian Republic of Venezuela on January 10, 2019 is once more a ratification of the democratic character of the Bolivarian Republic.

The Filipino people who are waging a revolutionary struggle against US imperialism for the past 50 years, declare their firm solidarity with President Nicolas Maduro Moros and the valiant Venezuelan people.

We are one with you, together with numerous revolutionary, anti-imperialist and progressive organizations and peoples throughout the world, in firmly supporting your strong defense of your independence and sovereignty. We condemn the economic sabotage and military interventionist schemes of US imperalsm and its vile cohorts.

We have been privileged to witness the very effective pro-people programs of the Bolivarian Republic led by the great Comandante Hugo Chavez Frias and President Nicolas Maduro Moros. We have been deeply impressed by the building of more than two million homes for the poor,

the program to provide food to the population at affordable prices, and the completely free health service and other popular programs. We experienced the inspiring self-reliant programs of the people’s communes in Nueva Tacagua and El Limon.

We declare with the deepest conviction that the Bolivarian Republcic of Venezuela and the heroic Venezuelan people will defeat the vicious schemes of US imperialism and its cohorts, and be victorious in continuing to assert and defend the independence and sovereignty of the Bolivarian Republic.

Long live President Nicolas Maduro Moros and the valiant Venezuelan people!

Long live the inspiration and legacy of the Great Liberator Simon Bolivar and Comandante Hugo Chavez Frias!

Long live the Bolivarian Republic of Venezuela!

Long live the international solidarity of peoples fighting imperialism and striving for socialism!

Luis G. Jalandoni Chief International Representative Member, National Executive Committee National Democratic Front of the Philippines

[ikargos]

Benefits of certificate under AEO scheme

AEO  offers a number of  benefits , including lower rate of physical inspections of imported / exported goods, faster release of shipments, preferential treatment by Customs Authorities, and deferred payment of duties, to the companies that meet compliance criteria and demonstrate the security of supply chain.

Note: In terms of customs Notification No. 135/2016-Customs, Importers certified under Authorized Economic Operator programme as AEO (Tier-Two) and AEO (Tier-Three) are entitled for payment of duty under deferred payment scheme, means option of deferred payment is extended only to AEO-T2 and AEO-T3 certificate holder.

Benefits for AEO under Advance Authorization scheme of under Foreign Trade Policy (AEO LO)

AEO status holder shall be issued advance authorization on self-certification and declaration basis without ratification by the Norms Committee.

Logistic Service Providers:

Waiver of bank Guarantee.

Facility of Execution of running bond.

Exemption from permission in case of transit of goods.

In case of international transhipped cargo (Foreign to Foreign), for the pre-sorted containers wherein Cargo does not require segregation, ramp to ramp or tail to tail transfer of cargo can be affected without Customs escorts.

Customs Brokers

Waiver of Bank Guarantee

Extended validity (till validity of AEO status) of licenses

System Manager to incorporate date of validity of AEO from time to time in the System Directory

Waiver from fee for renewal of license.

Warehouse Operators

Faster approval for new warehouses within 7 days of submission of complete documents

Waiver of antecedent verification envisaged for grant of license for warehouse under circular 26/2016

Waiver of solvency certificate requirement under circular 24/2016

Waiver of security for obtaining extension in warehousing period under circular 21/2016

Waiver of security required for warehousing of sensitive goods under circular 21/2016

Custodians or Terminal Operators

Waiver of bank Guarantee

Extension of approval for custodians under regulation 10 (2) of the 'Handling of cargo in Customs Area Regulation 2009' for period of 10 years.

For more details mail us on : info@ikargos.com  and  certification@ikargos.com   

In a hurry to get the AEO certification ? Fill up this form  , or click here  or call Kapish at +91-9971770603 & +91-8802601212

For more on AEO read our other BLOGS:  

WHAT IS AEO?  

LIST OF DOCUMENTS    

 FAQ's 

AUTO - RENEWAL FOR TIER 1 AEO LICENSE

[tremendouspeachduck]

Dumb pipeline conversation

We’re Energy Independent - Yeah!  It’s now time to get out of the U.N.

If Canada wants oil to get to Mexico, then USA can benefit. 

Canada will do it with or without our putting people back to work

Yes, there will be spills to clean up

Don't you just love logic? 

Let's praise Pres. Trump for turning it around for us 

 Is energy independence important to you?  It means low gas prices at the pump.

To be truly energy independent, the United States would need to produce enough energy to sustain the entirety of its population and industry. Such independence seemed like a far off goal not too long ago. However, innovations in sustainable energy and the recent shale gas boom have made the idea of an energy independent future seem more attainable.

As it seems more and more possible for the United States to achieve energy independence in the not-so-distant future, it’s important to remember that this process is complicated. Though it can be achieved in different ways to different effects, energy independence will require the US to radically re-envision the way it supplies and uses energy.

Energy independence also boasts possible geopolitical benefits. The United States imports most of its energy from countries where political tensions run high. Saudi Arabia, Iraq, China and Russia are all huge exporters of energy, and this has put the United States in more than one awkward position over the years.

In addition to the amount of defense money spent protecting US oil interests abroad, relying on foreign oil has prevented the US and other countries from intervening in conflicts around the world. Europe’s lack of intervention when Russia annexed Crimea is just one example of energy stability influencing foreign policy decisions for the worse.

Energy independence could free the United States from fear of trade retaliation when making foreign policy decisions. This would make it easier for the US and other energy independent countries to boycott or otherwise intervene in unjust systems and governments.  It would also give other oil producers more claim over their own energy.

as of 2018, October - the USA has become energy independent - Hurrray!  Thank you Pres. Trump

What  comes next?  Before this resource is depleted, we must retire the notion of fossil fuels and move toward wind, solar, or hydro.  I prefer hydro; it has the least bad side effects.

DEMS would eliminate nearly all fossil fuels from the electric grid and force everyone in the country to buy from power companies selling only renewable energy.

Without government subsidies, renewable energy costs significantly more than many forms of traditional energy generation. 

Electricity prices are, on average, increasing by 50 percent faster in those states that have created renewable power mandates compared to those that have rejected these economically destructive policies. This is especially troubling news for working-class and lower-income Americans, who spend much larger shares of their income on energy than wealthier families.

Not only are DEMs proposing to eliminate the hundreds of thousands of jobs in the fossil fuel industry in the United States, even though America recently became a net-energy exporter, they are demanding this transition occur in just 10 years, from 2020 to 2030. This mandate would be virtually impossible to achieve because wind and solar energy sources still rely on back-up generation from fossil-fuel-powered energy when the wind isn’t blowing and the sun isn’t shining.

DEMs also propose “eliminating greenhouse gas emissions from the manufacturing, agricultural and other industries, including by investing in local-scale agriculture in communities across the country,” as well as “eliminating greenhouse gas emissions from, repairing and improving transportation and other infrastructure, and upgrading water infrastructure to ensure universal access to clean water.” It’s not clear whether this would eventually mean the elimination of all gasoline-powered cars, but even if we assume private ownership of these vehicles would be permitted, the removal of affordable fossil fuels, including natural gas, from all industry would increase the cost of developing, manufacturing, and delivering all goods and services in the country. It would force companies to spend, at the very least, hundreds of billions of additional dollars more than they do now — expenses that would inevitably be passed along to consumers by raising taxes, printing money, and creating new publicly owned banks.

Please send an email to your Senator and to your House rep ASAP!  You can cut/paste the VOTE NO message into your email.   You may also phone the United States Capitol switchboard at (202) 224-3121 - plz be nice to the volunteer.  Also send this message to Pres. Trump.

VOTE NO on Green Deal.  The biggest reason I can think of - WE ALREADY have the Climate Change Law.   Thanks to Pres. Trump

and YES on getting out of the UN.  

 Congressional Republicans want to defund the U.N., a 193-nation boondoggle for which the United States alone pays well over a quarter of the freight — about 22 percent of the regular operating budget, and close to 30 percent of the much larger peacekeeping budget (for which we get more scandal than peace).

At best, denying our annual $3 billion payment would accomplish nothing. Defunding measures are called for periodically, whenever the U.N. induces a congressional tantrum over one or another of its obscenities. Even as one lawmaker fumes about shutting off the spigot, another is already saying, “Well, we don’t need to defund everything — after all, the U.N. does a lot of good.”

“A lot of good,” by the way, is an exaggeration. Sure, some U.N. officials are just as well-meaning as any other preening progressive. But the institution stinks, even in its humanitarian aid work. As Heritage’s Brett D. Schaefer notes, citing a 2012 academic study on best and worst practices among aid agencies, U.N. agencies consistently rank “among the worst and least effective performers.”

More important, if $3 billion seems like chump change to you in an age of unfathomable $20 trillion national debt, that’s the way Turtle Bay’s grubby globalists see it, too. They continue to plot international tax schemes (on carbon emissions, financial transactions, etc.), as well as the lucrative skim from redistributionist rackets like the “Green Climate Fund” and the new “Sustainable Development Goals.” The real goal, naturally, is a sustainable fund for the U.N., relieving it of reliance on finicky donors.

The GOP Congress’s focus on the U.S. contribution is understandable. The American taxpayer’s U.N. tab far exceeds the combined $2.5 billion ponied up by the other four permanent Security Council members (China, Russia, Britain, and France). In fact, it exceeds the contributions of 185 countries combined (about three dozen of which pay under $30K in dues – far less than what their diplomats rack up in unpaid Manhattan parking tickets).

