Customs Procedure – Beacon at Bangsar Fri, 21 Jan 2022 16:45:56 +0000 en-US hourly 1 Customs Procedure – Beacon at Bangsar 32 32 Energy Petrol’s Mustafa Muhtaroglu accused of impersonating customs officer Fri, 21 Jan 2022 16:25:17 +0000

Gasoline Energy CEO and ibia crew member Mustafa Muhtaroglu was accused of impersonating a Turkish customs officer in a dispute with the captain of a ship that his company was supplying.

Turkish maritime news provider Denizcilik Haberleri published this week on its website a recording of a call between Muhtaroğlu and the captain of the bulk carrier M/V Ruby made in the early hours of January 15 as Energy Petrol prepared to supply the ship with bunkers nearby Istanbul.

After a dispute over paperwork, the captain received several calls from Muhtaroğlu, according to the report.

In the third call, the recording of which was released by Denizcilik Haberleri, Muhtaroğlu can be heard introducing himself only as a customs official, telling the captain not to give instructions to the crew of a Turkish bunker barge .

In the heated exchange that follows, Muhtaroğlu can be heard threatening the captain with imprisonment.

“Drop the barge,” Muhtaroğlu said on the recording.

“You’ll be in jail. Listen to me, I’m not kidding. I’ll tell port state control, you’ll be brought ashore by ship, you’ll go to court, you’ll go to jail.”

Muhtaroglu said Ship and hold Friday that he had only meant that he was the company manager responsible for his customs formalities, and not a customs official of the Turkish government.

“My tone wasn’t right, but it was 4 a.m. on a Saturday,” he said.

The dispute was over the sampling procedure for the bunker operation, Muhtaroğlu said. The two companies had agreed in advance to take a sample for testing from the barge’s manifold during the bunkering operation, and the ship’s crew had asked the barge’s crew to sign a pre-prepared tag. before the start of the operation. Energy Petrol staff refused, saying signing pre-prepared documents would not be legitimate.

The phone calls with Muhtaroğlu followed lengthy arguments between the two crews over the issue, Muhtaroğlu said.

The dispute was resolved later and the bunker operation was carried out later in the morning, Muhtaroğlu said.

The board of directors of the Turkish Chamber of Shipping referred the case to its disciplinary council on Friday, according to Denizcilik Haberleri.

Muhtaroğlu is a prominent figure in the bunker industry, working there for 1986, making regular appearances at conferences and serving on the IBIA Board of Directors several times.

La Poste claims an improvement in the problem of customs fees for foreign parcels Wed, 19 Jan 2022 09:41:06 +0000

La Poste said improvements have been made to its IT systems for processing gifts sent from outside the EU. It comes after many people said they were charged when they shouldn’t have been for receiving low value gifts in the run up to Christmas.

Some readers continue to report being incorrectly charged for taxes and fees in recent weeks, likely due to human error, sometimes on the part of the sender.

The work required of La Poste workers handling parcels from outside the EU has increased dramatically following the introduction of new EU VAT rules last summer which removed an exemption for low value items (but not low value gifts) after Brexit has been fully enforced since last year.

Why do errors occur?

Parcels containing gifts, shipped from outside the EU and costing less than €45 should not incur French import VAT or customs duties. This means that when filling out the customs forms for this type of package, the sender must clearly indicate that it is a gift, the nature of the shipment and that it is worth less than the tax threshold.

If an item is worth more than €45, an additional 20% VAT will likely apply [to the whole amount], plus duty of approximately 0-22% depending on the category of item, if it cannot be shown that it has been wholly or mainly manufactured in the UK or EU.

Additionally, when La Poste, or another delivery service, incurs a charge to advance VAT/duties at the border, they often charge the recipient an administrative fee as well as a refund of the taxes they have paid.

A French customs spokesperson has already said The connection that taxes and charges may be mistakenly applied to parcels due to new EU rules that came into force on July 1, 2021, which removed a VAT exemption on all commercial items from outside the EU EU with a value of less than €20. This does not apply to low value gifts.

This means that most parcels now come with additional charges and this therefore becomes the default procedure. Charges will be inadvertently applied to some gifts if the Postal Service does not properly declare its nature to Customs, the Customs Service said.

Read more: ‘Customs’ charges on gifts due to postal errors, according to French Douanes

Parcel recipients have often been asked for payment without having received an invoice detailing the various cost elements, which only adds to the confusion.

One Report reader said: “I received a package from the UK in December from my daughter as a Christmas present. I found I had to pay €37 for the gift, which was worth £20. The package had the CN22 [customs form] Completely completed tag indicating it was a gift. I tried to explain to the postwoman that I didn’t have to pay but she refused to give it to me unless I paid.

What can you do if you are incorrectly billed?

La Poste had previously told us that: “the procedures are mainly done by computer, for obvious reasons of efficiency and fluidity, errors are still possible”.

A spokeswoman added that “we are sending regular reminders to all our delivery teams and post offices on procedures” regarding low value gifts and that customers can report any issues through the 3631 helpline.

However, our reader said that this service could not help her because her gift was not a Colissimo package, so it may not always work.

It is also possible to contact Douanes Info Service on 0800 94 40 40, but La Poste should be your first port of call.

If you are asked to pay charges on a package delivered from overseas, you can also request a receipt for the charges by entering your details on this page, or perhaps by asking your postman to do this for you. .

Obtaining this invoice should help you recover any erroneous taxes or processing fees. It may also be useful to keep the packaging in which the gift was sent.

