The Immigration Asylum & Nationality Act 2006 – Summary Of Changes

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.

Commencement

The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.

Appeals

The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor – in both cases limited by reference to regulations made by the Home Secretary. Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.

Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom’s obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.

Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.

Employment

Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that:

Immigration Through Investment – Do You qualify

EB5 or investor visa is a popular concept in the US. This concept has been formed to get the foreign nationals to invest in the US economy. To get the foreign capital, the US immigration authority has formed the concept. If you want to get the green card, you can invest certain amount of money to the economy.

You must have understood that investor’s green card is not for everyone. You need to have money to be able to file for this. In addition, you need to know that investor’s visa is the one of the most complicated processes of the US immigration system. You will require proper legal guidance to file the petition for the green card. It is also important to remember that according to the law, you will have to invest the money to the US economy before you get to file the petition. For this reason only, you need to be careful about the application.

The investors and their family will be able to file a petition to obtain the green card, if they can invest one million dollar. This money will be used to set up a company. The company must provide full time jobs to the nationals of the US. This is the first criteria of the filing the petition.

Depending on the area, you can invest half a million dollar as well. This will also do, if you are setting up a company in a low employment areas. However, it is essential that you allow an established lawyer specialized in Miami EB-5 to deal with this.

The Application Process

The process of making application is complicated. This proceeds in two different ways. If you are living in the US, the process will be to change the residency term. In case, you are living outside the country, you will have to submit the application through the US consular.

Once you have gotten the green card, you will be able to get benefits like the citizens of the US. You will be able to ask for protection of law enforcers. You will be able to take your family to the US. In addition, if you want to pursue further study, you will be able to enroll in any course you want. In addition, you will be able to travel out of the country without any fear of being deputed from the country. There are both pros and cons of this process. You need to be aware of both if you want to apply for EB5 visa.

Ways to Stay Cool in the Summer

Summer is the perfect time for everyone to take off their clothes and go to the beach. It is the time where everyone feels hot and dry due to humid weather. Summer is also the best time to wear summer clothes like dresses and shorts. But even if summer spells vacation for a lot of us, summer can also be a tad bit annoying. These are times when staying out in the sun without sun block is a no-no. Everyone just wants to shake off the heat during summer. At this time, people find their own ways to stay cool in the summer. The following are some of the steps that people can do in staying cool in the heat.

One of the easiest ways to stay cool in the summer is to use air conditioners and fans. Let your fans at home do the work. Turn on your desk fans and ceiling fans in order to cool down the temperature. Although fans can eat up electricity, its alright to use them just for a short period of time. It is advisable that you use the fans at the hottest time of the day, like the early afternoons. If you have an AC at home, you can turn it on instead to cool the room or house faster. While staying in your cool room, you can have freezer goodies or cold drinks to further lower the temperature. This is a perfect way to spend the afternoons especially with the family.

Another way is to have some splash of fun outside, like literal splash. Unfortunately, there are some neighborhoods that have rules against water outside the house. But if your place doesnt, then grab the opportunity to play outside. You can set your own inflatable pool in the yard. You can also use water hose and even your sprinklers just to spice up the fun. There are no rules as long as you get wet and have fun with friends or your family. You can also have a water balloon fight. This wont be a problem as long as you dont get your neighbors wet.

Creating freezer goodies is also a famous way in staying cool in the heat. This can be a fun activity with the family. One can create homemade popsicles and lemonade. This can surely bring down the temperature even for just short time. Keeping yourself hydrated is also important during summer.

An Immigration Lawyer in New York of the Best Immigration Law Firm Save from being Ripped

Portray a scene, you logged on to your email account and discovered that your inbox highlighting an unread email from an unknown address stating that, -Congratulations, your application for Diversity Visa Lottery is approved and you need to send some money to the mentioned details.- The first line you mutter out will be, -Oh my God! Is it real?-, and without confirming anything, you will swipe your credit card of the bank in New York for the payment. After few days, on ringing the concerned authorities in New York City, you will be pulled out of an illusion and this time your lines will be, -why the hell, I did not checked this thing with an immigration lawyer New York from a best immigration law firm?-

Diversity Visa Lottery program, for which millions of dreamers try their luck, but only few of them are lucky enough to bag a Green Card. Irrefutably, getting a USA Green Card is something for which, people are ready to pay any price and are on their toes to do anything. Instead of acting like a wise goose, they behave like a stupid nerd and become an easy target of scammers.