Yet the money is not the real problem, and cutting it off for a time won’t pack much political punch.

The Left loves the U.N. It will never seriously address the institution’s thoroughgoing anti-Americanism, anti-Westernism, anti-Semitism, anti-nationalism, anti-capitalism, and anti-rectitude. Instead the media-Democrat complex – with a big assist, starting in two weeks, from the most publicly active former president in American history – would portray an aspirational U.N. valiantly fighting to save the planet from war, poverty and CO2. Duly abominated for slashing funds, the GOP would take a political hit but achieve nothing: The U.N. would find other ways to raise the dough, and Republicans – after watering the defund effort down to feckless foot-stomping – would be goaded into paying any withheld dues, with interest, probably during the next lame-duck session.

The better move is: Just leave. Withdrawal from the U.N. would make transnational progressives go ballistic, but it would hearten millions – the kind of patriotic, self-determining citizens whose fury at statism’s transition into globalism catalyzed Trump’s candidacy (and, in Britain, spurred Brexit).

Put the politics aside, though. Leaving would be the right thing to do.

The U.N. is Ground Zero of the totalitarian Islamist-Leftist quest to eviscerate Western principles and individual liberty – and, while they’re at it, the Jewish state.

You think I’m exaggerating? The U.N. is the Islamist-Leftist vehicle for nullifying American constitutionalism – its guaranteed freedoms and the very premise that the People are sovereign. In just the last few years of Obama’s eager collaborations, the U.N. has produced resolutions that erode First Amendment liberties, calling on member states to outlaw negative criticism of Islam. It has overridden the Constitution’s protections against treaties that harm American interests, endorsing the Iran nuclear deal to give it the imprimatur of international law even though it is unsigned, unratified, and would not have had a prayer of attaining the required two-thirds supermajority Senate approval.

The U.N. is the Islamist-Leftist vehicle for nullifying American constitutionalism – its guaranteed freedoms and the very premise that the People are sovereign.

And more is on the way. The Obama administration signed a U.N. arms-trade treaty that would undermine Second Amendment rights — again, under the vaporous guise of “international law.” On Obama’s watch, the U.S. has also signed the U.N.’s onerous Paris climate agreement, which international bureaucrats tell us has “entered into force” despite — again — the lack of Senate approval required for ratification under our law.

Think no ratification means no problem? You’re not getting how the U.N.’s international-law game works.

Once American presidents sign agreements, globalists insist that we’re bound by them. How can that be, since a presidential signature is insufficient under the Constitution? Because in 1970, President Nixon signed another beauty, the Vienna Convention on the Law of Treaties. Its Article 18 states that once a nation signs a treaty — or merely does something that could be interpreted as “express[ing] its consent to be bound by the treaty” — that nation is “obliged to refrain from acts which would defeat the object and purpose of the treaty.” You’ll be shocked, I’m sure, to hear that the Senate has never approved this treaty on treaties, either. No matter: The State Department (who else?) advises us that, notwithstanding the lack of ratification under our Constitution, “many” of the treaty’s provisions are binding as — you guessed it — “customary international law.”

American government participation in the U.N.’s shenanigans is stripping away our rights and our capacity to govern ourselves. Just as bad, it is sullying us.

Logically, it has to be that way. When not bowing before foreign despots, Obama practically genuflects at mentions of the “international community.” But the international community is awful. It consists of a few good countries swimming in a shark-infested sea. When good seeks consensus with evil, the result cannot be good — just as when you insist, as our government does, on being an impartial “honest broker” between Israel, our democratic ally, and the Palestinian terror state-in-waiting, that is a boon for the jihadists, not the democrats. When you pretend that all states are equal, that there is no difference between the good guys and the bad guys, that is always a coup for the bad guys.

And that’s what the U.N. is: a coup for the bad guys.

Think about it: We are voluntarily entered into an arrangement in which actions affecting American national security and prosperity are subject to the Security Council veto power of Vladimir Putin and the Communist Party of China – the principal patrons of the “Death to America” regime in Iran, the world’s leading sponsor of anti-American terrorism.

We are voluntarily underwriting an institution that — with Obama having formally boarded the anti-Israel train — is joining the anti-Israel Boycott, Divestment, and Sanctions movement. The General Assembly, which is steered by the sharia-supremacist Organization of Islamic Cooperation, has just created a BDS database to target companies that do business with Israeli settlements in what the U.N. has declared is “Palestinian territory.”

WE NEED TO GET OUT of UN .   .   .  NOW!

Please send an email to your Senator and to your House rep ASAP!  You can cut/paste the VOTE NO message into your email.   You may also phone the United States Capitol switchboard at (202) 224-3121 - plz be nice to the volunteer.  Also send this message to Pres. Trump.

It would depend on the terms under which the U.S. left  .If we completely withdrew all at once, our resources, our capital, our troops, and the UN’s right to even meet in the U.S., then either China or Russia would most likely maneuver to have the entity relocated for the publicity and influence.They would not be one iota as generous as the U.S. with resources or manpower.  Within five years the U.N. would crumble much as the League of Nations did.Without the U.S. bankrolling the operation and actually doing the things it wants done, the U.N. would be even less than a paper tiger. It would be couple of paragraphs in a high school history book.

Any vengeance toward Israel or elsewhere could easily be handled with various independent coalitions.

Also, as a result from our recent election fiasco .  .  .

In each state, we must come together and demand clean elections.

[armenianview]

Investigation of arms supplies to Azerbaijan continues

The problem of illegal arms deliveries from Europe to Azerbaijan has long been relevant. Today the international community is still weakly reacting to the published evidence of the implementation of these deliveries.

The next phase of an intriguing scandal is brewing.

Currently, the Slovak prosecutor’s office is considering a statement by local civic activist Ashot Grigoryan, which contains a petition to deal with the illegal activities of the country's former foreign minister, former chairman of the OSCE, and former chairman of the 72nd session of the UN General Assembly, Miroslav Lajčak.

According to Grigoryan, this particular official bears full responsibility for the supply of arms to Azerbaijan.

Starting in 2017, information began to appear in the media that, in violation of international agreements, unauthorized sales of large-caliber weapon systems manufactured in Slovakia to Azerbaijan had been carried out. The cargo consisted of 36 units of modern self-propelled howitzers Dana M-1 and 30 missile launchers Vampire RM-70. The manufacturer of these systems is the Slovak company MSM Group, s.r.o., which is owned by the Czechoslovak Group, a.s., a Czech businessman Jaroslav Strnad.

From Slovakia, all this was taken by the plane of the Azerbaijani airline Silk Way, which does not keep secret information about its owners. There is good reason to believe that a significant share in it is controlled by the family of the President of Azerbaijan, Ilham Aliyev.

The transfer took place according to the following scheme: the board flew to Bratislava, where “goods” were loaded into it. Then he flew to Tel Aviv, where he stood for several hours, and then took a course with new documents to the capital of Azerbaijan - Baku. From there - again to Slovakia. Between September 2017 and June 2018, the plane made this route between Bratislava, Tel Aviv and Baku 66 times.

In Europe, the arms seller could not obtain the so-called "End-user Certificate of defense products" necessary for the sale of military equipment to Azerbaijan. As a rule, such a document is signed by the Minister of Foreign Affairs. In this case, it was Miroslav Lajchak. He signed a certificate for the Israeli arms company Elbit as an end user, which in fact was only the intermediary party to the contract.

Particular piquancy to the case is given by the fact that the deal was approved by the person directly responsible for ensuring that EU countries do not sell weapons to hot spots and areas of frozen conflicts.

In other words, Lajcak, being the chairman of the OSCE, certainly should not have allowed the Minister of Foreign Affairs of the Slovak Republic (that is, himself) to participate in the illegal operation. Moreover, the OSCE Chairperson, after discovering such actions by the Minister, was to bring to justice such a Minister (that is, himself) and the country (Slovakia) for violating the embargo.

What will be the reaction of the prosecutor’s office, the court, as well as the cabinet of Prime Minister Matovich, who has long been building his image of a fighter against corruption?

While the Comprehensive and Enhanced Partnership Agreement between Armenia and the EU is undergoing ratification, the Armenian leadership refrains from commenting on the investigation of the circumstances of the criminal scheme for the supply of European weapons to Azerbaijan.

The European Union is still considered the main partner of Armenia in the creation of state structures that are called upon to eliminate corruption.

Armenia is committed to developing partnerships with the EU based on shared democratic values ​​and cultural communities. But as you can see, in a progressive European society, too, not everything is so innocent and cloudless. Therefore, one should not be surprised that the Eastern Partnership program does not bring large-scale dividends to the development of Armenia.

[jhasravi]

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Dated: 14.03.2020

New Export Promotion Scheme Proposed by the Govt of India- Remission of Duties and Taxes on Exported Products (RoDTEP)

Cabinet Committee on Economic Affairs (CCEA) approves scheme for “Remission of Duties and Taxes on Exported Products (RoDTEP)” to boost exports Scheme for enhancing Exports to International Markets. To make Indian exports cost competitive and create a level playing field for exporters in International market.

RoDTEP scheme is WTO compliant, will reimburse taxes/duties/levies at the central, state and local level, which are currently not being refunded.

To give a boost to employment generation in various sectors Items will be shifted in a phased manner from existing scheme MEIS to RoDTEP with proper monitoring & audit mechanism.

  Download the Release Here:

RoDTEP-New Export Incentive Scheme

The Other Trade Promotions Schemes currently Operational are as detailed below.