Read more: How I recovered the tax wrongly charged on a gift sent to France from the UK

What is La Poste doing to improve the situation?

Last week, a spokesperson said The connection that: “Digital improvements were made in early and late December to better identify this type of package.”

This week, she added that: “Customs clearance and zero-rating operations are mainly done on the computer.

“The digital updates required are complex and require continuous improvement efforts as and when required.

“La Poste has registered complaints on 0.4% of parcels arriving in France in recent weeks.

“The learning curve is therefore well underway, even if it is still possible that minor malfunctions occur.”

Otherwise, why would you pay tax on gifts?

Gift recipients may also be charged taxes and fees on package postage if:

  • The sender did not complete the customs documents correctly

  • La Poste added an administration fee if it incurred additional costs during postage. The amount you are charged for these expenses may be reduced if you pay in advance online. La Poste says they will alert you if the sender includes your details such as email on the form, however we note that there is no space for this in the CN22 simplified customs form.

  • The value of the gift is more than €45

One Report reader told us this month that they were charged 38% of the value of the package, even though it was only €2 over the €45 limit.

“On top of that, my dad had overstated the value of just one of the items by about NZ$6 (about €3.60)

“For two years I have not been able to visit my family in New Zealand because the borders are closed to citizens unless they win a place in a quarantine lottery and pay for that quarantine, so the introducing these fees for gifts at such a sad time for so many Kiwis is very unwelcome.

Another reader said their daughter paid £25 to send Christmas presents to France because she was unable to visit over the festive period.

Her parents were then charged €32 by La Poste as the total value of the gifts was £100.

“If she had known this was coming, she could have sent us three separate parcels, all worth less than £45.

“After Brexit no one knows the extra costs until we land with them, it looks like we are being ripped off right and left,” our reader said.

“I ordered a used book online from the UK and paid £2.35 for it,” said one reader.

“I had to pay the €9 postman!

Related Articles

How to avoid taxes and fees on gifts sent from the UK to France

Summary of post-Brexit tax rules: how to send gifts between the UK and France

The price of online goods outside the EU will increase in France Repression of VAT

Foreign investors operating in EPZs: FBR “inadvertently” withdraws tax exemption Mon, 17 Jan 2022 23:20:56 +0000

ISLAMABAD: The Federal Board of Revenue (FBR) has inadvertently withdrawn the sales tax exemption for foreign investors operating in the Export Processing Zone (EPZ), as they operate under a completely different universally accepted mechanism for the promotion exports.

In this regard, prominent Chartered Accountant and former FBR Chairman Shabbar Zaidi has approached Finance Minister Shaukat Tarin regarding sales tax on imports by EPZ investors under the 2021 Exports Act. finance (additional).

According to the top chartered accountant, the government has not changed the policy on levying duties and taxes on investors in the EPZ.

Investors operating in EPZs established under the Export Processing Zones Authority Ordinance 1980 are not subject to the tax and other laws of Pakistan.

These people operate in a completely different mechanism, which are universally acceptable principles for the operation of free zones for the promotion of exports. No foreign currency of Pakistan is involved in the imports made by these people.

He stated that goods imported from abroad and from the tariff zone are exempt from customs duties and sales taxes under SRO 88(I)/80 of August 23, 1980.

International Sukuk issue: FBR grants tax exemptions

A special procedure for this purpose was established in the 1981 Customs Rules on Export Processing Zones.

This SRO is practically applicable since its inception.

Entry 102 of Table 1 of the Sixth Schedule to the Sales Tax Act 1990 is a continuation of the same principle. It is considered that, by an inadvertent understanding, entry 102 of Table 1 of the Sixth Schedule to the Sales Tax Act 1990 has been deleted by the Finance (Supplementary) Act 2021. Accordingly, unnecessary problems are created for investors in the EPZ with respect to duties and sales tax at the import stage after the effective date of the aforementioned act which was January 14, 2022.

“We consider that we are correct in understanding that there is no change in policy on this subject by the Government of Pakistan with regard to levying duties and taxes on investors in the EPZ,” he said. he declared.

Zaidi said the action taken through the Finance (Supplementary) Act 2021 is seen as an involuntary deal as it is clear that the Pakistani government has no intention of withdrawing any concessions or privileges given to the foreign investors for operations in the EPZ. and the thing is clear.

It is therefore suggested that the necessary clarifications be made to the effect that investors in the EPZ are not subject to customs duties and sales tax at the import stage.

It should be noted that imports by EPZ are governed by a completely different regime specially provided for these people, he said.

Under Section 25 of the EPZs Ordinance 1980, the Federal Government has the right to exempt investors from the provision of any law applicable in Pakistan.

It is therefore suggested that appropriate steps be taken to restore the position as it existed before the (supplementary) finance law of 2021, Zaidi added.

Copyright Business Recorder, 2022

Breaking Minnesota news, sports, business and entertainment at 1:20 a.m. CST | Minnesota News Sun, 16 Jan 2022 07:20:02 +0000


Final valuation of Prince’s estate set at $156.4 million

MINNEAPOLIS (AP) — The six-year legal battle over Prince’s estate is over. The Minneapolis Star Tribune reports that the parties to the pop superstar’s estate have pegged the value at $156.4 million. That dwarfs the estate administrator, Comerica Bank & Trust’s valuation of $82.3 million. The Internal Revenue Service in 2020 valued the estate at $163.2 million. The process of distributing the star musician’s wealth could begin in February. Prince died of a fentanyl overdose in 2016. He left no will. The estate will be almost evenly split between a New York music company and the three oldest of the music icon’s six heirs or their families.