The only solution to bridle fake lawyers bragging about their so-called best immigration law firm is -awareness’. One must consider below mentioned important tips extracted from a magazine article of an immigration lawyer New York law offices –

No approval emails from state department: To end all confusions, from the year 2012 onwards, candidates are advised to check their application status on the DV lottery website as State Department announced himself free from all responsibilities of notifying qualified candidates.

Keep a close look on website’s domain: In any case, if applicant receives any email from State Department, one should check the suffix of the sender, does that have -.gov- or not. It is advised that the visa department never use any other website for its DV program besides dvslottery.state.gov.

Do not pay anything to anyone for DVP: This Diversity visa lottery program is free of cost, and government of United States charges nothing for the visa. On submitting your interest for this program, you will be acknowledged with a unique confirmation code. Therefore, if anyone asks you pay anything, consider him a scammer who want to puncture your wallet

You won’t get more or before luck: The selection criterion is unique, applications are selected on a random basis and there is no such tactics to enhance success chances. If anyone promises you so, mean he is beating you around bushes.

Therefore, do not trust anyone whose promises are full of hot air, and always let your case to be handled by an immigration lawyer New York working for a best immigration law firm.

Florida Phosphate Industry Practices Severely Disturb Navigable Waterways

Florida is known as the “Sunshine State”, but interestingly receives more rainfall than most states in the Union. Florida receives enormous amounts of yearly rainfall from north to south every year. About fifty percent of the annual rainfall is absorbed into the ground and “contained” in watersheds. Central Floridas watersheds as a whole cover an area the size of the great state of Rhode Island.

The Florida landscape certainly contains or “holds” enough rainwater on a yearly average to naturally recharge local freshwater aquifers, rivers, streams, springs, lakes, watersheds, and lowlands. The central peninsular region of Florida “contains” about fifty percent of yearly rainwater for west central Floridas, including the Tampa Bay area, drinking water.

Curiously, enough rain falls in Florida annually to cover the entire state in five and a half feet of rainwater. The volume of rain described above continues naturally year after year. However, central Florida is not known for flooding by summers usual daily tropical downpours, or when tropical storms drop heavy rain, the water just seems to disappear right before your eyes.

How and where is all that water contained you may ask? The Florida landscape and sub-surface is made up of a particular hydrogeological material called karst rock (limestone based), along with other types of porous sands and clays. These materials are naturally porous so gravity can move ground water as though the water is being mechanically pumped through the grounds sub-surface. Without this type of landscape, Floridas citizens would not have enough natural drinking water resources.

Floridan Aquifer Floats On Saltwater Base
Florida land floats on a bubble of freshwater called the Floridan aquifer which in turn supports multiple levels of smaller aquifers one upon another in the central Florida earths sub-surface. All of which are fed with rainwater by gravity through the many conduits of earthen materials into the Florida landscape refilled by yearly average rainfall amounts.

The Floridan (1) aquifer precariously floats on a saltwater base hydraulically held in place by the Gulf of Mexico on the west and the Atlantic Ocean to the east. Saltwater infiltrates the limestone base of Floridas sub-surface where the Floridan aquifer bubble is resting or “floating” on a saltwater base.

The mass of the freshwater contained in the earths sub-surface compresses the saltwater base. When the weight of the freshwater bubble contained in the sub-surface falls below a particular level, saltwater intrusion makes up the differences in contained water pressure. Lower freshwater mass causes saltwater to infiltrate Floridas freshwater resources causing degraded fresh drinking water quality and quantity. These symptoms are affecting drinking water for millions of Florida taxpayers daily.

The explanation above on how ground water moves through the Florida earth is given to help the reader understand why phosphate strip mining is detrimental to safe drinking water statewide. Knowing how the ground beneath ones feet holds and moves fresh water is paramount to understanding why phosphate strip mining is so invasive that it threatens an entire region of Floridas drinking water quantity and quality.