PROMOTIONAL SCHEMES

Export Benefits

In the Foreign Trade Policy 2015-20, under Export from India Schemes, there are two Schemes for exports of merchandise and services viz.:

(i) Merchandise Exports from India Scheme (MEIS); and

(ii) Service Exports from India Scheme (SEIS)

The objective of MEIS is to offset infrastructural inefficiencies and associated costs involved in export of goods/products, which are produced/ manufactured in India, especially those having high export intensity, employment potential and thereby enhancing India’s export competitiveness. Similarly, the objective of SEIS is to encourage export of notified Services from India.

Some of the main features of these Schemes are as under:

MEIS

The MEIS Entitlement would be 2% / 3% / 5% / 7% of FOB value of notified goods exported to notified markets [based on three distinct categories framed and covered in Appendix 3B] in free foreign exchange or FOB value of exports as given in the Shipping Bills in free foreign exchange, whichever is less.

As per recent announcement MEIS will now be replaced by Remission of Duties or Taxes on Export Product (RoDTEP).

Country Groups – Category A: Traditional Markets (30) – European Union (28), USA, Canada. Category B – Emerging & Focus Markets (139), Africa (55), Latin America and Mexico (45), CIS countries (12),Turkey and West Asian countries (13), ASEAN countries (10), Japan, South Korea, China, Taiwan and Category C: Other Markets (70).

Units located in SEZs have also been made eligible for MEIS & SEIS benefit.

Export of goods through Courier or Foreign Post Offices using e-Commerce (as notified in Appendix-3C) of FOB value only upto Rs. 5,00,000/- per consignment are entitled for rewards under MEIS.

Services Sector

Under SEIS, Service providers of notified services (under Appendix 3D) will be eligible for rewards in the form of duty credit scrips @ 5% and 7% on the net foreign exchange earned from notified services (w.e.f. 05.12.2017).

Only services provided in the manner/mode specified at Para 9.51 (i) & (ii) are eligible, i.e. Supply of a ’service’ from India to any other country (Mode 1-Cross border trade) and Supply of a ’service’ from India to service consumers of any other country (Mode 2- Consumption abroad).

Minimum net free foreign exchange earnings of USD 15,000 in the year of rendering service is the eligibility criteria. For Individual Service Providers and Sole Proprietorship minimum USD 10,000/- in the year of rendering service.

Duty Credit Scrip

Basic Custom duty paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback benefits.

As per Trade Notice No. 11 dated 30/06/2017, under the GST regime, the Duty Credit Scrips cannot be used for payment of IGST, GST and Compensation cess in inputs and CGST/SGST/IGST, GST and Compensation cess for domestic procurement.

Duty Credit Scrip issued on or after 01.01.2016 under Chapter 3 shall be valid for a period of 24 months from the date of issue and must be valid on the date on which actual debit of duty is made.

STATUS HOLDER

Status Holder Scheme is for business leaders who have excelled in international trade and have successfully contributed to country’s foreign trade.

An applicant shall be categorized as status holder on achieving export performance during the current and previous three financial years (for Gems & Jewellery Sector the performance during the current and previous two financial years shall be considered for recognition as status holder) as under:

Status Category Export Performance FOB/FOR

(as converted)

Value (in US $ million)

One Star Export House 3 Two Star Export House 25 Three Star Export House 100 Four Star Export House 500 Five Star Export House 2000

Privileges of Status Holders

A Status Holder shall be eligible for privileges as under:

Coverage

All exporters duly registered with relevant EPCs of eligible agriculture products.

The assistance, at notified rates, will be available for export of eligible agriculture products to the permissible countries, as specified from time to time.

Applicability The Scheme would be applicable for exports effected from 01.03.2019 to 31.03.2020. Eligibility of products The assistance will be provided on export of all agriculture products covered in HSN Chapters 1 to 24 including marine and plantation products except those mentioned in Annexure (1). Pattern of assistance The TMA would be provided in cash through direct bank transfer as part reimbursement of freight paid. FOB supplies where no freight is paid by Indian exporters are not covered under this scheme. The level of assistance would be different for different regions as notified from time to time. Currently, it is available for these regions, namely: West Africa, East Africa, EU, Gulf, North America, ASEAN, Russia & CIS, Far East, Oceania, Cgina and South America. List of export countries in each region eligible for assistance under TMA are mentioned under Annexure (2). The Scheme covers freight and marketing assistance for export by air as well as by sea (both normal and refer cargo), made through EDI ports only and shall be admissible only if payments for the exports are received in Free Foreign Exchange through normal banking channels. The assistance will be provided as per the rates notified in Annexure 3. Procedure for availing assistance The application can be made by Corporate office/ Registered office / Head office / Branch office or Manufacturing unit. Application for TMA would be filed to the RAs headed by Additional DGFT. Applicant shall have option to choose Jurisdictional RA headed by Additional DGFT on the basis of address of its Corporate office/ Registered office / Head office / Branch office or Manufacturing unit. Jurisdiction of RA headed by Addl. DGFT is specified in Appendix-7(A)B. The option of the RA needs to be exercised while making first application under this scheme. Once an option is exercised, no change would be allowed for further claims under the scheme. The units under SEZs/EOUs/FTWZ shall file applications for TMA to the RAs headed by Additional DGFT in whose geographical jurisdiction address of the applicant falls. Documents required EP copy of S/B or Airway Bill, Commercial Invoice, self-certified copy of EP Shipping bill(s)/ Airway Bill(s) and Certificate of Chartered Accountant (CA) / Cost and Works Accountant (ICWA)/ Company Secretary (CS) as per Annexure A to ANF-7(A)A.

DUTY EXEMPTION/REMISSION SCHEMES

This Scheme enables exporters’ duty free import of inputs for export production, including replenishment of input or duty remission.

The Duty Exemption Scheme consists of the following:

Advance Authorization Allow duty free import of input, physically incorporated in export product, on the basis of Standard Input Output Norms (SION) or Self Declaration. Minimum 15% value addition is required to be achieved. Period for fulfillment of export obligation is 18 months from the date of issue of Authorization. As per Trade Notice No. 11 dated 30.06.2017 under GST Regime, no exemption from payment of IGST and Compensation Cess would be available for imports under Advance Authorisation. However, as per Notification No. 53 dated 10.01.2019, imports under Advance Authorisation have been exempted from IGST and Compensation Cess till 31.03.2020. Special Advance Authorization Scheme for export of Articles of Apparel & Clothing Accessories has been introduced for duty free import of fabric, subject to the specified conditions. Under Self Ratification Scheme, eligible exporter, on self-declaration and self-ratification basis, can apply for an Advance Authorisation where there is no SION/valid Adhoc Norms for an export product and where SION has been notified but exporter intends to use additional inputs in the manufacturing process.

  Imports under Advance Authorization would now also be exempted from Transition Product Specific Safeguard Duty and Countervailing Duty. Advance Authorization for annual requirements would only be issued for items notified in SION and it shall not be available in cases of adhoc norms. DFIA Issued to allow duty free import of inputs and is exempted only from payment of Basic Customs Duty. Additional Customs Duty/Excise Duty paid may be adjusted as CENVAT credit. Value addition required 20%. DFIA will be exempted only from payment of Basic Customs Duty and minimum value addition of 20% will be required to be achieved. Duty Free Import Authorization (DFIA) will be issued only on post export basis separately for each SION and each Port and it will not be issued for an export product where SION prescribes ’Actual User’ condition for any input. Exports under DFIA shall be made from a single Port and Regional Authority shall issue transferable DFIA with a validity of 12 months from the date of issue. No further revalidation shall be granted by Regional Authority. Duty Drawback Scheme The scheme is administered by Department of Revenue which has two components viz-a-viz: All Industry Rate (AIR) and Brand Rate. It comes under Duty Remission Scheme. Under the Scheme, Duty Drawback as per specified rates in Schedule of All Industry Rate of Drawback is granted. Exporter has the option to avail the benefit by getting fixation of Brand Rate on an application in the prescribed format. Rebate on State and Central Taxes and Levies (RoSCTL) The Scheme was notified by the Ministry of Textiles on 07.03.2019 to be implemented by DGFT. The Scheme will rebate all embedded State and Central Taxes/levies for meant for exports of made-up articles & garments. Under the RoSCTL, the benefit to exporters shall be given by DGFT in the form of transferable duty credit scrips.

EPCG SCHEME   

EPCG Scheme allows import of capital goods for pre-production, production and post-production at Zero customs duty. As per Trade Notice No. 11 dated 30.06.2017 under GST Regime, no exemption from payment of IGST and Compensation Cess would be available for imports under EPCG. However, as per Notification No. 57/2015-20 dated 20.03.2019, Capital goods imported under EPCG scheme for physical exports are also exempt from whole of the Integrated Tax and Compensation Cess leviable thereon upto 31st March, 2020.

TOWNS OF EXPORT EXCELLENCE (TEE)

Selected towns producing goods of Rs. 750 crores or more are notified as TEE on potential for growth in exports and provide financial assistance under MAI Scheme to recognized Associations.

INTEREST EQUALIZATION SCHEME

The Government announced the Interest Equalisation Scheme @ 3% per annum for Pre and Post Shipment Rupee Export Credit with effect from 1st April, 2015 for 5 years available to all exports under 416 tariff lines [at ITC (HS) code of 4 digits] and exports made by Micro, Small & Medium Enterprises (MSMEs) across all ITC(HS) codes.  With effect from November 2, 2018, the rate of Interest Equalisation for MSME has been increased to 5%.  The Scheme has also been extended to Merchant Exporters who can avail the benefit @ 3% for all exports under 416 tariff lines w.e.f. January 2, 2019.

