Spanish Connection

"With Limited grouth potential at home and a weak dollar, Spain's banks mine South Florida for opportunities."  Wrote Wayne Tompkins in a recent article at Latin Lawyer Magazine.

According to the article, "[t]he Spaniards are spearheading a resurgence of international banking in Miami, after several years of contraction following the Sept. 11, 2001, terrorist attacks and the toughening of anti-money laundering regulations to fight terrorism."

Bob Targ, a partner with Diaz Reus who represented clients in money-laundering and white-collar criminal cases in the U.S. and Latin America, also commented in the article, "They don't seem to be intimidated. Spain, like the other 100 or so countries that are a member of the international anti-money laundering treaties...has the same obligations." Targ also said the so -called "Spanish invasion" reflects the further globalization of banking in South Florida. "It leads to job investment and loan opportunities, development of imports and exports and letters of credit, all of that is good for the community."

To read the entire article, please visit DailyBusinessReview.com.

 

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Brazil Petrobras, Chinese Sinopec Sign MoU

2 July 2008
Latin America News Digest


Brazilian federal oil and gas major Petroleo Brasileiro (Petrobras) and China Petroleum and Chemical Corp. (Sinopec), a Chinese national oil company, signed a memorandum of understanding (MoU) on July 1, 2008, aimed at a mutual commitment to increase the business links between the two companies.

Petrobras already has an oil export agreement with the Chinese company. So far in 2008, Sinopec has purchased some 12 million barrels of oil from its Brazilian peer.

The MoU was signed by Petrobras' Services director, Renato de Souza Duque, and Sinopec's senior vice president, Cai Xiyou, in Brazil's capital Brasilia. No further details on the MoU were provided.

Sinopec is controlled by China National Offshore Oil Corp. (CNOOC).

http://www.petrobras.com.br

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Diaz Reus listed on US Consulate-Shanghai website

Diaz Reus is listed on US Consulate-Shanghai website under international law firms:

http://shanghai.usembassy-china.org.cn/law_firms.html.

 

2008 China Private Equity and Venture Capital Forum

With the improvement of China's social system and environment, China has become the most active venture capital and private equity market in Asia. As an important investment and asset acquisition system, VC and PE plays an important role in helping corporations and other entities expand their investment channels, improve their internal management, and realize transition from closed management model to becoming pubic companies listed on stock markets.

To promote people's understanding of China 's VC and PE system, Diaz, Reus & Targ, LLP and its Shanghai partner, Coorigin law firm, will co-sponsor a forum in Shanghai on China's Private Equity and Venture Capital.

Time: June 20, 2008

Place: Zhangyang Rd No. 188, Tangchen Center B-4, Pudong, Shanghai, China

Contact: Weijun Wang, phone: 86-10-13022119826, email: jameswang@126.com, winnywang@126.com, or tylaw@163.com.

 

Chinalco to invest in Latin American Copper Mine

Aluminum Corp of China (Chinalco) has made another overseas investment this year, committing
US$2.16 billion for the Toromocho copper mine in Peru. The investment, which is being funded by
China Development Bank, was increased from the initially planned US$1.5 billion. The mining
operation will become Peru’s largest copper mine, and is expected to increase the country’s
exports by 25%. Peru already ranks 3rd worldwide in copper production, while China ranks 1st in
copper consumption. The Toromocho copper mine is located approximately 85 miles from Lima,
Peru, and expects to produce over 210,000 metric tons of copper annually by 2012, with
estimated reserves to last for roughly 30 years.


Investment between Latin America and China has become increasingly common as ties between
China and the region have strengthened in recent years. In 1978, China invested a mere US$200
million dollars in the region, but by 2000 that figure had risen to US$10 billion. According to the
Commerce Ministry of China, by the end of 2006, China’s direct investments abroad surpassed
US$90 billion, and 25% of that was directed towards Latin America. At present, Chinese
enterprises are engaged in approximately 30,000 projects in the region.