Phosphate mining removes the earths surface fabric including natural tributaries, streams, springs, aquifers, and the like which naturally holds central Floridas drinking water. Phosphate industry practices create these severe environmental impacts that cannot be reversed because the technology to do so does not exist.

Once the mighty dragline strips the karst rock formations from the earth surface, all the once “contained water” now inundates the local area flooding the mined spoil piles and pits with unmeasured wasted amounts of Floridas public aquifer water drinking resources. Some of these pits are a square mile in surface area and can be two-hundred feet in height. That is equivalent to a twenty story building spanning one square mile.

Aquifer Water Wasted Daily

Daily, billions of gallons of fresh drinking water from local aquifers is completely wasted in the mined pits for an indefinite amount of time or until the water evaporates. Either way, unmetered aquifer water is being wasted daily by Floridas phosphate industry and paid for by Floridas taxpayers. This is shown by Google Maps looking at the central Florida landscape around Fort Meade and Polk County. All the severe environmental impacts can be seen by all who seek.

Central Florida watersheds supply over six million people with safe drinking water. Almost five million of those people live near the greater Tampa Bay area, which is the largest estuary in the state. More freshwater resources flow from area watersheds into Tampa Bay than anywhere else in central Florida. The Tampa Bay Estuary contains over 200 species of fish, including big game fish such as tarpon, snook, redfish, and sea bass or grouper. Numerous mangrove islands support a diverse set of waterfowl nesting areas. Charlotte Harbor is just eighty miles south and is the second largest estuary in the state with as many freshwater resources in danger from the phosphate industry as well.

Unfortunately, Central Florida is where phosphate mega-mining occurs daily. Phosphate industry officials want phosphate ore (2) that sits beneath the richest environmentally challenged hydrological freshwater producing, earthen framework on the face of the earth.

Central Florida contains the lions share of the 27 phosphate mines located in Florida as a whole. Over a half million acres of isolated riparian wetlands and riparian wetlands linked to state (public) navigable waters are at the mercy of Floridas phosphate officials. Curiously, state (public) navigable waterways seem to be severely disturbed by strip mining the central Florida landscape.

Historically, phosphate officials appear to refuse to be good environmental stewards and are intent on removing anything or anyone in their quest for phosphate, including Central Floridas (public) navigable waterways and drinking water resources.

The central Florida areas mentioned above being strip mined are riparian in nature and contain navigable waterways as well. If so, then state officials may step in and curtail any illegal practices and secure funds from phosphate officials to repair severely damaged landscapes caused by phosphate industry practices. However, there are no publically mentioned plans to do so.

Read more from Davey Crockett @ Florida Mines Directory

Reference
1.Natural history. – swfwmd.state.fl.us/education/interactive/peaceriver/natural.php.
2.Phosphate Mines. – dep.state.fl.us/water/mines/manpho.htm.

The Difference between Farsi and Persian

Commonly, the term “Persian” has been used in the English language, describing both the country of Iran and the language that the people have been using since the rise of the first Persian Empire. Although the word Farsi is increasingly used to describe the Persian language, it is still linguistically incorrect, especially in addressing the language itself.

This has always been an issue in American and European media; they have always used the word Farsi to refer to the Persian language. However, people around the world, especially Iranian people are not in favour of the linguistic term that Western people normally use in the media.

So, how should these two words be used in English and other Western languages?

It should be clear that using the appropriate term for a language is significant in the history and culture of the Iranian people. Thus, an improper address for the language term of the Iranian nation may create insult and rudeness to the heritage of Iranian culture.

The Persian language or New Persian is an Indo-European language; it is one of the Modern Iranian languages, along with Kurdish, Baluchi, Pashto, and Ossetic. The New Persian language is described as a member of the Western Iranian branch of the Iranian languages, which are a subgroup of the Indo-Aryan family of languages. Hence, Persian is related to European languages, such as the English language.

Over the years, Persian has developed through three distinct stages: Old, Middle, and New. New Persian is directly derived from Middle Persian, and has two phases: classical and modern, and both variants are mutually intelligible.

But what are really the differences between Farsi and Persian?