GOLD CARD SCHEME

The Gold Card Scheme was introduced by the RBI in the year 2004. The Scheme provides for a credit limit for three years, automatic renewal of credit limit, additional 20% limit to meet sudden need of exports on account of additional orders, priority in PCFC, lower charge schedule and fee structure in respect of services provided by Banks, relaxed norms for security and collateral etc. A Gold Card under the Scheme may be issued to all eligible exporters including those in the small and medium sectors who satisfy the pre-requisite conditions laid by individual Banks.

TRANSPORT AND MARKETING ASSISTANCE FOR SPECIFIED AGRICULTURE PRODUCTS SCHEME

(TMA) scheme aims to provide assistance for the international component of freight and marketing as well as to mitigate disadvantage of higher cost of transportation of export of specified agriculture products to specified destinations/countries due to trans-shipment and to promote brand recognition for Indian agricultural products in the specified region.

CUSTOMS

Facilities like 24X7 customs clearance, single window, self – assessment of customs duty, prior filing facility of Bill of Entry etc. are available to facilitate exports.

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RoDTEP-New Export Incentive Scheme

Connect for Trade Facilitation

S.J. EXIM SERVICES- TEAM Q-FREIGHT

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Disclaimer: Please refer to the official Source before effecting any decision

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New Export Promotion Scheme & Other Incentive Schemes of Govt of India to Facilitate Trade Promotions Dated: 14.03.2020 New Export Promotion Scheme Proposed by the Govt of India- Remission of Duties and Taxes on Exported Products (RoDTEP)

[bananaipindia]

boAt Splashes Competitor’s Unjust Enrichment Dreams, Brexit to Not Effect UK Trademark System for Now, 'Mambacita' Trademark Filed by Kobe Bryant Weeks Before Death, Little Caesars Pizza Ventures into India with Veg Only Option, and more

New Post has been published on https://www.bananaip.com/ip-news-center/boat-splashes-competitors-unjust-enrichment-dreams-brexit-to-not-effect-uk-trademark-system-for-now-mambacita-trademark-filed-by-kobe-bryant-weeks-before-death-little-caesars-pizza-ven/

boAt Splashes Competitor’s Unjust Enrichment Dreams, Brexit to Not Effect UK Trademark System for Now, 'Mambacita' Trademark Filed by Kobe Bryant Weeks Before Death, Little Caesars Pizza Ventures into India with Veg Only Option, and more

boAt Splashes Competitor’s Unjust Enrichment Dreams, Brexit to Not Effect UK Trademark System for Now, ‘Mambacita’ Trademark Filed by Kobe Bryant Weeks Before Death, Little Caesars Pizza Ventures into India with Veg Only Option, and morebrought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.

INDIAN TRADEMARKS UPDATE:

“boAt” Splashes Competitor’s Unjust Enrichment Dreams

Delhi High Court has passed an interim injunction against Exotic Mile, an audio-gadgets business firm, for violating the registered trademark “boAt” of Imagine Marketing Pvt. Ltd. Imagine Marketing is the proprietor of boAt, a well know electronic products supplier in India. It contended that Exotic Mile had dishonestly adopted the trademark “BOULT”, which is phonetically and deceptively similar to “boAt”. Further, it alleged that the usage of the tagline ‘UNPLUG YOURSELF’ by Exotic Mile was confusingly similar to its tagline ‘PLUG INTO NIRVANA’. The Court while considering the presence of both companies one-commerce platforms,passed an interim injunction restraining Exotic Mile from using the trademark “BOULT” as well as the tagline ‘UNPLUG YOURSELF’.

INTERNATIONAL TRADEMARKS UPDATES

Brexit Not to Affect the UK Trademark System for Now

During the recent ratification of the ‘Withdrawal Agreement’ between the United Kingdom and the European Union, the Intellectual Property Office (IPO) of the UK has clarified that there will be no disruption to IPO services or changes to the UK IP system during the transition period (1st February, 2020 till 31st December, 2020). Accordingly, the UK will remain part of the EU trademark system and the UK legal representatives will continue to have the right to represent clients before the EU IPO. The International registrations for trademarks and designs designating the European Union via the Madrid and Hague systems will also continue to extend to the UK. The IPO has further informed that the businesses, organisations or individuals, that have applications for a EU trademark which will have a period of nine months from the end of the transition period to apply in the UK for the same protections.

‘Mambacita’ Trademark Filed by Kobe Bryant Weeks Before Death

Kobe Bryant, the legendary basketball player, had filed a trademark application for the word mark “Mambacita” at the United States Patents and Trademarks Office, just weeks before his and his daughter’s death in a tragic helicopter crash in California. Kobe Bryant, who went by the self-proclaimed nickname “The Black Mamba”, had affectionately dubbed his 13-year-old daughter Gianna, “Mambacita”.The trademark “Mambacita” was filed for sportswear including athletic shirts, shorts, hats, jerseys, sweatpants, sweatshirts, t-shirts, etc.

BRAND LICENSING UPDATES:

McDonald’s Ties up with Joester Loria Group to Bring Out Fashion Collection

McDonald’s Corporation, the world’s leading global foodservice retailer, is collaborating with the Joester Loria Group,a premier full-service brand licensing agency, based in the New York to develop collaborations and collection of fashion, accessories and collectibles for adults. McDonald’s first ever brand license was during the 1980’s and ever since has a history of partnering with leading fashion brands and retailers. By entering into the recent licensing agreement, Joester Loria Group would work closely with the McDonald’s global marketing team to tap into the brand’s unique cache, popular characters, and iconic brand campaigns.

Smiley Coming Out with Collectibles for Kids Through Game Maker

The Smiley Company, a London based brand licensing company, is collaborating with toy and games brand ‘Splash Toy’ to launch its first series of The Smileys collectibles. The collaboration will target kids in the 6-12 years age group and help them explore their emotions through a unique mix and match play pattern of The Smileys. The first series will be launched with blister packs, which include a secret Smiley and also blind boxes for toy distribution, and for kiosk distribution.

FRANCHISE UPDATE

Little Caesars Pizza Ventures into India with Veg Only Option

Little Caesars, the world’s third-largest pizza chain, headquartered in Detroit, Michigan has forayed into the Indian market with two stores in Ahmedabad, Gujarat through franchisee Phoenix Nexus. Little Caesars which is popular for its Hot-n-Ready pizza and bread has rolled out its vegetarian menu in the Indian market and is currently focused on the dine-in format of quick service restaurants. With its Indianised menu, consumer-focused strategies and affordable pizzas, the company has aggressive plans and looks forward to join hands with interested entrepreneurs to continue rapid growth throughout India.

DOMAIN NAME DISPUTE UPDATE

Lamborghini Stops Fraudulent Domain from Impersonating It

Automobili Lamborghini, the popular Italian luxury sports car manufacturer, had filed a complaint with the WIPO Arbitration and Mediation Center against jjoest, based in the US. Lamborghini alleged that the domain name “lamborghlni.com”, which is similar to its domain name “lamborghini.com”, was connected to a fraudulent email scheme by jjoest.  The scheme used the mark and the email address to impersonate an employee of Lamborghini to obtain  misdirected payments. The Administrative Panel headed by Nicholas Weston was convinced that the disputed domain was confusingly similar and jjoest used the domain name in bad faith. Thus, the Panel ordered the transfer of the disputed domain name to Lamborghini.

GEOGRAPHICAL INDICATION UPDATES

Spiti Chharma (Sea buckthorn) and Its Products Filed for GI

Spiti Chharma (Sea buckthorn) is a perennial, woody, nitrogen fixing and thorny deciduous shrub covered with silvery scales. Sea buckthorn which grows in cold regions is naturalised to snowfall or low temperature conditions. Sea buckthom grows in Lahaul Spiti, upper Kinnaur and Pangi in Chamba District of Himachal Pradesh.While, the Chharma (Sea buckthorn) fruits are used in cosmetics, the high concentration of vitamin C in its juices and squashesare useful for treating blood pressure, heart diseases, ulcers of the intestine, skin diseases, bronchitis and cancer. The Spiti Sea buckthorn Society of Kaza, Spiti, has filed an application for Spiti Chharma and its products under the agriculture, horticulture and forestry products category.

Authored and compiled by Poorvika Chandanam

About BIP’s Trademark Attorneys

The Trademark News Bulletin is brought to you by the Trademark/Copyright, IP Transactional Strategy Divisions of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BIP’s trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to contact@bananaip.com with the subject: Trademark News.

The weekly trademark news initiative is a part of their pro bono work and is aimed at spreading trademark awareness. You are free to share the news with appropriate attribution and backlink to the source.

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to contact@bananaip.com for corrections and take down.

[maxwellyjordan]

Relist Watch

John Elwood reviews Monday’s relists.

Even as the world grows more topsy-turvy by the minute, the Supreme Court’s relists this week are heavily a status quo affair. The gun cases are still there. The qualified immunity cases are still there. And the two ancient serial relists Andrus v. Texas and United States v. California inexplicably shuffle back for yet another curtain call this week, a trip they’ve been making almost weekly since November 2019 and January 2020, respectively.

If we needed any further proof that we’re living in a dystopian future, even the relists this week reflect the basic fact of life Beyond Thunderdome: Two cases enter, one case leaves. The one case leaving is Jarchow v. State Bar of Wisconsin, 19-831, which involved a First Amendment challenge to mandatory bar membership and dues. The court denied review, but Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented to say that the court’s recent First Amendment jurisprudence has undercut the legal basis for upholding mandatory bar membership.