FEC dismisses campaign finance lawsuit against Rep. Omar

MINNEAPOLIS (AP) — The Federal Election Commission has dismissed a 2019 lawsuit against Representative Ilhan Omar of a conservative group alleging the Minnesota Democrat illegally spent campaign funds on her husband’s political consulting firm. The complaint from the Virginia-based National Legal and Policy Center asked whether Omar’s campaign paid Tim Mynett’s E Street group for personal travel expenses. In a unanimous decision, the commission found there was no reason to believe that Omar’s campaign “knowingly and willfully violated” federal law or regulation by “converting campaign funds to any use personnel” or “inappropriately reporting beneficiary information”.


Panel assesses growing use of cameras in Minnesota courts

MINNEAPOLIS, AP — The Minnesota Supreme Court Advisory Committee on Criminal Procedure Rules met to discuss state court rules governing cameras in courts and whether to expand their use. The committee is made up of 20 judges, prosecutors and defense lawyers. Some panel members expressed hesitation on Friday to expand the use of cameras in courts. In June, Chief Justice Lorie Gildea asked the committee to study the matter and report back with recommendations by July 1 this year. Prosecutors on the panel expressed concern that the cameras would prevent victims and witnesses from coming forward if they were publicly associated with a case.


Rochester man gets 10 years in fatal pawnshop fire

ST. PAUL, Minn. (AP) — A federal judge has sentenced a Rochester man to 10 years in prison for fatal arson at a pawn shop during unrest related to the death of George Floyd. According to court documents, Montez Terriel Lee, 26, and several others broke into the Max It Pawn Shop in Minneapolis on May 28, 2020. Surveillance footage shows him pouring accelerator around the pawnshop and d ignite the accelerator on fire. The pawnshop was destroyed. Authorities found the body of a 30-year-old man in the rubble. U.S. District Judge Wilhelmina Wright handed down the sentence on Friday.

Bushmeat smugglers

Border agents seize bushmeat at Minneapolis airport

MINNEAPOLIS (AP) — U.S. Customs officials say they confiscated bushmeat multiple times in Minneapolis-St. Paul International Airport since December. WCCO-TV reported on Friday that Customs and Border Patrol agents seized more than 100 pounds of bushmeat from US citizens returning from Liberia. Travelers said on written and verbal statements that they had fish, but further inspection revealed both fish and bushmeat in the same package. State agriculture officials say bushmeat is raw or minimally processed meat from wild animals such as monkeys, cane rats, bats and other primates. Meat can cause infection in humans and spread the Ebola virus. Confiscated bushmeat has been destroyed.


Duluth high school student charged with assault with diver

DULUTH, Minn. (AP) — A Duluth high school student has been charged with sexually assaulting a football teammate with a plunger. The Minneapolis Star Tribune reported that the 17-year-old defendant was charged in juvenile court on Friday with third-degree sexual assault. Both the boy and the victim were students at Proctor High School in September, according to police. Someone sent an obscene photo to a group of Proctor football players using the victim’s phone. The 17-year-old chased the victim after practice on September 7 and assaulted him with the plunger. Interviews with players revealed that a plunger was regularly used as part of “rude” behavior in the locker room. The assault led to the resignation of coach Derek Parendo in October.


6-year-old child hit and killed on highway in Mille Lacs County

ONAMIA, Minn. (AP) — State Patrol says an individual struck and killed on a highway in east-central Minnesota was a 6-year-old girl. Patrol says the child was in the lanes of traffic when she was struck on Highway 169 around 11 p.m. Thursday near Onamia in Mille Lacs County. The soldiers identified the child as Unique Sincere Beaulieu. She was pronounced dead at the scene. Authorities had no information as to why the 6-year-old girl was on the freeway. A 48-year-old woman was driving the SUV that hit the girl.


Heavy snow in the Midwest slows travel and closes dozens of schools

MINNEAPOLIS, AP — Heavy snowfall is spreading across a wide swath of the Midwest, where travel conditions have deteriorated and dozens of schools have closed or moved to online instruction. The National Weather Service issued a winter storm warning Friday for parts of Minnesota, the Dakotas, Iowa and Illinois, where forecasters expect up to 10 inches of fresh snow. The weather service tweeted that the snow would combine with gusty winds to produce slippery roads and reduced visibility. Forecasters say the fast-moving storm could make it difficult to travel through parts of the Northern Plains and upper Midwest into the central Mississippi Valley through Saturday morning.

Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Used to unleashing electricity, Kosovo’s Bitcoin miners now face tough times after ban Wed, 12 Jan 2022 16:25:03 +0000

Dragan says he earns up to 2,000 euros ($ 2,270) a month mining cryptocurrency in a predominantly Serbian enclave in northern Kosovo, about five times the average monthly income in one of the most poor in Europe.

What makes it even nicer is the fact that Dragan pays nothing for the electricity, which is used in abundance in such power-hungry operations involving complex computer calculations to verify transactions.

But now Dragan, who didn’t want to use his real name, informs the Balkan service of RFE / RL that it cease its cryptocurrency mining activities.

His move came after authorities in Kosovo announced on January 4 a blanket ban on cryptocurrency mining amid an energy crisis in the southeastern European country of some 1.8 million people. inhabitants. Kosovar police have carried out raids in recent days, confiscating hundreds of high-tech devices used in cryptocurrency mining.