Farsi is an Arabic form of Parsi, while Persian is the English equivalent term for the word Farsi. This is same status as the German language has. Although the native name of the German language is Deutsch, linguists would never use Deutsch in place of German as a term in the English language.

The New Persian language is one of the most spoken languages in South Asia, and there are also significant numbers of immigrants who speak the Persian language, such as in the U.S, Canada, Australia, and Europe.

The bottom line is that the English name of this language is Persian, and Farsi is its internal or domestic equivalent. However, the term Farsi is used by Iranians to show the distinction of their languages from other forms of Persian; while term Persian encompasses all aspects of the Iranian culture.

Persian is a language that provides ultimate access to the culture and history of the Iranian people. In addition, experts and Persian native speakers agree that writers, translators, media, educators, and researchers should use the word Persian for Iran language system, instead of any usage of the word Farsi.

Arizona Rally And Immigration Law

As they say, when there is a trying time, that is when you would see how people really are and what they would do to be able to overcome that situation. And one of those trying times that we have is the financial crisis that has not only hit the country but the entire world as well. With this event, many people do what they can do so as to stay afloat.

There are different things that people have done during this financial crisis. There are some who have tried looking for greener fields to get their income from. There are even people who would take off from their home country and go to the United States to live the American dream in the land of milk and honey.

Going to the US is definitely one of the steps that other people do because they still believe that this country is where you can find lots of opportunities that will allow them to send money back home, and make sure that their roof remains attached to the rest of their homes.

Now some may think that those people who are just around the borders of the United States are the luckier ones as they do not have to travel that far to be able to get to the country. But this is not so as those who are at the borders are the ones who get much heat. There are some who do have the right documents and can easily enter the country. However, a lot of those who are at the borders are the ones who can enter illegally and that is why officers are so strict on them.

A bill has been signed and this one is thanks to Governor Jan Brewer. According to this one, the police have the power to ask for identification of people who may be illegal immigrants. Now, you have to have the right documents to be able to prove yourself a legal immigrant.

Of course, there are always people who may think otherwise. There are groups have said that such a law is not that fair. There are civil rights groups who believe that this can be abused. In fact, they see it as discrimination of race but only in a different hue. Still, discrimination it still is.

Officers have come forward and said that even if this bill allows them to check for identity and for the right immigrant documents, they have no problem enforcing it. Plus, they have also said that they will not abuse their power and that they will not be harassing any people. Of course, the definition of harassment can be subjective and that depends on who is doing what and who is on what end.

This new law has got to be reviewed as there are people in Arizona marching on the streets to have their say against this. In fact, there may be more Goodyear homes for sale this time if this continues and less people who own Goodyear real estate.

Immigration Consultants in Hyderabad

Moving to a country is not as straightforward as planning to move to the country. So it is must think and plan for the best prospect in an intelligent way. Flying to other countries is through a Visa, which has become easy by the Visa consultants. There are a number of categories to choose from visa consultants such as Student visa, employment visa, and business visa and more, any of them can be useful for immigration to other countries from Hyderabad.

The eligibility criteria are different for the countries, based on your education, age, work and financial status immigration can be carried. In order to get eligible need help from experts simply, immigration consultants in Hyderabad.. Suggestions are to take help from metro city like Delhi for best results, and if they have a branch in Hyderabad it is more helpful.

Nowadays many consultancies are allowing online services to guide and help people from various cities of the country. The immigration consultancies have updated information for the immigration process so it would be a better use for them under some circumstances.

As known, processing visa is a difficult task to carry on, and a visa consultant may help if needed. The experience makes a person to learn things and the experienced people are with immigration consultants. They will be back till the end of the process by giving sufficient information. The process of requirement might be a job, study or a business the consultancy will take care of the strict process.

The countries have introduced visa process to grab skilled persons and improve their financial system. Hence they carry a long test to find excellence of the person, in the field of work he is willing to apply. The steps analyze the person on the whole, and if he is perfect to get into the country visa is issued.

Common guidelines for immigration to any country are language skills- must know English or commonly spoken language in the particular country, Education- based on the grade and the university studied, work experience- if working, the place of work and number of years took for getting settled, financially status- must show truthful statements regarding the finance.