Now on to the two cases entering. The first is Niz-Chavez v. Barr, 19-863. The attorney general can cancel removal of a nonpermanent resident who has 10 years of continuous presence in the United States, and of a permanent resident who has seven years of continuous residence here. Under the “stop-time rule,” the government can end those periods of continuous residence by serving “a notice to appear,” which provides “written notice … specifying” specific information related to the initiation of a removal proceeding. This case presents the question whether a notice sufficient to trigger the stop-time rule must itself include all the requisite information, or whether the government can furnish that information over the course of many documents and on the timetable of its choosing. The government’s brief in opposition includes those words every petitioner loves to read: “[A] circuit conflict currently exists on the question presented.” Regrettably for Agusto Niz-Chavez, that concession is followed by the statements that “the circuits may resolve that conflict” and “the question presented is not outcome-determinative.” Those reflect an advocacy challenge for petitioners. But once the government concedes a circuit split, it is often possible to discredit government claims that the split will resolve itself and that the case is not a good vehicle for addressing the conflict.

The second new case is a bit unusual, in that the Supreme Court has already denied certiorari. Hanks v. United States, 19-7732, is on rehearing of the court’s decision not to grant review. The original petition involved whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a “crime of violence” (here, a bank robbery), can be violated by unintentionally intimidating a victim through verbal demands or the passing of a demand note rather than the use or threatened use of physical force. After the court denied review, Jerad Hanks sought rehearing, arguing that the Supreme Court had requested that the government file a response to his co-defendant’s petition raising similar claims, so the court should consider the cases together. Now the court appears to be doing exactly that with the co-defendant’s case, which was already set to be considered at this Thursday’s conference.

That’s all for this week. Until next week, stay safe!

New Relists

Niz-Chavez v. Barr, 19-863 Issue: Whether, to serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, the government must serve a specific document that includes all the information identified in Section 1229(a), or whether the government can serve that information over the course of as many documents and as much time as it chooses. (relisted after the May 28 conference)

Hanks v. United States, 19-7732 Issues: (1) Whether 18 U.S.C. § 924(c)(1), which criminalizes the use of a firearm during a “crime of violence” – in this case, the federal bank-robbery statute, 18 U.S.C. § 2113 –may be violated by unintentionally intimidating a victim through verbal demands or the passing of a demand note rather than the use or threatened use of physical force, and whether the definition of the term “crime of violence” cabined in 18 U.S.C. § 924(c)(3)(A) is unconstitutionally vague on its face and unconstitutionally vague under the rule of lenity; and (2) whether there is currently a conflict among the U.S. courts of appeals and an ambiguity in the law regarding the federal statutory definition of the term “crime of violence,” and a conflict between the holdings of some circuits, specifically the U.S. Court of Appeals for the 11th Circuit, and the Supreme Court’s previous holdings regarding the constitutional viability of the current definition of the term “crime of violence” in Section 924(c) and related federal statutes. (relisted after the May 28 conference)

Returning Relists

Andrus v. Texas, 18-9674 Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fails to protect the Sixth Amendment right to a fair trial and the 14th Amendment right to due process when, in death-penalty cases involving flagrantly deficient performance, courts can deny relief following a truncated “no prejudice” analysis that does not account for the evidence amassed in a habeas proceeding and relies on a trial record shaped by trial counsel’s ineffective representation. (rescheduled before the November 1, 2019, and November 8, 2019, conferences; relisted after the November 15, 2019, November 22, 2019, December 6, 2019, December 13, 2019, January 10, January 17, January 24, February 21, February 28, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15, May 21 and May 28 conferences)

United States v. California, 19-532 Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (relisted after the January 10, January 17, March 6, March 20, March 27, April 3, April 17, April 24, May 1, May 15, May 21 and May 28 conferences)

Mance v. Barr, 18-663 Issue: Whether prohibiting interstate handgun sales, facially or as applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s due process clause. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Rogers v. Grewal, 18-824 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense; and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Pena v. Horan, 18-843 Issue: Whether California’s Unsafe Handgun Act violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Gould v. Lipson, 18-1272 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Cheeseman v. Polillo, 19-27 Issue: Whether states can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Ciolek v. New Jersey, 19-114 Issue: Whether the legislative requirement of “justifiable need,” which, as defined, does not include general self-defense, for a permit to carry a handgun in public violates the Second Amendment. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Worman v. Healey, 19-404 Issue: Whether Massachusetts’ ban on the possession of firearms and ammunition magazines for lawful purposes unconstitutionally infringes the individual right to keep and bear arms under the Second Amendment. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Malpasso v. Pallozzi, 19-423 Issue: In a challenge to Maryland’s handgun carry-permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Culp v. Raoul, 19-487 Issue: Whether the Second Amendment right to keep and bear arms requires Illinois to allow qualified nonresidents to apply for an Illinois concealed-carry license. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Wilson v. Cook County, 19-704 Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (a) weapons that were common at the time of ratification or (b) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (c) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller. (relisted after the May 1, May 15, May 21 and May 28 conferences)

Brennan v. Dawson, 18-913 Issue: Whether a police officer may reasonably rely on a narrow exception to a specific and clearly established right to shield him from civil liability when his conduct far exceeds the limits of that exception. (relisted after the May 21 and May 28 conferences)

Dawson v. Brennan, 18-1078 Issue: Whether the U.S. Court of Appeals for the 6th Circuit misapplied the Supreme Court’s authority and created a conflict among the U.S. courts of appeals by holding that a law enforcement officer violates the Fourth Amendment by entering the rear curtilage of a home in attempting to gain the resident’s compliance with his probation condition. (relisted after the May 21 and May 28 conferences)

Baxter v. Bracey, 18-1287 Issues: (1) Whether binding authority holding that a police officer violates the Fourth Amendment when he uses a police dog to apprehend a suspect who has surrendered by lying down on the ground “clearly establish[es]” that it is likewise unconstitutional to use a police dog on a suspect who has surrendered by sitting on the ground with his hands up; and (2) whether the judge-made doctrine of qualified immunity, which cannot be justified by reference to the text of 42 U.S.C. § 1983 or the relevant common law background, and which has been shown not to serve its intended policy goals, should be narrowed or abolished. (relisted after the May 21 and May 28 conferences)

Anderson v. City of Minneapolis, Minnesota, 19-656 Issues: (1) Whether the burden of persuasion in qualified immunity cases should be, in part or entirely, on the plaintiff, as held by the U.S. Court of Appeals for the 8th Circuit in this case and by the U.S. Courts of Appeals for the 4th, 5th, 6th, 7th, 10th and 11th Circuits, or whether it should be placed on the defendant, as held by the U.S. Courts of Appeals for the 1st, 2nd, 3rd, 9th and District of Columbia Circuits; (2) whether, under the state-created-danger doctrine, due process is violated when first responders fail to provide any treatment to a person suffering from severe hypothermia, and instead erroneously declare him dead; and (3) whether the 8th Circuit erred in dismissing this state-created-danger case on qualified immunity grounds. (relisted after the May 21 and May 28 conferences)

Zadeh v. Robinson, 19-676 Issue: Whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 and May 28 conferences)

Corbitt v. Vickers, 19-679 Issues: (1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or a pleading requirement (placing the burden on a plaintiff to plead its absence); and (2) whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. (relisted after the May 21 and May 28 conferences)

Hunter v. Cole, 19-753 Issues: (1) Whether, if the barrel of a gun is not yet pointed directly at an officer, clearly established federal law prohibits police officers from firing to stop a person armed with a firearm from moving a deadly weapon toward an officer if the officer has not both shouted a warning and waited to determine whether the imminent threat to life has subsided after the warning; and (2) whether a police officer who inaccurately reports his perceptions of events during a dynamic shooting encounter violates clearly established rights under the 14th Amendment. (relisted after the May 21 and May 28 conferences)

West v. Winfield, 19-899 Issue: Whether an officer who has consent to “get inside” a house but instead destroys it from the outside is entitled to qualified immunity in the absence of precisely factually on-point case law. (relisted after the May 21 and May 28 conferences)

Mason v. Faul, 19-7790 Issues: (1) Whether a finding of “objectively unreasonable excessive force” can be squared with a finding of qualified immunity under the facts and circumstances of this case, including whether determinations of the trial court, as affirmed by the U.S. Court of Appeals for the 5th Circuit, resulted in an incorrect analysis of the qualified immunity issue; and (2) whether the 5th Circuit’s determination can be reconciled with other courts’. (relisted after the May 21 and May 28 conferences)

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[cryptodictation]

Work completes an extraordinary subsidy for domestic workers | Economy

A domestic worker working in a house in Madrid.Carlos Rosillo

The Ministry of Labor is finalizing extraordinary one-month aid for domestic workers who contribute to Social Security and have lost their job or reduced their working hours due to the health crisis. The subsidy will be equivalent to 70% of the contribution base, just like the other extraordinary subsidies created to cushion the impact of the loss of income, explain sources from the Executive. It is not yet clear if it will be approved in the Council of Ministers scheduled for Friday, although it will go in “the next”, indicate the sources consulted.

On Monday, the third vice president, Nadia Calviño, admitted that the Government was preparing aid for the weakest groups hit by the coronavirus crisis, such as “domestic workers, people who have finished their unemployment benefit, tenants or workers who they are dependent on people. ” He publicly assumed the theses of other executive departments, which have long defended him, such as the Ministry of Labor. The department led by Yolanda Díaz is finishing the details of an extraordinary subsidy for this group, characterized by great job insecurity both for their remuneration and for their working conditions.