Economy Minister Artane Rizvanolli described the action as an “emergency measure” due to the crisis, although experts questioned whether the government has such a right because Kosovo has no law regulating cryptocurrency mining.

In December 2021, Kosovo announced a 60-day state of emergency to deal with the energy crisis exacerbated by the shutdown of one of the country’s two coal-fired power plants, forcing Pristina to import electricity.

Energy prices have skyrocketed across Europe amid rising demand for natural gas as economies recover from the COVID-19 pandemic and new tensions with Russia, which supplies a third of European gas.

Moscow has rejected European accusations it has cut gas deliveries amid reports it has massed tens of thousands of troops and military equipment on the border with Ukraine, raising fears of another invasion there .

Free electricity

Until recently, Kosovo boasted some of the cheapest electricity tariffs in Europe, making cryptocurrency mining particularly attractive.

It flourished in northern Kosovo, home to a large part of the country’s ethnic Serbian population who not only refuses to recognize Kosovo’s independence, but has not paid for power in decades, making l even cheaper mining.

“Here, we do not pay for electricity, so why not produce [cryptocurrency]”Dragan said bluntly.

Dragan says he has been mining cryptocurrency for four years, using the balcony of his apartment in North Mitrovica to store his equipment.

Mining cryptocurrencies like bitcoin involves connecting computers – usually specialized “mining machines” – to the currency network on the Internet.

The electricity used in mining cryptocurrencies is enormous. Bitcoin uses more electricity each year than Argentina as a whole, a To analyse in 2021 by the University of Cambridge suggested.

“You invest between 3,000 and 4,000 euros and you can easily earn around 300 euros ($ 340) per month,” explains Dragan.

Residents of northern Kosovo have not paid for electricity since 1999, when NATO launched a bombing campaign to end Belgrade’s crackdown on the predominantly Kosovar Albanian community.

In 2008, after years of fruitless negotiations with Belgrade, Pristina unilaterally declared independence, a decision now recognized by more than 110 countries, but not by Serbia, an ally of Russia and, among others, a few EU states. faced with their own separatist demands. .

Amid the stalemate between Belgrade and Pristina, residents of four municipalities in northern Kosovo – Mitrovica Nord, Zubin Potok, Zvecan and Leposavic – do not pay for electricity, and Pristina estimates the annual bill at some 12 million. euros. Unpaid electricity has been a major stumbling block in the EU’s efforts to mediate a reconciliation between Belgrade and Pristina.

Police raids

As of January 12, Kosovo police announced the seizure of nearly 430 bitcoin mining devices.

On January 6, police said they confiscated mining machines “suspected of being used for the production of cryptocurrency” in a raid in the town of South Mitrovica.

On January 8, the Kosovo authorities reported that they had helped the country’s customs agency seize 272 other Antminer bitcoin mining machines in the municipality of Leposavic. One person was arrested during the raid, police said.

A Kosovar police officer inspects cryptocurrency mining equipment during a raid on Leposavic.

A Kosovar police officer inspects cryptocurrency mining equipment during a raid on Leposavic.

Confiscated equipment consumes as much electricity as 500 households per month, or between 60,000 and 120,000 euros, said Finance Minister Hekuran Murati. “We cannot allow the illegal enrichment of some at the expense of taxpayers.”

On the same day, police also reported in a press release that they also had seized 39 other bitcoin mining machines north of Pristina.

Economy Minister Rizvanolli welcomed the convulsions in one post on twitter, claiming that they would save taxpayers “tens of thousands of euros per month”.

Investing in cryptocurrency mining equipment can cost thousands of dollars.  (archive photo)

Investing in cryptocurrency mining equipment can cost thousands of dollars. (archive photo)

Despite the raids, some cryptocurrency miners have said such law enforcement actions will likely be a blunt instrument. A day after the ban was announced but before the first raids, RFE / RL’s Balkan service said cryptocurrency mining devices were still sold new on the internet, including 100 Antminer machines.

“They [cryptocurrency computers and equipment] are like all other household appliances, such as refrigerators, televisions, electric stoves; they all use electricity. It’s impossible to tell them apart, ”Ardian Alaj, co-owner of a cryptocurrency exchange company in Pristina, told RFE / RL. And any seizure of legally purchased equipment could face legal challenges, Alaj said.

“It is still not known what will happen to all the people and companies who bought these devices and imported them under due process, and paid around 29.5% in customs duties and VAT,” said said Alaj.

Granit Kadolli, who says he has been mining cryptocurrency in Kosovo for years, told RFE / RL that the government ban could hit many Kosovars hard in the pocket as many bought the equipment. – some of which can cost up to 7,000 euros – on credit.

“People have taken out loans to buy this equipment,” Kadolli said.

Others wondered if Pristina had the law on its side to institute such a ban.

“There is not enough legal basis for the ban on cryptocurrency mining, as there is no special law regulating this issue,” Arber Jashari, a Kosovo-based legal expert, said Balkan Insight January 7.

Kosovo lawmakers drafted a cryptocurrency bill in October 2021. Although parliament was expected to pass it by the end of 2021, legislation is still pending.

Global repression

Kosovo is not alone in going after cryptocurrency miners.

China also has carried out a crackdown on bitcoin mining over the past year, culminating in a total ban in September.

Pristina’s action came just days after Tehran temporarily banned all cryptocurrency mining in a bid to avoid blackouts, BNN Bloomberg reported.

