PERSONAL JURISDICTION

4.1 Personal Jurisdiction

• The clear standard to decide the scope of "alter ego" should be provided.

• As long as a foreign enterprise has no branch or subsidiary in the United States and is not doing business in the United States, neither the Justice Department nor FTC may not exercise personal jurisdiction over such foreign enterprise.

4.2 Investigatory Practice Relating to Foreign Nations

• The 1994 Guidelines state that just because the foreign statutes prohibit persons to disclose document or information for use in United States proceedings, such statutes does not excuse noncompliance with a request for information from the Justice Department or the Federal Trade Commission. The clear relational for this should be provided.

• By adding explanation about the balancing test (balancing of the interest of the United States and that of a country involved in this issue) applied in the cases, including Societe Internationale pour Participations Industrielles et Commerciales, S.A. v. Rogers cited in Footnote 94 of the 1994 Guidelines, it should be clearly stated in the 1994 Guidelines that the U.S. Agencies would, in applying for the court order, proceed with discreet coordinating efforts with the country so that such enforcement of the order does not cause the infringement of foreign sovereign.