Casual Marijuana Use may Come With Some Not-So-Casual Side Effects

FoxNews, on its website, recently posted some alarmingnews for those who think of marijuana as a fun, safe, non-hazardous drug. Their article reads as follows:

Casual marijuana use may come with some not-so-casual side effects. For the first time, researchers at Northwestern University have analyzed the relationship between casual use of marijuana and brain changes and found that young adults who used cannabis just once or twice a week showed significant abnormalities in two important brain structures.

The studys findings, published in the Journal of Neuroscience, are similar to those of past research linking chronic, long-term marijuana use with mental illness and changes in brain development.

Dr. Hans Breiter, co-senior study author, said he was inspired to look at the effects of casual marijuana use after previous work in his lab found that heavy cannabis use caused similar brain abnormalities to those seen in patients with schizophrenia.

“There were abnormalities in their working memory, which is fundamental to everything you do,” Breiter, a professor of psychiatry and behavioral sciences at Northwestern University Feinberg School of Medicine, told FoxNews.com. “When you make judgments or decisions, plan things, do mathematics anything you do always involves working memory. Its one of the core fundamental aspects of our brains that we use every day. So given those findings, we decided we need to look at casual, recreational use.”

For their most recent study, Breiter and his team analyzed a very small sample of patients between the ages of 18 and 25: 20 marijuana users and 20 well-matched control subjects. The marijuana users had a wide range of usage routines, with some using the drug just once or twice a week and others using it every single day.

Utilizing magnetic resonance imaging (MRI), the researchers analyzed the participants brains, focusing on the nucleus accumbens (NAC) and the amygdala two key brain regions responsible for processing emotions, making decisions and motivation. They looked at these brain structures in three different ways, measuring their density, volume and shape.

According to Breiter, all three were abnormal in the casual marijuana users. “For the NAC, all three measures were abnormal, and they were abnormal in a dose-dependent way, meaning the changes were greater with the amount of marijuana used,” Breiter said. “The amygdala had abnormalities for shape and density, and only volume correlated with use. But if you looked at all three types of measures, it showed the relationships between them were quite abnormal in the marijuana users, compared to the normal controls.”

Because these brain regions are central for motivation, the findings from Northwestern help support the well-known theory that marijuana use leads to a condition called amotivation. Also called amotivational syndrome, this psychological condition causes people to become less oriented toward their goals and purposes in life, as well as [to] seem less focused in general.