Cryptocurrencies have also been criticized for their negative impact on the environment, with the aforementioned Cambridge University study found that only 39% of the electricity fueling the bitcoin mining process comes from sources. renewable, 61% of which come from power plants fueled by natural gas. , petroleum and coal.

Back in northern Kosovo, Dragan waits anxiously, wondering if he will be trapped in the crackdown on crypto.

“It wouldn’t be great if [the police] has come, ”he said. “These devices are all worth around 20,000 to 30,000 euros. “

Written by Senior Correspondent Tony Wesolowsky with reporting from Balkan Service Correspondents Taulant Qenaj and Maja Ficovic

Another successful year for the BIFA training program Mon, 10 Jan 2022 20:00:47 +0000

The British International Freight Association (BIFA) has confirmed that elements of the CDS eLearning online course it launched in the fall of 2021 to help prepare BIFA members and others to operate the customs declaration service (CDS) of HM Revenue and Customs (HMRC) will begin to integrate with other Customs Trade Association live online training courses starting this month.

“The CDS eLearning course has been very popular since its inception. In response to feedback from the over 200 delegates who have taken the course, we have decided to start adding content, including useful CHIEF / CDS correlation tables, to our other customs related training courses, ”explains the Director. executive Carl Hobbis, who manages the training activities of the BIFA. .

He adds: “Despite having to deliver our entire portfolio of online courses in 2021, this has been a great year for the trade association’s training programs.

“Over 1,000 learners have been trained in our videoconferencing sessions and over 1,000 more have taken our various eLearning courses.

“They say success breeds success and this month will see the appointment of an additional full-time trainer to our training delivery team.

“Delegate feedback on the CDS eLearning course reveals that almost 60% of learners would prefer face-to-face sessions, but the new variant put an end to the reintroduction of classroom sessions that we had just started to implement. , which is disappointing.

The CDS online training was launched in September 2021 and was developed by BIFA in collaboration with leading customs software company Agency Sector Management (ASM) to educate users on the main differences between CHIEF (Customs Handling of Import and Export Freight ) and CDS.

Since its introduction, the course has had over 200 registrations and offers hands-on lessons, practical exercises and a technical resource, ending with an assessment.

BIFA CEO Robert Keen adds that the trade association took the initiative and worked with ASM to create a relevant training course to help BIFA members understand and implement the different working methods involved in the new system, which HMRC said would replace CHIEF gradually. transition ending in April 2023.

He says the CDS online course is suitable for anyone completing customs declarations and covers the main differences between CHIEF and CDS to allow users to submit customs declarations for exports and imports through the new system regardless of the software vendor used.

The course consists of eight modules, which provide an introduction to CDS; as well as the required data elements, and UK customs tariff and procedure codes. Other modules cover trade relations, arrangements and valuation; payment methods and authorizations; as well as indicators of documents, certifications and authorizations.

Simulation exercises and an assessment will allow all delegates to test their knowledge and understanding of future import and export declaration processes, putting into practice what they have learned on each module.

Keen concludes, “As the dual functioning of the two systems will continue, we know enough about the new CDS system to be confident in offering a training course to BIFA members and others that provides training. cost-effective and invaluable advice and information. It is designed to help them prepare for when CDS serves as the UK’s single customs platform at the end of March 2023. “
Source: BIFA

Did careless governance and a bad work ethic cause India’s economic descent? Sat, 08 Jan 2022 20:04:00 +0000

This book, according to the authors, arose out of probing questions from students about the causes of India’s current poverty and what can be done about it, especially since India is rich in resources and knowledge. The first pages of the book argue that India has always been rich. It certainly was. For what other reason, indeed, would so many others invade India? But even after all these invasions, when the East India Company arrived, India was well off. The data presented shows some indicators of the quality of life of “ordinary” people in certain regions of the country. A set of observations, for example, of the diet of a peasant family of six in Bengal in the early 18th century, and of the life of a Marwari family in the late 17th century, show that the average person had a reasonable quality of life by today’s standards. This was the period just before or around the arrival of the East India Company on Indian shores, and several visiting chroniclers noted that the common people in India were at least as well off as people almost everywhere else, if not better. Its merchants were wealthy and knowledgeable, its rulers efficient and powerful, and the artisans skilled and productive.

How, then, did the East India Company establish itself as a power in the country? The lesson of history is this: poor legal, fiscal and financial management. Essentially, the state and traders did not share information, responsibilities and duties clearly or equally. This hampered the ability to take risks, caused uneven infrastructure, and created opportunities for officials to pluck their nests. For example, the soldiers of Indian kings were paid irregularly and, therefore, did not undertake to protect the subjects, with consequent risks for navigation. The Company had a unified leadership, able to share and use information to its best advantage, while much of the Mughal administration and even merchants operated more or less on their own.

Indeed, commerce in India depended on trust and honor instead of enforceable laws based on written contracts. Missing, incomplete, or inconsistent financial records meant that business processes couldn’t run smoothly or profitably, and couldn’t grow as quickly. Indian rulers were negligent in collecting taxes and duties, and the East India Company managed to evade duties as disputes over these evaded duties led to the Battle of Plassey, after which the Company entrenched themselves and exploited the natives on a larger scale than before. Tax collection was patchy at best, as can be seen from the available records showing Mughal jama, the taxes that could be collected, versus haasil, or actual collections.