This aid will be truly extraordinary because until now the domestic workers (85.5% of those who carry out these tasks are women) have never had an unemployment benefit or anything like it in Spain. Despite the fact that several governments have pledged to validate it, the ratification of Convention 189 of the International Labor Organization has been pending for years, which would force access to unemployment insurance for this group, paying a higher contribution.

The ratification of this agreement was one of the duties that the Ministry of Labor had imposed on itself, also the one directed by Magdalena Valerio. But in these the coronavirus crisis has arrived and it has hit the collective of domestic workers.

To cushion the impact, the aid that is being finalized by Work, in collaboration with the Department of Equality, is directed at the group of almost 400,000 employees that comprise it, according to data from affiliation to Social Security from last February. However, many will not be able to access the benefit because in this activity there is a high component of submerged work and one of the access requirements will be to be registered in the public institute and paying contributions.

To get a rough idea of ​​how many domestic workers do not contribute, it is enough to look at the number of people employed in this activity that the labor force survey collects, 580,500 in the fourth quarter of 2019 and subtract it by those who were discharged at the end of the year Last, those almost 400,000.

In addition to being registered in the special Social Security contribution scheme, the worker will have to prove that she has lost her job or has reduced the number of hours due to the crisis that is causing the coronavirus. As in many cases, these women not only work in one house but they do it in several, the help they receive may be partial. In other words, if a worker loses a job in one household but maintains it in another, she may request the help corresponding to the hours lost.

As in the case of the extraordinary allowance for the self-employed, the help received by domestic employees will be equivalent to 70% of the contribution base. According to sources from the Executive, if the beneficiary has several jobs, the accumulated base of all of them will be taken. This detail is important for a group in which hourly work is important, 55% do not have a full-time job. After the last rise in the interprofessional minimum wage, the lowest remuneration that a domestic worker can receive is 7.43 euros an hour.

Information about the coronavirus

– Here you can follow the last hour on the evolution of the pandemic

– The coronavirus map: this is how cases grow day by day and country by country

– Questions and answers about coronavirus

– Guide to action against the disease

– In case of symptoms, these are the phones that have been enabled in each community

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[todaybharatnews]

via Today Bharat The commerce ministry is considering rationalising and simplifying certain export promotion schemes such as EPCG in the next foreign trade policy, which provides guideline and incentives for increasing shipments, an official said. The ministry is in consultation with all stakeholders for the preparation of the next policy (2020-25), as the validity of the old one ends on March 31, 2020, the official said. The ministry may also include new chapters for services, and e-commerce exports besides simplifying advance authorisation and self ratification schemes. EPCG is an export promotion scheme under which an exporter can import certain amount of capital goods at zero duty for upgrading technology related with exports. On the other hand, advance authorisation is issued to allow duty free import of inputs, which is physically incorporated in export product. Total exports of third party could be counted as export obligation instead of only proceeds realised from third party by EPCG holders, the official said. Similarly in the advance authorisation scheme, export obligation period could be enhanced from the current 18 months. For the export oriented units, the ministry is considering getting policy formulation, regulation and administration under one roof. The ministry's arm directorate general of foreign trade (DGFT) is formulating the policy. At present, tax benefits are provided under merchandise export from India scheme (MEIS) for goods and services export from India scheme (SEIS). In the new policy, changes are expected in incentives given to goods as the current export promotion schemes are challenged by the US in the dispute resolution mechanism of the World Trade Organisation (WTO). Against this backdrop, the government is recasting the incentives to make them compliant with global trade rules, being formulated by Geneva-based WTO, a 164-nation multilateral body. Exporters are demanding incentives based on research and development, and product-specific clusters under the new policy. Ludhiana-based Hand Tools Association President S C Ralhan said the new policy should have provisions for refund of indirect taxes like on oil and power, and state levies such as mandi tax. During April-September 2019, exports were down 2.39 per cent to USD 159.57 billion while imports contracted by 7 per cent to USD 243.28 billion. Trade deficit during the period narrowed to USD 83.7 billion as against USD 98.15 billion in April-September 2018-19. Since 2011-12, India's exports have been hovering at around USD 300 billion. During 2018-19, overseas shipments grew 9 per cent to USD 331 billion. The government is targeting to increase the exports to USD one trillion in coming years.

[maritimecyprus]

(http://www.MaritimeCyprus.com) OCIMF recently published the new VIQ-7 questionnaire which will be in effect from 17 September 2018 onward. With respect to Ship to Ship transfer Operations a radical update took place, incorporating requirements of MARPOL as well as best practice processes referring to record keeping, beyond to the checklists used until now. The new requirements (Section 8.54 of new VIQ) need from SIRE inspectors to review the following records:

STS Checklists as per latest ICS/OCIMF/SIGTTO/CDI guidelines edition 2013

The JPO (Joint Plan of operations) as provided by the service provider

Risk assessment as submitted by the Service Provider

Detailed Mooring Plan of participating vessels.

Copies of certificates of fender and hoses

Notification to coastal authorities

Details of Drills associated with the specific STS Operation

Records of Crew Experience

Post feedback/ assessment by the Master

Indirectly the request for availability of such records has the following purposes:

To direct/instruct Masters to request from STS Service Providers the necessary documentation prior to an STS operation, in line with ICS/OCIMF/SIGTTO/CDI guidelines edition 2013, rather than relying on the willingness or promptness of the STS Service providers to provide same and

To drive tanker operators towards a self regulatory framework for Ship to Ship transfers.

To our understanding, records are being maintained in order to have them post assessed for lessons learned and extract of best practices that may apply in future STS operations. Therefore, behind the necessity of record keeping a lesson for integrated and efficient “safety culture” is being conveyed, which adds on to the necessary due diligence actions. This makes sense from an operational perspective, since all STS operations require “proper and detailed planning” on the basis of objective evidence, such as the past STS records which can be verified.

“Objective evidence” as per IMO definition, [IMO A.788(19)] refers to quantitative or qualitative information, records or statements of fact pertaining to safety or to the existence and implementation of a SMS element, which is based on observation, measurement or test and which can be verified.

https://issuu.com/dynamarine/docs/statistics_report_2017

We believe that the collection/ assessment of STS records, in the way proposed by OCIMF at the new VIQ, should consist of a standardised process under company’s SMS. Such process should be transparent, documented, verifiable and above all easy to be maintained with minimum burden. Otherwise the STS records can not be considered as objective evidence and cannot be utilised in a form that allows to the tanker operator to extract beneficial results.

The new requirements of VIQ will be applicable to vessels that undergo vetting inspections that are logged into SIRE. This provides a level of assurance that such vessels will comply.

What happens with vessels that do not pass SIRE inspections when their trading pattern does not require it? How can a tanker operator be assured that a nominated vessel without a recent SIRE inspection, has its STS records according to industry best practices?

Recent Statistics (2017) from OSIS database© of DYNAMARINe onlineSTS.net service, conveys some useful findings regarding such vessels. For this purpose the following two pie graphs are presented below:

Figure 1. Percentage of incidents for vessels with vetting inspection less than 6 months, Source OSIS© DYNAMARINe

  Figure 2. Percentage of incidents for Vessels with vetting inspection greater than 6 months or absence of vetting, Source OSIS© DYNAMARINe

According to the graph of figure 1, the percentage of incidents for vessels with recent vetting inspection is roughly 2%. On the other hand, this figure increases considerably for operations where the participating vessel had no vetting inspection or the date of last inspection was greater than 6 months, as shown at figure 2. More specifically, according to OSIS© database, 10% of the STS operations with such vessels ended up with a minor or major incident.

It is evident from the statistical data, that vessels without a recent SIRE inspection, pose higher percentages in being engaged in an STS incident, either minor or major.

The existence of a recent SIRE inspection is not a prerequisite for accepting a nominated vessel for an STS operation. Its absence though, triggers various concerns with respect to the absence of positive evidence. Tanker operators with a safety culture and transparent STS policies need to ensure safety, by all means. Although this is contrary to the commercial, tanker operators should not delegate their responsibility towards ensuring safety to third parties and they have the right to request and scrutinise all necessary information for nominated vessels, that will enable them in doing so. There are means in place to access records of positive evidence some of which is inline with the recent developments in the new VIQ introduced by OCIMF. Charterers, on the other hand, should co-operate and make timely available, all requested information by tanker operators, while they assess a nominated vessel, STS service provider or STS location.

We believe that the industry moves towards a self regulation scheme on Ship to Ship transfer operations, which will allow prudent Tanker Operators to gain total control over safety aspects.

This makes sense from an operational perspective, since there is no direct contract between the involved parties. The only common prerequisite is that the STS operation should take place with requirements not less than those included in the relevant OCIMF STS guidelines along with the fact that the Master is always responsible and should ensure that his responsibility is not compromised by actions of others.

The new VIQ in sections 8.51-8.55 includes various requirements for STS operations. Such requirements are not new for onlineSTS.net client tanker operators since relevant processes have been incorporated in their “detailed planning” ever since their enrolment. DYNAMARINe put forward such processes ever since the ratification of MARPOL chapter 8 of Annex 1. The processes required by OCIMF through the new VIQ is just an interpretation of MARPOL along with best practices that are justified through the retention of records for 3 years as well as KPI’s for the TMSA.

