[Federal Register Volume 61, Number 40 (Wednesday, February 28, 1996)]
[Notices]
[Page 7572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4469]



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DEPARTMENT OF STATE
[Public Notice No. 2348]


State Department Advisory Committee Study Group Meeting on 
UNCITRAL Project on Cross-Border Insolvency

    The Study Group on Cross-Border Insolvency of the Secretary of 
State's of State's Advisory Committee on Private International Law 
(ACPIL) will hold its next meeting on Saturday, March 16 from 10 A.M. 
to 3 P.M. to review international efforts to harmonize rules on cross-
border insolvency cases involving commercial entities.
    The meeting will review the recent Report by the United Nations 
Commission on International Trade Law (UNCITRAL) Working Group on 
Insolvency Law, which met in November 1995 to consider possible 
standards for procedural aspects of cross-border insolvency. No 
decision has been made as to the form any proposed rules should take, 
i.e. whether to prepare UN guidelines, consensual rules, a model or 
uniform law, or a multilateral treaty. The Advisory Committee Study 
Group meeting will facilitate preparation of possible United States 
positions for the next meeting of the UNCITRAL intergovernmental 
Working Group in April, 1996, and consider other United States 
initiatives as well.
    UNCITRAL decided at its Plenary session in May, 1995 to work 
primarily on procedural, rather than substantive, rules. Based on the 
Report referenced above, this is likely to cover judicial cooperation, 
jurisdiction, access to proceedings for foreign trustees and other 
interests, the relationship between primary, ancillary and secondary 
proceedings, and related matters. Other procedure concerns may be taken 
up at this stage in the U.N. process, depending on the interests of 
participating countries. Future issues, such as substantive law 
involving priorities of claims and distribution could be considered, if 
at all, at a later stage.
    The relationship of the UNCITRAL project generally to U.S. 
interests, and its impact on facilitation of international trade will 
be considered. Current projects by other organizations will be referred 
to where relevant, including the American Law Institute's project on 
harmonization of bankruptcy law between the NAFTA states, the 
International Bar Association's Concordat, the recent European Union 
proposed treaty on cross-border insolvency, as well as work by INSOL, 
the American Bankruptcy Institute, and others.
    Background documents include the Report of the UNCITRAL Working 
Group, Dec. 1, 1995, UN Doc. A/CN.9/419; and a Report by INSOL 
(International Association of Insolvency Practitioners) on the Joint 
Project of UNCITRAL and INSOL, March 1, 1995. Copies of these 
documents, as well as the IBA and European Union documents referred to, 
are available from the Legal Adviser's Office at the address indicated 
below.
    The meeting will be held at the International Law Institute, 1615 
New Hampshire Avenue, N.W., Washington, DC 20009 and is open to the 
public up to the capacity of the meeting room and subject to the 
rulings of the Chair. Since space is limited, persons wishing to attend 
should advise Ms. Gonzales of the Office of Legal Adviser (L/PIL), 
Suite 355 South Building, 2430 ``E'' Street, N.W., Washington, DC 
20037-2800, fax (202) 776-8482. Persons who cannot attend the meeting 
are welcome to submit comments to the Legal Adviser's Office. For 
further information on this project or on UNCITRAL, please contact 
Harold S. Burman at the above address or at (202) 776-8420. For 
information on meeting arrangements, please contact Stuart Kerr of the 
International Law Institute at (202) 483-3036.

    Dated: February 21, 1996.
Harold S. Burman,
Executive Director, Secretary of State's Advisory Committee on Private 
International Law.
[FR Doc. 96-4469 Filed 2-27-96; 8:45 am]
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