U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Judgments and Other Cross-Border Insolvency Issues, 3915 [2014-01327]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 79, Number 15 (Thursday, January 23, 2014)]
[Notices]
[Page 3915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01327]



[[Page 3915]]

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DEPARTMENT OF STATE

[Public Notice 8607]


U.S. Department of State Advisory Committee on Private 
International Law (ACPIL): Public Meeting on Judgments and Other Cross-
Border Insolvency Issues

    The Office of the Assistant Legal Adviser for Private International 
Law, Department of State, gives notice of a public meeting to discuss 
future work related to the recognition and enforcement of insolvency-
derived judgments, along with other cross-border insolvency issues 
under consideration in the United Nations Commission on International 
Trade Law (UNCITRAL). The public meeting will take place on Wednesday, 
February 12, 2014 from 9 a.m. until 12 p.m. EDT. This is not a meeting 
of the full Advisory Committee.
    At its December 2013 session, UNCITRAL's Working Group V 
(Insolvency) determined that, among its possible areas of future work, 
the recognition and enforcement of insolvency-derived judgments should 
be the top priority. The decision of the United Kingdom Supreme Court 
in Rubin v. Eurofinance SA highlighted the need for work on this topic, 
as the UNCITRAL Model Law on Cross-Border Insolvency does not provide 
an explicit solution for cross-border harmonization, leading to 
significant uncertainty. The Working Group intends, at an appropriate 
time, to request a mandate from the UNCITRAL Commission to work on this 
topic, most likely by developing a supplement to the Model Law.
    Working Group V is also continuing its work on enterprise group 
insolvency issues. It plans to develop a set of model legislative 
provisions that would facilitate the cross-border insolvency of 
enterprise group members, addressing topics such as provision of access 
to foreign courts for foreign representatives and creditors of 
insolvency proceedings involving enterprise group members, provision of 
standing for group members to participate in the insolvency proceedings 
of other members, the use of synthetic proceedings, joint appointment 
of insolvency representatives for group members, and appropriate forms 
of relief. The Working Group also plans to continue discussing the 
responsibilities of corporate directors in the vicinity of insolvency, 
examining how such responsibilities should be applied in the context of 
enterprise groups. Finally, the Working Group also plans to discuss the 
insolvency of micro, small, and medium enterprises (MSMEs); it will 
evaluate the guidance currently provided by the Legislative Guide on 
Insolvency and determine whether further work is merited (and whether 
any such work should take the form of legislative guidance or model 
legislative provisions).
    The purpose of the public meeting is to obtain the views of 
concerned stakeholders on all four of the above topics: (1) The 
recognition and enforcement of insolvency-derived judgments (i.e., what 
approach should be taken by model legislative provisions), (2) 
facilitating the cross-border insolvency of enterprise groups (i.e., 
what approach should be taken by model legislative provisions), (3) 
responsibilities of corporate directors in enterprise groups in the 
vicinity of insolvency (i.e., what approach should UNCITRAL take), and 
(4) MSME insolvency issues (i.e., whether further work is needed, and 
what form any such work should take). Those who cannot attend but wish 
to comment are welcome to do so by email to Tim Schnabel at 
SchnabelTR@state.gov.
    Time and Place: The meeting will take place from 9:00 a.m. until 
12:00 p.m. in Room 4835, Harry S Truman Building, 2201 C Street NW., 
Washington, DC 20520. Participants should plan to arrive at the C 
Street entrance by 8:30 a.m. for visitor screening. If you are unable 
to attend the public meeting and would like to participate from a 
remote location, teleconferencing will be available.
    Public Participation: This meeting is open to the public, subject 
to the capacity of the meeting room. Access to the building is strictly 
controlled. For pre-clearance purposes, those planning to attend should 
email pil@state.gov providing full name, address, date of birth, 
citizenship, driver's license or passport number, and email address. 
This information will greatly facilitate entry into the building. A 
member of the public needing reasonable accommodation should email 
pil@state.gov not later than February 5, 2014. Requests made after that 
date will be considered, but might not be able to be fulfilled. If you 
would like to participate by telephone, please email pil@state.gov to 
obtain the call-in number and other information.
    Data from the public is requested pursuant to Public Law 99-399 
(Omnibus Diplomatic Security and Antiterrorism Act of 1986), as 
amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 
13356. The purpose of the collection is to validate the identity of 
individuals who enter Department facilities.
    The data will be entered into the Visitor Access Control System 
(VACS-D) database. Please see the Security Records System of Records 
Notice (State-36) at https://www.state.gov/documents/organization/103419.pdf for additional information.

    Dated: January 17, 2014.
Timothy R. Schnabel,
Attorney-Adviser, Office of Private International Law, Office of Legal 
Adviser, Department of State.
[FR Doc. 2014-01327 Filed 1-22-14; 8:45 am]
BILLING CODE 7410-08-P