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• Mallesons Stephen Jaques frequently advises US and other foreign investors on Australian foreign investment regulation in a wide range of industry sectors. We provide advice on the operation of the Foreign Acquisitions and Takeovers Act, Regulations and Australia's foreign investment policy, as recently amended by the implementation of the US Free Trade Agreement. This has specific implications for US investors wishing to invest in Australian businesses and assets, across the Australian economy including the financial sector, media, telecommunications, energy and resources, and urban and commercial land. The Canberra office of Mallesons deals on a daily basis with the Federal Treasury, which facilitates the process of obtaining any necessary Government approvals for foreign acquisitions and investments.
• Establishing with Treasury that the exemption for US Enterprises from the new business notification requirement of Foreign Investment Policy does not extend to Australian subsidiaries of US Enterprises setting up new businesses in Australia.
• Providing extensive advice to clients on the pharmaceuticals provisions of the FTA (Article 17) and on Schedule 7 to the US Free Trade Agreement Implementation Act 2004. The focus of these provisions is to prevent the entry of generic medicines into the market or to have a certificate that a proposed generic medicine does not infringe any valid patent. There are also numerous ancillary issues relating to the Pharmaceuticals Benefit Scheme and the operation of the Therapeutic Goods regime on which we have advised.
• Preparing a submission by the Law Council of Australia in relation to the competition provisions of the Australia-US Free Trade Agreement.
• Advising a major Australian corporation in relation to issues arising in the context of the negotiation of the Singapore-Australia Free Trade Agreement, the Australia-US Free Trade Agreement and the Australia-China Free Trade Agreement.
• Advising a major Australian corporation on various issues arising in relation to the implementation and ratification of the Singapore-Australia Free Trade Agreement and the Australia-US Free Trade Agreement.
• Advising a major Australian corporation in relation to various international trade law issues, including the interpretation of Australia's obligations under the World Trade Organisation agreements and compliance by foreign Governments with their obligations under various international trade law agreements.
• Assisting a major Australian corporation to respond to allegations made by US carriers to the United States Trade Representative in relation to the Australian Government's compliance with its international trade obligations.
• Preparing submissions in relation to the potential expansion of the competition and regulatory aspects of the Australia-New Zealand CER Trade Agreement, including preparing submissions to the Productivity Commission in relation to its inquiry into increased trans-Tasman harmonisation of competition law.
• Advising Australian manufacturers, exporters and importers on anti-dumping issues including importers of Korean tyres, importers of Italian light bulbs, importers of Japanese and Korean forklift trucks, importers of US outboard engines.
• Advising a major Australian postal operator on the express post and other relevant provisions of the US-Australia Free Trade Agreement.

“The depth of practice and consistent quality of its lawyers undoubtedly contributes to Mallesons Stephen Jaques’ success as Australia’s premier law firm…A full service firm, it is strong in almost all areas…”

The Global 50
PLC Which Lawyer? Yearbook 2005

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