In related news, earlier this year Chinalco offered US$14 billion for a stake in mining giant, Rio
Tinto. Chinalco also signed agreements with Malaysia’s MMC Intentional Holdings Ltd and Saudi
Binladin Group for investment in a Saudi Arabian aluminum project. The total investment of US$
4.5 billion will include aluminum production and electricity generation facilities, in which Chinalco
will own a 40% and 20% stake, respectively.

From: http://www.chinavest.com/report/ChinaReport-May%2016%202008.pdf

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Chinese See U.S. As Fertile Soil

CHINESE INVESTORS HAVE FOUND THE COST OF DOING BUSINESS IN THE U.S., EXCEPT FOR LABOR, TO BE MUCH LOWER THAN IN CHINA.

By Don Lee
Los Angeles Times Service

DONGGUAN, CHINA — Liu Keli couldn't tell you much about South Carolina, not even where it is in the United States. It's as obscure to him as his home region, Shanxi province, is to most Americans. But Liu is investing $10 million in the Palmetto State, building a printing-plate factory that will open this fall and hire 120 workers. His main aim is to tap the large American market, but when his finance staff penciled out the costs, he was stunned to learn how they compared with those in China.

Liu spent about $500,000 for seven acres in Spartanburg -- less than one-fourth what it would cost to buy the same amount of land in Dongguan, a city in southeast China where he runs three plants. U.S. electricity rates are about 75% lower, and in South Carolina, Liu doesn't have to put up with frequent blackouts.

About the only major thing that's more expensive in Spartanburg is labor. Liu is looking to offer $12 to $13 an hour there, versus about $2 an hour in Dongguan, not including room and board. But Liu expects to offset some of the higher labor costs with a payroll tax credit of $1,500 per employee from South Carolina.

"I was surprised," said the 63-year-old president of Shanxi Yuncheng Plate-Making Group. "The gap's not as large as I thought."

SPANNING THE NATION

Liu is part of a growing wave of Chinese entrepreneurs expanding into the U.S. From Spartanburg to Los Angeles they are building factories, buying companies and investing in business and real estate.

Individually, these deals pale next to high-profile investments such as the $5-billion stake China's sovereign wealth fund took in Morgan Stanley last year, or state-owned oil giant CNOOC Ltd.'s $18.5-billion bid to acquire El Segundo-based Unocal Corp. in 2005.

But unlike the suspicion or uproar those moves generated -- CNOOC withdrew its offer amid U.S. political pressure, and the Bush administration and other governments have pushed for a "code of conduct" for sovereign wealth funds -- private Chinese businesses such as Shanxi Yuncheng are being wooed by states hungry for investment and jobs.

COURTING GOVERNORS

Last month, Wyoming's governor toured firms in China's coal-mining country. Georgia's leader brought a team of 40 on a mission to boost trade and attract investment, and Alabama's governor paid a visit too.

"It's like a land grab," quipped James Rice, Tyson Foods' China manager and a board member of the American Chamber of Commerce in Shanghai, who has attended some of these states' functions in China.

Many Chinese entrepreneurs remain wary of entering the U.S., uncertain about restrictive visa rules, language and cultural barriers and the political environment. Recent tensions related to Tibet and the Olympic torch relay have spurred calls in China to boycott Western companies. But no one says that's slowing the march of Chinese companies into the world's biggest economy.

 "They don't want to miss this opportunity to bottom-fish in the U.S.," said Mei Xinyu, an economist at China's Ministry of Commerce, referring to the depressed asset prices in a sluggish American economy.

BALANCING TRADE

Flush with cash, many Chinese companies want to compete globally. Others feel they've hit a wall in the domestic market and need to go out to expand sales. And the Chinese government is urging them on by loosening previously cumbersome restrictions, in part to help Beijing reduce a lopsided trade balance with the U.S. and make the most of its massive foreign reserves.

"At seminars and talks, government authorities are saying, 'You're a capitalist; you should be going out,' " said Fred Hong, a Pasadena lawyer who has worked in Guangzhou for 15 years advising Chinese companies.