The Company’s victory over the Bengal Nawab at the Battle of Plassey marked the beginning of the end of India’s wealth. The company used its information base and systems to exploit the population – who witnessed the terrible famines in Bengal at the time – while the rulers stood on their feet. What is a shame is that people knew that having government and businesses working together and sharing information was a definite advantage. There is a long anecdote – an entire chapter – about the banking house of Jagat Seth, which flourished through the relationship between a Manickchand and Nawab Murshid Quli Khan of Bengal. They did not institutionalize the relationship so that it could continue beyond their lives. While this smacks of crony capitalism (why not all Bengal bankers?), The lessons are clear: Businesses can only function long term if they work with government.

The book also notes, among other things, the evolution of the population of India from the time of the Mughals until the year of independence: the country’s population is said to have doubled during the period to reach around 350. millions. In Mughal times, the zamindars treated their workers well, simply because there were fewer people available for work. Population growth has changed all of that. What the book does not fully recognize is the effect of the depredations of the British Empire. Estimates of the value of what the British took away run into the trillions of dollars: Shashi Tharoor, in a speech in the British Parliament, speaks of $ 15 trillion.

Instead, he talks about the skill and knowledge of Indian artisans. Again, there’s a whole chapter about a type of steel called Wootz, which eventually got too expensive to make. Some ways of making different types of steel are described in the 6th century Brihat Samhita. You could craft a sword that wouldn’t shatter against rock, for example, or dull against iron instruments. There was even the use of what turned out to be a kind of nanotechnology in the making of metals, although the ancients did not use such ways of thinking. There is no mention, however, of the Asoka pillar, which is far older than the Brihat Samhita.

There is more to construction and sophisticated geometry, for example, temples. Craftsmen of the time had simple tools, but could use them to create remarkably complex and strong structures, mostly made of stone, and these can be seen all over the country. There is even a mention of surgery in the 18th century – particularly a procedure now called rhinoplasty, reshaping, or reconstruction of the nose – being performed long before it was possible in the West.

And so in modern India, where the last decade of the twentieth century saw the economy open up. The link between information and productivity remains weak despite growing evidence that information systems need to be strengthened and that information is the backbone of all aspects of modern life, industry, agriculture , trade and services, etc. Here’s what it takes: a functioning legal system that delivers justice fairly quickly; information systems geared towards increasing productivity rather than controlling or regulating lives; a good understanding of how information helps governance and business; and, most importantly, creating systems that allow learning to learn for the future.

But the solutions presented fail to solve the problems which are now built into the system.

First, how to overcome vested interests – corruption and petty personal interests – which affect our systems of governance just as they affected the Mughals?

Second, how to deal with the active destruction of Indian thought systems by the British, especially Lord Macaulay, and subsequently the tendency of successive Indian governments to ignore these systems?

Third, and perhaps most importantly, there is no formal evidence that the information infrastructure that the authors propose is likely to work. There are anecdotes, like the story of Manickchand or descriptions of steel making, but there is no hard evidence to support the thesis. And many anecdotes available point to the contrary: note, for example, the development of Kerala, which is among the best social indicators and per capita income among the states of the country, but also among the states less favorable to business.

Regardless of its weaknesses, however, it presents interesting facets of life in India before, during and after the British. Its assumption on transparency, cooperation, and information infrastructure is intuitively appealing, and technologies such as blockchain facilitate its implementation. The anecdotes, while far from exhaustive, offer insight and would be useful reading material for students of business, public administration, and political science.

Making India Even More Beautiful: Learning from our History
By Meeta and Rajivlochan
pp. 299, Rs. 1495

End of

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Can copyright infringements in a criminal case without prosecution for lack of criminal intent be confiscated? Fri, 07 Jan 2022 12:08:14 +0000


Recently, due to the epidemic, a large number of goods have been imported from overseas, as well as the number of cases of trademark or copyright infringement seized at the border has increased. Once customs have referred a case to a district attorney’s office, the prosecutor, in addition to reviewing the objective criminal act, must also take into account whether or not the accused has a criminal intent to commit it. . Once the prosecutor determines that there is no subjective criminal intent on the part of the accused, he may then decide not to proceed with the case on the grounds that the suspicion of the offense is insufficient in accordance with Article 252, paragraph 10, of the Code. of criminal procedure. In this case, can the counterfeits be confiscated?

Article 98 of the Trademark Law clearly states that all articles or documents which constitute an infringement of the rights in trademarks, certification marks or collective marks must be confiscated, whether or not such articles or documents belong to the infringer or not. . Therefore, even if the prosecutor does not pursue the case due to insufficient suspicion of an offense, he may then apply to the court for confiscation in accordance with said provision in order to prevent trademark infringements from entering again on the market. Unlike the trademark law, the copyright law does not contain any regulations regarding this absolute obligation to confiscate, which has resulted in the fact that the courts have recently issued several decisions rejecting the prosecutor’s request for confiscate copyright infringements. Indeed, there is a need to review the relevant confiscation regulations and discuss any possibility of redress, as briefly outlined below:

II.Regarding the Copyright Law

With regard to the confiscation of copyright infringements, the provision only deals with copyright infringements that are optical discs. According to article 98 of the law on copyright, in an infringement provided for in article 91-3 and article 91bis-3, an object used in the commission of the infringement, or with a view to the commission of the offense, or a derivative of the commission of the offense, may be forfeited, whether or not it belongs to the perpetrator. This provision deals only with the infringement of the law on copyright relating to optical discs, that is to say “a person who commits the infringement referred to in article 91-2 by reproducing on a optical disc with the intention of selling or renting it ”(Article 91-3 of the Copyright Act) and“ a person who distributes or intends to publicly distribute displays or possesses a copy knowing that it infringes economic rights and that the reproduced copy is an optical disc (article 91bis-3 of the law on copyright).

