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Guide to Internet Law

International Trade and Investment

This section emphasizes U.S. federal law which impacts foreign Internet companies doing business in the United States.

American Arbitration Association (AAA) Provides International Arbitration Rules.
International Centre for Settlement of Investment Disputes (ICSID) Part of the World Bank; arbitrates disputes between governments and foreign investors pursuant to 1966 Rules.
World Intellectual Property Organization (WIPO) Sponsored 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Arbitration Institute of the Swedish Chamber of Commerce Provides rules and arbitrates commercial disputes.
Foreign Corrupt Practices Act, 15 U.S.C. Secs. 78a, 78m, 78t, 78dd-1, 78dd-2, 78ff (1977, amended 1988) Prohibits U.S. companies and officials from engaging in bribery and other corrupt practices in foreign markets. Grants enforcement authority to Securities and Exchange Commission in civil matters and the Justice Department in criminal matters.
Chicago Mercantile Exchange Market for trading of currency futures and options.
Commodity Futures Trading Commission (CFTC) U.S. agency that regulates trading of futures and options contracts for foreign currencies.
International Finance Corporation Provides currency swaps to companies in developing countries.
Communications Act, 47 U.S.C. Sec. 310(b) Prohibits foreign corporations from receiving FCC licenses to own and operate telecommunications instruments.
FCC Report and Order 97-398 Nov. 25, 1997 Order facilitates entry by foreign service providers and investors into the U.S. telecommunications market.
Overseas Private Investment Corporation Provides insurance to U.S. investors and exporters to cover the political risks of currency inconvertibility, expropriation, and political violence.
Overseas Private Investment Corporation Provides loans and loan guarantees to finance projects involving U.S. businesses.
African Development Bank Finances projects in Africa.
Asian Development Bank Provides loans to develop Asian infrastructure, including telecommunications.
European Bank for Reconstruction and Development Provides loans, guarantees, and equity investments to private sector projects in Central and Eastern Europe.
Inter-American Development Bank (IDB) Finances projects to develop infrastructure, including telecommunications, in Latin America and Caribbean.
International Finance Corporation (IFC) Offers loans, equity investments and other financial instruments, including hedging and swap transactions, to private companies in emerging countries.
World Bank Provides loans and guarantees to private telecom investors through its Telecommunications and Informatics Division (IENTI).
Securities and Exchange Commission (SEC) U.S. agency that regulates the primary and secondary securities markets in the United States pursuant to the federal securities laws. Its website contains the searchable EDGAR database of forms filed with the SEC by all U.S. and some foreign public companies.
Securities Act, 15 U.S.C. Sec. 77a-aa (1933) Established SEC and creates legal framework for SEC regulation of initial public offerings (IPOs) in the United States.
Securities Exchange Act, 15 U.S.C. Sec. 78a-78jj (1934) Authorized SEC to regulate secondary market for securities.
Rule 701 Federal exemption for common stock offered to employees and contractors.
Sec. 4(2) and Regulation D Federal exemption for preferred stock offered in a private placement to accredited or sophisticated outside investors.
State securities regulators Issuers must seek exemption under state Blue Sky (securities) laws to avoid registration with the state regulators.
California Code Sec. 25102(o) State exemption for common stock offered to employees and contractors.
California Code Sec. 25102(f) State exemption for preferred stock offered in a private placement to accredited or sophisticated outside investors.
SEC LAW.com List of state Blue Sky regulators and the securities laws of each state.
SEC LAW.com Securities law information, including sections on corporate finance, investors, brokers, arbitration, and compliance; articles, statutes, discussion groups, and links to more resources.
International Organization of Securities Commissions Forum for cooperation on issues affecting international securities transactions.
Financial Services Authority U.K. agency that regulates the primary and secondary securities markets in the United Kingdom pursuant to the Financial Services Act of 1986.
American Stock Exchange Market which lists non-U.S. companies.
Export-Import Bank (EXIM) Provides loans and loan guarantees to U.S. exporters.
Asian Development Bank Provides export credits.
European Bank for Reconstruction and Development Guarantees letters of credit to local banks and supports private sector clients in Central and Eastern Europe.
SEC Rule 144 Permits the sale of restricted securities without registration with the SEC.
SEC Rule 145 Requires registration with the SEC when a merger, acquisition, or asset transfer occurs.
National Venture Capital Association Trade organization representing venture capital firms in the United States; site provides links to more resources.

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