One of Hong's clients, a Wenzhou man who operates two printing factories in China, recently signed a deal to spend $1 million to buy a 60-worker plant in the City of Industry that makes magnetic cards. Hong said the man's factories had produced strong profit in the last several years, leaving him with a pot of cash. With the dollar having lost nearly 10% of its value against the Chinese currency in the last 12 months, the yuan can go a lot further in the U.S.

ONE-WAY INVESTMENT

For years, investment between the U.S. and China flowed one way, with American firms spending billions in the Asian nation. But the Beijing government's $5-billion stake in Morgan Stanley and $3-billion investment in the private equity firm Blackstone Group brought China's overall investments in U.S. firms to $9.8 billion in 2007, up from $36 million the year before, according to Thomson Financial. By comparison, U.S. investment in China was $2.6 billion last year, down from $3 billion in 2006, said China's Ministry of Commerce.

But many Chinese entrepreneurs prefer to keep a low profile, and experts say those figures don't include a lot of investment activity happening under the official radar.

Karen Shen, Washington state's trade development representative in Shanghai since 2000, used to focus on promoting exports of Washington-made goods and produce. Now she's helping the state's companies and officials hook up with Chinese investors. Tech companies in China are keen to buy or launch businesses near Redmond-based Microsoft, she said.

SOUTHERN CHARM

Few states have been as aggressive in reaching out to China as South Carolina. In recent years, 10 Chinese businesses, including appliance maker Haier, have expanded there and created about 2,000 jobs, said John Ling, managing director of South Carolina's China office. That's a fraction of the textile jobs the state has lost to Asia, but it's a start, he said.

Shanxi Yuncheng is Ling's latest catch -- but it took two years.

The company's owner, Liu, was reluctant. He had built his printing-equipment business from the ground up in Yuncheng, an industrial city of 5 million in central China.

RAPID CONQUEST

In the early 1980s, Liu traveled to Germany and, with a $250,000 loan from a state bank, bought a world-class machine that would make the copper cylinders for the gravure method of printing. Within a decade, Liu's company dominated this niche for commercial printing in China.

Today, Liu owns more than 80 gravure cylinder-making plants in China and 20 more in a dozen countries, including Mexico, Brazil and Vietnam. He has more than 10,000 employees, and sales last year surpassed $250 million. Why, he asked himself, should he take the risk of setting up a factory in the U.S.?

Besides higher labor costs, Liu worried that his company and managers would not be welcomed and feel a backlash from the bad publicity about cheap and unsafe Chinese goods.

But the more he thought it over, the more it made sense. Shanxi Yuncheng wasn't going to grow much faster at home.

Its expansion into Mexico four years ago showed him he could succeed outside Asia.

"It's a lot of pressure going to the largest market in the world," Liu said. But he thinks it's certain to help his business become more competitive. "That's one of the real benefits from this expansion."


Chile - A Liberal Market in Latin America

The following is the executive summary of an article, Chile-A Liberal Market in Latin America, posted at china.hktdc.com:

With the highest per-capita GDP and lowest inflation in the region, Chile, the freest economy in Latin America, offers steadfast business prospects for Hong Kong companies.

Thanks to Chilean consumers' ready acceptance of China-made products, plus the Chile-China Free Trade Agreement (FTA) effective since October 2006, China became Chile's No. 1 export destination (outperforming the US) and No. 2 import source in 2007.


But given a population of 16 million, Chile is a relatively small market. Therefore, Hong Kong exporters should keep an eye on the countries nearby, such as Peru, Bolivia and Ecuador, using Chile as the first port of call.


Also worth noting is that Chilean consumers are conservative. Bearing less sense of showing off, it is not uncommon to see Chilean consumers picking unbranded but more reasonably priced products rather than branded and stylish ones.


Aside from distance and language barriers, Hong Kong exporters should take note of the intensifying competition from indigenous mainland suppliers. They should endeavour to justify their higher prices, for instance, by enhancing quality and service.

To read the entire article, please visit china.hktdc.com.

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China Earthquake Relief: 24+ Ways to Give

A powerful 7.9 magnitude earthquake struck central China lately, the death toll is estimated to reach 50,000, and millions of people become homeless. 