Today, fewer and fewer people are using optical discs. If the copyright infringement is not an optical disc, for offenses specified in other provisions of copyright law, such as “offenses involving violation of section 91bis-2 of copyright law and the reproduced copy is not an optical disc “, the confiscation regulations in this regard remain subject to the relevant provisions of the Criminal Code.

III. With regard to the Penal Code and the Code of Criminal Procedure

Articles 38-1 and 38-2 of the penal code respectively provide that “contraband is confiscated, whether or not it belongs to the perpetrator of the offense” and “a thing used in the commission or the preparation of the commission. of an offense or a thing derived or acquired by the commission of an offense may be confiscated only if it belongs to the perpetrator of the offense; if there are special provisions, those special provisions shall prevail. Since copyright infringement is not always smuggling and the prosecutor ruled that the suspicion of an infringement was insufficient, the confiscation rule provided for in the two aforementioned provisions was not applicable when the prosecutor decided not to continue the case under article 252 (10) of the Code of Criminal Procedure.

Article 259bis of the Code of Criminal Procedure provides that for cases which have been pronounced with a view to a dismissal or an adjournment of proceedings pursuant to article 253 or article 253bis, the prosecutor may submit to the court a separate request for confiscation of the objects referred to in articles 38-2 and 38-3 as well as the penal gains provided for in article 38bis-1 and 38bis-2 of the same code. However, this provision applies specifically to cases where the items seized may constitute an offense but are allowed to circulate because the prosecutor decides not to proceed with the case or to defer the prosecution at his discretion, which would undermine social benefits. as well as the rights and interests of the copyright owner. However, this provision is not applicable to offenders whose presumption of offense is insufficient provided for in article 252 (10) of the Code of Criminal Procedure. Such an event results in circumstances in which “copyright infringing reproductions other than optical discs” cannot be confiscated through criminal proceedings. The occurrence of the above results in “reproductions infringed by copyright, other than optical discs” under Article 252 (10) of the Code of Criminal Procedure cannot be confiscated by criminal proceedings, this which would significantly create a loophole through which illegally reproduced articles are allowed to enter the market.

IV. Regarding the anti-smuggling customs law

Since copyright infringements are seized by customs at the border, once the criminal proceedings are closed, customs can separately examine whether the act of the importer violates the relevant administrative regulations. It can refer to articles 26-1 and 26-2 of the law on administrative sanctions providing that “if a single act constitutes both an offense or criminal offenses as well as a breach of administrative law obligations, he is punished by criminal law; however, an administrative sanction may be imposed additionally in the event that the act is punishable by any other type of administrative sanction or that no confiscation is ordered by the court on the things which may be confiscated due to the act” and “in the case of an act described in the previous paragraph for which a final decision not to prosecute or deferred proceedings are pronounced, or on which is pronounced a final judgment of acquittal, exemption from prosecution, incompetence, non-judgment, no provisional measures, dispensation of sentence or suspension of sentence, a sanction may be imposed under the provisions relating to the breach of an obligation under administrative law. “

According to article 39bis of the anti-smuggling customs law, where the import or export of cargo, other than genuine goods imported at the same time, who have been declared in violation any patent right, trademark right or Copyright, the importer or exporter in question is, unless otherwise specified in other laws and regulations, imposed a fine not exceeding three times the value of the cargoes, and the cargoes will be confiscated.Therefore, in a case specified in Article 252 (10) of the Code of Criminal Procedure where confiscation cannot be carried out by criminal means, the right holder must remind customs to impose penalties and declare the confiscation, at its discretion. In particular, if the copyright infringements have been transferred from customs to the court loot storage warehouse, it is even more important to remind the prosecutor to write a letter asking customs to make any arrangements. follow-up provided by law when the criminal proceedings for the non-prosecution decision are closed, in order to implement the customs obligation to protect intellectual property rights at the border.

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Wolf Greenfield promotes six lawyers in 2022 – Lawyer Monthly Wed, 05 Jan 2022 03:03:49 +0000

BOSTON & NEW YORK– (BUSINESS WIRE) –Wolf Greenfield is pleased to announce the promotion of two lawyers to shareholder and four lawyers to advisory, effective January 1, 2022. The firm’s most recent shareholders are Libbie A. DiMarco and Jonathan B. Roses. The firm’s most recent attorneys are Michael J. Attisha PhD, Anant K. Saraswat, Turhan F. Sarwar and William Wei Zhang PhD. Their legal and technical know-how covers a wide range of practice areas and industries, including litigation, post-grant procedures, pharmaceutical, electrical and computer technologies.

“After another solid year for the company, it is exciting to announce these well-deserved promotions,” said Ed Gates, President and Managing Partner of Wolf Greenfield. “Each of these attorneys embodies the culture and values ​​of Wolf Greenfield, and they exude a passion for their work and the clients they serve.”


Libbie DiMarco represents clients in complex intellectual property disputes before a Federal District Court and the International Trade Commission (ITC) and manages intellectual property enforcement proceedings before the U.S. Customs and Protection Agency. borders. Libbie’s testing experience covers a wide range of technologies, including computer hardware and software, data storage devices, small electronics, medical devices, and chemical products and processes. Libbie is the Chair of the AIPLA ITC Committee and writes frequently on ITC related topics and trends. In 2021, Libbie was recognized by Massachusetts Lawyers Weekly as an “Up & Coming Lawyer” and was named to the Massachusetts Rising Stars List by Super Lawyers.

