Indian court orders Briton held during copter bribery probe

Legal Issues

An Indian court on Wednesday ruled that officials may hold a British man while they investigate him for alleged bribery in a canceled $670 million helicopter deal between India and an Italian defense company.

Judge Arvind Kumar allowed Briton Christian James Michel to meet briefly with his attorney, who sought unsuccessfully to have him released on bail while the charges are investigated. Michel was extradited to India from Dubai on Tuesday to face charges of channeling bribes to Indian contacts.

Michel was detained in Dubai last year after India asked the United Arab Emirates for his extradition.

Indian investigators said in court documents that Michel transferred the money from a British subsidiary of Finmeccanica, which has since been renamed Leonardo S.p.A.

In 2014, India received three of 12 AW101 helicopters it had ordered to fly senior officials but then halted the deal after the bribery allegations surfaced.

The Central Bureau of Investigation said Michel was a frequent visitor to India when the deal was being negotiated and "was operating as a middleman for defense procurements through a wide network of sources cultivated in the Indian Air Force and Ministry of Defense at different levels, including retired and serving officials."

Indian investigators want Michel to reveal the names of Indian politicians involved in the alleged scheme. The opposition Congress party was ruling the country at the time.

With national elections due in March-April, Prime Minister Narendra Modi's Hindu nationalist party is expected to try to embarrass the Congress party, its main rival, if Michel names some of its leaders as beneficiaries in the helicopter deal.

India is upgrading its military and has become the world's biggest arms and defense equipment buyer in recent years. Arms deals have often been marred by allegations that foreign companies paid huge kickbacks to Indian officials.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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