People from all over the world have extended their condolence and love to the victims by donating money, food, clean water, clothes, cooking utensils and other life sustaining supplies. 

The following link provides you with 24+ ways to make a donation to the affected areas:

 http://cnreviews.com/uncategorized/china_earthquake_relief_and_donation_guide_-_will_update_20080514.html.

 

 

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A Snapshot of Arbitration in China . . . And the Strange Case of Dr. Wang

By Ashby Jones

The leading Chinese arbitration organization, CIETAC, has made big strides in the last 20 years in an attempt to ensure that Beijing or Shanghai are places westerners feel comfortable arbitrating. But according to many western lawyers, the organization still has a ways to go.

Among the issues worrying to western companies is that the method for paying arbitrators is less transparent under CIETAC than it is under the predominant western systems. Pay for the arbitrators under CIETAC pay among arbitrators on a case can vary widely, often with western arbitrators making more. This can cause suspicion and resentment.

Wang Chengjie, CIETAC’s deputy secretary-general, resents any implication that that would make Chinese arbitrators less fair in their decisions. “Chinese salary levels are lower. But that does not mean we are irresponsible in our work.”

One case that has caused anxiety among western lawyers, though the arbitrations themselves were conducted on neutral ground, concerns two linked disputes between PepsiCo and a Chinese bottler. PepsiCo had agreed to resolve disputes with the partner through arbitration in Stockholm.

One of the three arbitrators, selected by PepsiCo, was at the time the head of CIETAC, Wang Shengchang (pictured). The Chinese company picked a Chinese arbitrator. The lead arbitrator was Swedish. Wang and the Swedish arbitrator voted for PepsiCo in both cases; the Chinese arbitrator sided with the Chinese party in both.

In March 2006, Dr. Wang was apprehended outside CIETAC’s Beijing headquarters. He has been detained ever since, and is currently awaiting trial in a Tianjin court, according to an official there. The charges against him allege financial impropriety within CIETAC, but people in the arbitration community have feared something else was at work. “It would be . . . more than disappointing if Dr. Wang were arrested and detained in prison for not deciding these two awards in favor of the Chinese parties,” said V.V. Veeder, a prominent British arbitrator, in a 2006 speech at a Dallas workshop presented by the Institute for Transnational Arbitration. “It would strike a malign blow to international arbitration everywhere.”

Wang Chengjie of CIETAC said he doubts Wang Shengchang was detained because of his decision in the PepsiCo case. “There are so many arbitration cases where the Chinese side loses,” he says.

Meanwhile, PepsiCo has yet to recover on the judgment — a figure a PepsiCo spokesman puts in the low millions of dollars and other individuals familiar with the case say approaches $100 million.

China may encourage firms to buy farmland abroad


By Chris Oliver, MarketWatch
Last update: 11:54 p.m. EDT May 8, 2008


HONG KONG (MarketWatch) -- Beijing is considering a plan to encourage Chinese companies to purchase farmland abroad in an effort to ensure stable food supplies, according to media report Friday.


A proposal drafted by the Ministry of Agriculture would encourage domestic agricultural firms to make the offshore acquisitions, with the focus on South America and Africa, the Financial Times reported Friday.


Beijing already has encouraged state-owned banks, oil companies and manufacturers to make overseas investments, but there's been little encouragement for agricultural companies to step up. The policy being drafted would make these investments a central government policy, the FT reported.


The plan is expected to face opposition from governments concerned about their own stable food supplies and other environmental concerns. Beijing is expected to embrace the plan in spite of the expected backlash, according to the FT, which cited an unidentified official spokesman.


The plan comes amid soaring food prices and moves by oil- rich countries in the Middle East and North Africa to invest in agricultural and livestock operations in other countries.


Food prices in China, which has 8% of the world's arable land, have risen about 25% in the first quarter from a year earlier, the report said, citing UBS figures.


Chris Oliver is MarketWatch's Asia bureau chief, based in Hong Kong.

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