Source: DYNAMARINe

Contact: info@dynamarine.com

Ship to Ship Transfers and new VIQ requirements by OCIMF (www.MaritimeCyprus.com) OCIMF recently published the new VIQ-7 questionnaire which will be in effect from 17 September 2018 onward.

[postolo]

Revised Foreign Trade Policy 2015-2020 notified

The revised Foreign Trade Policy came into effect on 05/12/2017. The revised policy focuses on certain aspects such as-

(i) Exploring new markets and increasing India’s share in the traditional markets

(ii) Leveraging benefits of GST

(iii) Monitoring exports performance and taking corrective action through state of the art data analytics

(iv) Increasing ease of trading across borders

(v) Facilitating participation of Indian industries in international chains

(vi) Increasing farmers’ incomes through a focused policy for agricultural exports

(vii) Promoting exports by Micro, Small and Medium enterprises (MSMEs) and labor intensive sectors to increase employment opportunities for the youth.

To facilitate exports by MSMEs, MEIS incentives are made available at 2, 3, 4 and 5% of the FOB value of exports. The MEIS is an export promotion scheme which seeks to promote the export of notified goods manufactured in India. MEIS incentives on ready made garments and made ups have been marked up at 4% which total up to Rs. 2743 Crore of additional annual incentives. An overall increase of 2% in existing MEIS incentives for exports by MSMEs/ labour intensive industries has amounted to an additional Rs. 4567 Crore worth of additional annual incentives.

A trust based self ratification scheme has also been introduced wherein exporters (initially only the Authorized Economic Operators) will only need to self certify the requirement of duty free raw materials and get it authorized by the DGFT which will in turn expedite the export of new products especially in sectors such as chemicals, pharmaceuticals, textiles etc.

A new complaint resolution mechanism has also been introduced by the activation of the “Contact@DGFT” window which will allow exporters and importers to voice their concerns and help them resolve their foreign trade related issues.

For the purpose of easing trade across borders, a professional team has been envisaged which will assist exporters with export related problems, smoothen access to export markets etc. The team shall examine procedures related to clearances involved in cross-border trade and strive to simplify them. Measures will also be taken to lessen the time consumed at ports and airports.

For facilitation of Trade, the FTP highlights the setting up of the National Trade Facilitation Committee under the Cabinet Secretary which, along with the Steering Committee will primarily perform a supervisory and monitoring role. The Steering Committee has also set up 4 working groups which will focus on (i) infrastructure, (ii) legal issues, (iii) outreach and (iv) time release study. The facility of deferred payment of customs duty has also been introduced and the benefits of this will be available to tier two and three importers. An MoU has also bee signed with the Goods and Services Network which will strengthen processing of export transactions of taxpayers under GST, hence reducing human interface and increasing transparency. A major development that has been brought about has been the introduction of customs clearance facility 24×7 at 19 sea ports and 17 air cargo complexes.

The state-of-the-art analytics initiative envisages processing trade information from different data bases related to India’s key export markets and identifies specific actions to address export interests in various products and markets.

The policy has focused on increasing India’s exports in under explored markets in high potential regions such as Africa to cover not just trade in goods but also in capacity building, technical assistance and services such as education. The other target regions recognized are Latin America and the Caribbean regions. As for the new export products, this policy has acknowledged the products which are high in demand and which form 70% of the total 30% world exports, so as to capitalize on this advantage by propagating the export of such products further on.

One of the most important aspects of this policy has been its focus on agricultural exports for increasing farmers’ income. The policy entails various ways to achieve this such as by establishing a stable and open export policy for the long term, by ensuring sanitary standards are abided by, by promoting organic exports etc.

Certain export promotion schemes have also been introduced such as the Trade Infrastructure for Export Scheme which enhances export competitiveness, the Market Access Initiatives Scheme which will act as a catalyst to promote exports on a focus product- focus country approach. Additionally, supplies of goods and services to SEZs will be treated as zero rated under GST to get tax benefits.

The revised policy has also discussed the very important GST related reforms with regards to foreign trade such as-

(i) Its incorporation of zero rating of exports.

(ii) The option of obtaining refund of GST paid or getting exemption from paying GST on the export of finished products

(iii) The introduction of GST also means the disintegration of VAT which varied across all states and the uniform tax rate means saving up on logistical and transactional costs for exporters

(iv) Merchant exporters are allowed to pay a frugal 0.1% GST for obtaining goods from domestic suppliers for export purposes.

(v) GST rate for transfer/sale of scrips has been reduced to zero from an earlier rate of 12%.

Ministry of Commerce & Industry

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[hottytoddynews]

Ulysses S. Grant in 1864, commanding the Army of the Potomac. Photo Credit: Matthew Brady.

Grant, by Ron Chernow. Penguin Press, 1,074 pages, $40.

A horseman who rode superbly and drove his buggy like a demon. A loving family man. A hard-working, easy-going farmer. An alcoholic with no head for business. Of all American generals, the best at handling setbacks (“not a retreating man,” as Robert E. Lee warned). An American everyman and a president who told jokes on himself. A writer who mastered his craft as he lay dying. In this admirable biography of Ulysses S. Grant—a book that is solid in every sense, long and fact-packed, masterful and readable—Ron Chernow sketches these profiles, and more, of the man whose worn but resolute face looks out from the fifty-dollar bill.

Alcoholism shadows this book, as it shadowed Grant’s early career. Grant started drinking as a young lieutenant, after the Mexican War. He could not touch alcohol without becoming completely, convivially, helplessly drunk. In 1854, after two lonely years in forts on the West Coast, far from his family, alcoholism gripped him, and it cost him his commission.

Soldiers from the 47th Illinois Infantry Regiment pose for a photographer in Oxford during the first phase of Grant’s Vicksburg campaign in December 1882.

In 1861, when Lincoln called for volunteers, Grant re-entered the army as the colonel of an Illinois regiment. The Civil War offered Grant a second chance. For Grant did not drink all the time, and his self-control, although not absolute, could be iron-clad. He did not drink when he was with his wife. He did not drink at army banquets. He never let his men see him drunk. He did not drink, Chernow writes, “during combat periods, when he was actively engaged and shouldered responsibility” (his chief of staff, John Rawlins, served as Grant’s “resident conscience” and was tasked with keeping his commander sober).

The Siege of Vicksburg, as imagined by lithographers after the war. At lower right, General Grant studies the Confederate lines. Credit: Chromolithograph by Kurz & Allison

Grant won victories that freed Kentucky and Tennessee, opened the Mississippi River by capturing Vicksburg, and was brought east to deal with Robert E. Lee. In May 1864, he fought Lee in the Battle of the Wilderness and suffered heavy losses. Previous Union commanders had used such losses as an excuse to break off fighting. Grant, instead, drove on; he meant to fight until the war came to a close. He kept moving, forcing a battle at every river and crossroads, fighting almost daily. When he could not reach Richmond from the north, he slipped loose and marched and threatened it from the south. Within eight weeks Grant had done what no Union commander had been able to do in three years: immobilize Robert E. Lee. He forced Lee’s army to entrench itself at Petersburg, besieged it there for nine months, and finally trapped it when it tried to escape.

After the war, Chernow shows, Grant played a central role in Reconstruction. As general of the army, perhaps the most popular man in Washington, he sided with Congress and the Radical Republicans, but he may have dissuaded them from arresting Andrew Johnson while impeachment was pending. Elected president in 1868—thousands of new black voters helped carry the South for him—he ended his inaugural address by calling for ratification of the Fifteenth Amendment, guaranteeing all citizens’ right to vote. He signed the Ku Klux Klan Act of 1871, using federal troops to break the Klan. 

This Republican campaign poster from 1868 features Grant and his running mate, Schuyler Colfax.

Grant’s second term was heavier going. In 1873, a business panic brought years of depression. The Whiskey Ring scandal, a matter of tax fraud and corrupt treasury agents, involved Grant’s longtime personal secretary. A scandal over Indian agencies involved Grant’s brother (and became linked to a legendary military disaster, the Sioux massacre of George Armstrong Custer and his command). After hesitating to send troops south to support embattled Republican governors, Grant saw his administration end with the contested election of 1876 and the collapse of Reconstruction.

One last debacle remained. Grant allowed his money and reputation to be used by a promising young financier, Ferdinand Ward. The brokerage firm of Grant & Ward had its offices at 2 Wall Street; Grant arrived every weekday morning at ten o’clock, but never asked exactly how the firm made money, checked its books, or hesitated to sign letters that Ward handed him. As Charles Ponzi would later do, Ward paid out early investors with money paid in by later investors. In another pattern of fraud, Ward used the same collateral (deposited securities) to secure several different loans. He also hinted to investors that Grant’s behind-the-scenes influence had won him government contracts. 

Ward’s scheme collapsed in May 1884. Grant was ruined: he had invested his life savings with Ward, and whatever he had left, as a general partner in the firm, he owed to its creditors. He left the offices without speaking to reporters. In June, Grant felt a stinging pain in his throat while eating a peach; he thought he had swallowed a wasp, but by October he knew it was cancer. He had earlier resolved not to write his memoirs. He changed his mind and signed a contract with Mark Twain that guaranteed him 70% of the net profits.

The biographer of George Washington, Alexander Hamilton, J.P. Morgan, and John D. Rockefeller, Chernow knows first-hand the hard work Grant was doing.

Dying of throat cancer, Grant wrote his memoirs. He produced a book of 366,000 words in a year’s time. Photo Credit: Library of Congress.