Jonathan B. Roses advises a wide range of clients, including life science companies focused on the fields of small molecule pharmaceuticals, pharmaceutical formulations, medical devices and surgical methods. Jonathan is highly skilled in the conduct and management of domestic and foreign patent prosecutions and pre-litigation investigations, including worldwide freedom to operate, patentability and exclusivity analyzes. He is also experienced in representing clients in litigation before federal district courts and in post-grant proceedings before the United States Patent and Trademark Office and its foreign counterparts. Jonathan has also provided regulatory advice and representation to clients regarding patent term extension and Orange Book listings under the Hatch-Waxman Act. Jonathan is appointed to Boston magazine the inaugural list of top lawyers as well as the list of Massachusetts super lawyers.


Mike Attisha advises clients in a wide range of technological fields including additive manufacturing (3D printing), quantum computing, nuclear fusion energy, electronic music, artificial intelligence, software, semiconductors , optics and medical devices. Mike has an extremely broad technical knowledge drawn from his experience working in experimental physics, as a software consultant, and his love of fabrication and construction.

Anant Saraswat represents companies before the Patent Trial and Appeal Board (PTAB), the Federal Court and the International Trade Commission in intellectual property cases involving technologies such as computer architecture, communications wireless, semiconductor manufacturing, light emitting diodes, medical devices and automotive components. . In addition, Anant maintains an active pro bono practice. He was named Board Member of the Year by the South Asian Bar Association of Greater Boston in 2021. Anant is also named to Boston magazine inaugural list of top lawyers and list of Massachusetts Rising Stars by Super Lawyers.

Turhan Sarwar is an experienced intellectual property attorney, whose practice focuses on litigation and post-grant proceedings at the trial and appeal levels, and advises clients on the development and management of patent portfolios, trademarks and copyrights. Turhan has extensive experience in litigation strategy and procedure before federal and state courts, proceedings before the Patent Trial and Appeal Board, and investigations before the United States International Trade Commission. He is recognized on the first list of Best Lawyers: Ones to Watch by America’s best avocados © and was named to the Massachusetts Rising Stars List by Super Lawyers.

William Wei Zhang focuses his practice on the pursuit of patents in the fields of pharmaceuticals and polymer chemistry. Trained as a medicinal chemist, William applies his technical experience to his legal work. He performs patentability, freedom to operate, validity and infringement analyzes, works with inventors and in-house legal advisers to review invention disclosures, prepares and prosecutes patent applications, and participates in due diligence involving between the parties Comments. William is the co-inventor of two US patents dealing with the treatment of diabetes and hepatitis C. He was named to the Massachusetts Rising Stars list by Super Lawyers.

About Wolf Greenfield

Wolf Greenfield is one of the 10 largest law firms in the country dedicated exclusively to intellectual property law. For nearly a century, the firm has helped clients protect their most valuable intellectual property. With more than 150 legal professionals based in Boston and New York, the firm offers a full range of IP services in all technologies. Over 90% of the firm’s practitioners have degrees in science or engineering, and over two-thirds have graduate degrees (MS, PhD or MD). For more information on Wolf Greenfield, please visit


Jean Moran


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Ticket to ride as Saudi women prepare to drive the Haramain bullet train Mon, 03 Jan 2022 03:59:25 +0000

Tabuk Mountains in Saudi Arabia: Popular Destination for Those Looking for Fun in the Snow

DJEDDAH: Local residents headed to the north-west of the Kingdom to take in the sight of the latest snowfall.

Residents of the Tabuk region, near the Jordanian border, woke up on New Year’s Day to find the desert sands covered in a blanket of white snow.

The Jabal Al-Lawz mountain range usually witnesses snowfall when the temperature drops, and winter is considered the most beautiful time of year in the region.

Faris Al-Harbi, an engineer who lived in Tabuk, told Arab News: “Every year we wait for the snow to fall so that we can go and taste our aunt’s delicious kabsa (a traditional Saudi dish) cooked on the snow. It is one of our rituals.

Saudi Arabia is known for its dry desert climate. But temperatures vary from region to region due to its diverse landscape which includes mountains, islands, deserts, caves and valleys.


The National Meteorological Center has issued a forecast in the coming days of thunderstorms accompanied by strong winds in Asir, Jazan, Al-Madinah, Hail, the northern borders and Al-Jawf, and the region of Tabuk, where further falls of snow are expected. Local residents headed to the northwest of the Kingdom to enjoy the snowfall.

Snow generally falls in the northern mountainous regions of Turaif, Tabuk, Arar and Rafha. Locals and visitors come from different parts of the Kingdom to enjoy the cold weather and snow activities such as snow sledding.

Badr Al-Gbl, who visits Tabuk during the winter, told Arab News: “The top of Tabuk mountain witnesses snow every year, and it attracts the attention of all residents and visitors.

The southwest of the Kingdom in the Asir region also sees snow. Asir is home to the juniper-covered mountains of Soudah, Saudi Arabia’s highest peak, towering over 3,000m above sea level.

The National Meteorological Center has issued a forecast in the coming days of thunderstorms accompanied by strong winds in Asir, Jazan, Al-Madinah, Hail, the northern borders and Al-Jawf, and the region of Tabuk, where further falls of snow are expected.

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