Guatemala and Enforcement of Foreign Judgements

Executive Summary What we are going to discuss here is whether or not a creditor can come to Guatemala with a judgment from a foreign (Non Guatemala) court and enforce it or make it collectible in Guatemala. We will look at the complications involved and the chances of success which are miniscule at best. I would like to point out that this is a topic not covered by our competition. There are collection law firms that discuss international judgement collection but they are trying to sell their services. In spite of this I have never seen one collection law firm getting enthusiastic about collecting foreign judgements. It is best done through a treaty which Guatemala does not have with any country. We will discuss the matter in depth below.
What is a Judgement A judgement is a decision from a court based on a trial or it could be based on a summary judgment where there was not trial held because the odds of success for the defendant were so small the court just goes ahead and railroads him. Sometimes this happens because the defendant can not afford a legal defense. This is prevalent in the USA. In this discourse we are addressing judgments for money damages. A judgement can have other aspects to it like an eviction proceeding ordering one to leave a house. It does not matter if it is a local court or a national court for this discourse. This is because Guatemala has no treaties for enforcement of foreign judgments but more on this later. The court would need to be contained in a country that Guatemala has diplomatic relations with. Guatemala also insists that the country of the judgement allows Guatemala judgements to be enforced in that country.
What is Not a Judgement A tax lien is not a judgment. Tax liens can come from local or national governments. There is normally no trial preceding a tax lien. There was no judge, no jury, no due process, no right to defend yourself, no attorney present for the defendant, no right to examine your accuser, no chance of jury nullification, etc. This is a government administrative procedure that is not enforceable offshore in other countries. A tax lien would need to be reduced to a judgement by filing a lawsuit in a court of appropriate jurisdiction in the home country. It would be like any other lawsuit. The defendant would have the right to present a defense and have a jury trail. Such a judgement would also then be dischargeable in an ordinary bankruptcy case. Tax liens are practically never converted into a judgement for these reasons and of course the expense involved, time delay to go to trail and so forth.
Guatemala Has No Treaty for the Enforcement of Foreign Judgements It is good that Guatemala has no such treaty. If a treaty like this was present the process of collecting a foreign judgment would be simplified. The judgment itself would be sufficient evidence to proceed with collection. With Guatemala, foreign judgements are anything but a cost effective easy thing to collect on.
Guatemala Corporations and Foreign Judgements Before we get into the ins and outs of the nightmares associated with collecting foreign judgments in Guatemala lets look at the initial problem a judgment creditor would face. We always have our clients use corporations for asset protection. This applies to banking, real estate, cars etc. We prefer to start with fresh corporations formed in the jurisdiction as long as they are anonymous bearer share corporations. Guatemala has very anonymous bearer share corporations. The names of the owners of the corporation do not appear in any public registry, database and the government does not know who owns the corporation. In places like the USA where the legal system has run amuck you will hear a lot of talk concerning piercing the corporate veil. This piercing the corporate veil tactic is nasty and effective in the USA. Try it in Guatemala and you will fail and have one angry judge to deal with who will be less than appreciative of your attempts to import sleazy legal tactics from the USA into his or her courtroom. The corporate veil is not going to be pierced for foreign cvil judgement collection matters. So how does the creditor attack real estate or a bank account owned by a corporation in Guatemala? He doesn’t! You are the owner of the corporation but he does not know that and cannot prove that. Ownership of Guatemala corporations is not in any public registry or database. Going to court and saying well the judgment debtor wired funds from his home country bank account to a bank account owned by this corporation, is not going to prove a single thing in Guatemala regarding corporate ownership. The judgment debtor may have invested in this corporation, he may have bought real estate from this corporation or bought a boat, a plane a car, etc. It does not prove any ownership. The judgement creditor is not going to be able to get into any Guatemala banking records using a foreign judgment as grounds. Guatemala has serious bank secrecy. You must understand that in Guatemala a corporation is a free standing judicial person (artificial person) that has its own assets and liabilities. Your liabilities are not the liabilities of the corporation. This means personal debts do not transfer over to a corporation.
Fraudulent Conveyance The catchall used to attack offshore bank accounts is fraudulent conveyance. A fraudulent conveyance references activity where funds or assets were removed from a jurisdiction to prevent a creditor from recovering the debt. The term can also apply to transferring title of real estate or a car to another to keep it from being attached by a creditor. Panama allows a creditor to pursue a fraudulent conveyance action based on a foreign judgment and this even applies to their foundations. As a comparison Guatemala is not a fraudulent conveyance friendly jurisdiction. Such cases are seldom ever heard of in Guatemala because the chances of success are extremely slight. The plaintiff would need to show that the transfer was specifically designed or intended to remove the assets from the reach of the creditor. If the defendant could show this was not the case then there is no fraudulent conveyance. The money could have been moved to say a Guatemala corporation to pay for services, goods, make an investment, buy a residence, invest in real estate, buy a boat, and so forth. Please bear in mind that in Guatemala the creditor is in the dark. He cannot just subpoena bank records like in other countries. He has no idea who owns the corporation. There are a lot of just about insurmountable obstacles in the path the creditor has to follow. This is why we do not really see these cases in Guatemala.