“Grant toiled four to six hours a day, adding more time on sleepless nights. For family and friends, his obsessive labor was wondrous to behold: the soldier so famously reticent that someone quipped he ‘could be silent in several languages’ pumped out 336,000 words of superb prose in a year … [Twain] was agog when Grant dictated at one sitting a nine-thousand-word portrait of Lee’s surrender at Appomattox, ‘never pausing, never hesitating for a word, never repeating—and in the written-out copy he made hardly a correction.’”

The general finished “The Personal Memoirs of Ulysses S. Grant” scant days before he died. With their lapidary style, common sense and generosity, his autobiography gave Americans reason to once more honor their author. With this book, Chernow has realized a similar success, a masterpiece of sweeping narrative and sharp detail. “Grant” has earned a place on the same shelf as the Memoirs.

Allen Boyer, the Book Editor for HottyToddy, formerly worked three doors down from 2 Wall Street. His book “Rocky Boyer’s War,” a WWII history based on his father’s wartime diary, was recently published by the Naval Institute Press.

The post Review: Chernow’s “Grant” Is a “Masterful and Readable” Portrait of an Admirable Leader appeared first on HottyToddy.com.

[maxwellyjordan]

Status Quo Watch

John Elwood reviews this week’s relists.

If these weeks in lockdown all are beginning to feel the same to you, you’re not alone: The torpor has spread to the relist rolls as well. This week, there was very little movement. There were no new relists. With one exception, all of last week’s relists are back. Most notably, all 10 Second Amendment relists are back, suggesting that the justices are still choosing among them (or perhaps writing an opinion dissenting from denial of cert, although I consider that less likely).

Only one case did not make it back this week: Wexford Health v. Garrett, 19-867, involving whether a prisoner may cure his failure to exhaust administrative remedies under the Prison Litigation Reform Act by filing an amended complaint after his release from prison. The court denied cert, but Justice Clarence Thomas was moved enough to write an opinion dissenting from the denial, acknowledging a circuit split and arguing that the issue “deserves our review.”

That’s all for this week. Tune in Tuesday to see whether the court will be considering one or more potentially blockbuster firearm cases next fall. Until then, stay safe!

  New Relists

Really?

Returning Relists

Andrus v. Texas, 18-9674 Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fails to protect the Sixth Amendment right to a fair trial and the 14th Amendment right to due process when, in death-penalty cases involving flagrantly deficient performance, courts can deny relief following a truncated “no prejudice” analysis that does not account for the evidence amassed in a habeas proceeding and relies on a trial record shaped by trial counsel’s ineffective representation. (rescheduled before the November 1, 2019, and November 8, 2019, conferences; relisted after the November 15, 2019, November 22, 2019, December 6, 2019, December 13, 2019, January 10, January 17, January 24, February 21, February 28, March 6, March 20, March 27, April 3, April 17, April 24, May 1 and May 15 conferences)

United States v. California, 19-532 Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (relisted after the January 10, January 17, March 6, March 20, March 27, April 3, April 17, April 24, May 1 and May 15 conferences)

Mance v. Barr, 18-663 Issue: Whether prohibiting interstate handgun sales, facially or as applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s due process clause. (relisted after the May 1 and May 15 conferences)

Rogers v. Grewal, 18-824 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense; and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1 and May 15 conferences)

Pena v. Horan, 18-843 Issue: Whether California’s Unsafe Handgun Act violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes. (relisted after the May 1 and May 15 conferences)

Gould v. Lipson, 18-1272 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1 and May 15 conferences)

Cheeseman v. Polillo, 19-27 Issue: Whether states can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection. (relisted after the May 1 and May 15 conferences)

Ciolek v. New Jersey, 19-114 Issue: Whether the legislative requirement of “justifiable need,” which, as defined, does not include general self-defense, for a permit to carry a handgun in public violates the Second Amendment. (relisted after the May 1 and May 15 conferences)

Worman v. Healey, 19-404 Issue: Whether Massachusetts’ ban on the possession of firearms and ammunition magazines for lawful purposes unconstitutionally infringes the individual right to keep and bear arms under the Second Amendment. (relisted after the May 1 and May 15 conferences)

Malpasso v. Pallozzi, 19-423 Issue: In a challenge to Maryland’s handgun carry-permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense. (relisted after the May 1 and May 15 conferences)

Culp v. Raoul, 19-487 Issue: Whether the Second Amendment right to keep and bear arms requires Illinois to allow qualified nonresidents to apply for an Illinois concealed-carry license. (relisted after the May 1 and May 15 conferences)

Wilson v. Cook County, 19-704 Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (1) weapons that were common at the time of ratification or (2) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (3) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller. (relisted after the May 1 and May 15 conferences)

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[maxwellyjordan]

Relist Watch: And then there were guns

John Elwood reviews this week’s relists.

Because I’m busy preparing for argument, today’s installment will be brief. This week’s most intriguing development is a follow-on to our last post. After the Supreme Court denied as moot the closely watched Second Amendment case New York State Rifle & Pistol Association v. City of New York, New York, Justice Brett Kavanaugh wrote a brief opinion concurring in the dismissal to note that he shared the concerns of dissenting justices that the lower courts were misapplying the court’s Second Amendment precedents. He wrote that “[t]he Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.” That week, the court released 10 Second Amendment cases it had been holding for the New York case. This week, it has relisted every one of them.

The 10 cases address a host of issues, ranging from the constitutionality of the federal ban on interstate handgun sales, to whether the Second Amendment guarantees a right to carry firearms outside the home for self-defense, to the constitutionality of various states’ and localities’ firearm restrictions. We should know next Monday which of them is plenary grant material.

That’s it. That’s the post. The court has a conference scheduled for every week until the end of June, so we’ll be busy going into the final stretch. In the meantime, stay safe!

New Relists

Mance v. Barr, 18-663 Issue: Whether prohibiting interstate handgun sales, facially or as applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s due process clause. (relisted after the May 1 conference)

Rogers v. Grewal, 18-824 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense; and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1 conference)

Pena v. Horan, 18-843 Issue: Whether California’s Unsafe Handgun Act violates the Second Amendment by banning handguns of the kind in common use for traditional lawful purposes. (relisted after the May 1 conference)

Gould v. Lipson, 18-1272 Issues: (1) Whether the Second Amendment protects the right to carry a firearm outside the home for self-defense and (2) whether the government may deny categorically the exercise of the right to carry a firearm outside the home to typical law-abiding citizens by conditioning the exercise of the right on a showing of a special need to carry a firearm. (relisted after the May 1 conference)

Cheeseman v. Polillo, 19-27 Issue: Whether states can limit the ability to bear handguns outside the home to only those found to have a sufficiently heightened “need” for self-protection. (relisted after the May 1 conference)

Ciolek v. New Jersey, 19-144 Issue: Whether the legislative requirement of “justifiable need,” which, as defined, does not include general self-defense, for a permit to carry a handgun in public violates the Second Amendment. (relisted after the May 1 conference)

Worman v. Healey, 19-404 Issue: Whether Massachusetts’ ban on the possession of firearms and ammunition magazines for lawful purposes unconstitutionally infringes the individual right to keep and bear arms under the Second Amendment. (relisted after the May 1 conference)

Malpasso v. Pallozzi, 19-423 Issue: In a challenge to Maryland’s handgun carry-permit scheme, whether the Second Amendment protects the right to carry handguns outside the home for self-defense. (relisted after the May 1 conference)

Culp v. Raoul, 19-487 Issue: Whether the Second Amendment right to keep and bear arms requires Illinois to allow qualified nonresidents to apply for an Illinois concealed-carry license. (relisted after the May 1 conference)

Wilson v. Cook County, 19-704 Issues: (1) Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual”; and (2) whether the U.S. Court of Appeals for the 7th Circuit’s method of analyzing Second Amendment issues – a three-part test that asks whether a regulation bans (1) weapons that were common at the time of ratification or (2) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (3) whether law-abiding citizens retain adequate means of self-defense – is consistent with the Supreme Court’s holding in District of Columbia v. Heller. (relisted after the May 1 conference)

Returning Relists

Andrus v. Texas, 18-9674 Issue: Whether the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fails to protect the Sixth Amendment right to a fair trial and the 14th Amendment right to due process when, in death-penalty cases involving flagrantly deficient performance, courts can deny relief following a truncated “no prejudice” analysis that does not account for the evidence amassed in a habeas proceeding and relies on a trial record shaped by trial counsel’s ineffective representation. (rescheduled before the November 1, 2019, and November 8, 2019, conferences; relisted after the November 15, 2019, November 22, 2019, December 6, 2019, December 13, 2019, January 10, January 17, January 24, February 21, February 28, March 6, March 20, March 27, April 3, April 17 and April 24 conferences)

United States v. California, 19-532 Issue: Whether provisions of California law that, with certain limited exceptions, prohibit state law-enforcement officials from providing federal immigration authorities with release dates and other information about individuals subject to federal immigration enforcement, and restrict the transfer of aliens in state custody to federal immigration custody, are preempted by federal law or barred by intergovernmental immunity. (relisted after the January 10, January 17, March 6, March 20, March 27, April 3, April 17 and April 24 conferences)

Wexford Health v. Garrett, 19-867 Issue: Whether, if a prisoner fails to exhaust administrative remedies before filing a lawsuit, Section 1997e(a) of the Prison Litigation Reform Act mandates dismissal of the unexhausted claims, or the prisoner may cure his failure to exhaust by filing an amended complaint after his release from prison. (relisted after the April 24 and May 1 conferences)

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