Foreign Judgement Enforcement Complications in Guatemala There are a lot of conditions that need to be met to enforce a judgment in Guatemala from another country.
Default judgments are not enforceable in Guatemala. The defendant must have been served personally. This means a live process server gave them the legal papers. If the service was by mail, by courier, by publication it invalidates the entire lawsuit and judgement as far as Guatemala is concerned. Dropping the papers on the doorstep or taping them to the door is not going to work. This right off the top eliminates a large amount of judgements.
The judgment must be final in that there is no more room for appeals. This is usually going to mean a few months in most cases.
The court that issued the judgment has to have had proper jurisdiction over the matter. Frivolous cases filed in foreign jurisdictions with incorrect venue or authority are not going to be enforceable. The debtor can always argue that the jurisdiction or authority the court asserted is incorrect. This can then make it a triable issue of fact in the Guatemala courts. The defendant would try to get the plaintiff to retry the entire case in Guatemala if he could not find another way to dispose of the matter. To do this means two sets of lawyers for the plaintiff, one in Guatemala and one from the foreign country. Think big money. Remember that Guatemala has no treaties for the enforcement of foreign judgments. This opens up the playing field to counter attack the plaintiff attempting to collect the judgement. When there is a treaty the judgment itself stands as admissible evidence and the grounds for objecting are most limited.
There is no enforcement if no such claim would be possible under Guatemala law. Guatemala will refuse to enforce the foreign money judgment if the claim on which the foreign judgment is based could not have been brought in Guatemala. The foreign case has to be consistent with Guatemala law. Guatemala law is not as crazy as USA, UK law. If you were sued for sending out faxes that were unsolicited, this judgment would be void in Guatemala since they have no such law in Guatemala. Many USA lawsuits are for civil violations that are absent from Guatemala law and thus not enforceable in Guatemala. This means the foreign attorney will have to retain foreign counsel to review the case and see it is consistent with Guatemala law. Can be expensive. He may have to have the entire matter translated into Spanish by a certified translator at a cost of $10 to $15 a page. Some cases are hundreds of pages. Then the Guatemala lawyer has to read the case which means billable hours. He will ask questions to the foreign attorney so now we get into double billable hours. In any event to enter the judgment into the Guatemala court system in an effort to collect there would need to be a translation of the judgment into Spanish. Then when the debtor started making objections the entire case file would most likely need to be translated into Spanish.
If the judgment was for contempt of court it makes the judgment not valid in Guatemala. This sort of judgment would not be collectible in Guatemala.
The judgment has to not be for default. In other words if you failed to respond to a foreign court action and were in domicile in Guatemala and they got a summary judgment that would not be a valid judgment.
More Foreign Judgment Collection Obstacles in Guatemala The creditor wishing to collect on a foreign judgment in Guatemala is basically on a financial mission, to collect funds. His path is like walking through a minefield. He can hit a number of unexpected or hidden tactics presented by the debtor that will make a financial recovery very unlikely.
First, we have to look at the appeals process open to the defendant. These are the things a creditor will be advised to consider before proceeding with an expensive and time consuming foreign judgment matter in Guatemala. Please bear in mind the defendant (debtor) can appeal any negative decision from a lower court two ways. The defendant can appeal to the Supreme Court claiming the law was not followed correctly applying any of the above noted objections, or all of them. He can also claim procedures were not followed correctly. He can claim the case is not consistent with Guatemala law. He can attack the way he was served. There are many things he can do. He can even file a counter claim against the creditor. The other appeals option is to appeal to the special Constitutional Courts Guatemala has to just decide constitutional issues. How hard would it be to argue that the defendant had some constitutional rights violated in the process somewhere.
If all that fails after years of waiting for the process to work its way through the courts, then there is the bankruptcy option. Guatemala has a complex bankruptcy court system that could be utilized for shelter from creditors. Using these appellate processes is going to run up the bill for the plaintiff substantially. Without the appeals system, the time required for cases can run up to the 3-5 year mark easily. Then add in appeals. and the bankruptcy for even more years. The plaintiff could conceivably go broke or die of old age before the appeals process runs out. They might recover nothing especially if a bankruptcy is used. The plaintiff might never prevail. The expenses involved could be more than the amount of the judgment. By the time all the appeals are used, the time limit for the judgment may have expired (7-10 years usually) and then the case could be dismissed because the judgment is not longer valid, thus not enforceable. And on and on it goes. Such collection efforts are indeed rarely ever seen in Guatemala.
Summary If you have read this you are looking for a secure offshore asset protection jurisdiction and structure. We have several excellent options. Please bear in mind the perfect jurisdiction and structure does not exist. There is always going to be a give and take scenario. We have managed to isolate a few excellent options but there is no perfect solution that meets the needs of everyone. We do try though!