Florida-based International Biofuels Commission to Play Pivotal Role In Strengthening the Worldwide Renewable Energy Market
MIAMI – February 17, 2009 – Gunster shareholder James E. McDonald who serves as the general counsel for the International Biofuels Commission (IBC) recently addressed the critical need for infrastructure and logistics to support worldwide biofuels production and trade during a recent presentation to members of the Canning House in London, the prestigious headquarters for the Hispanic and Luso Brazilian Council, a non-political, non-profit organization that stimulates understanding between Britain, Spain, Portugal and Latin America.

“The course of recent events has propelled interest in biofuels to a new level around the globe. For example, studies show the demand for ethanol will greatly outweigh the available supply by 2012,” said McDonald. “In response, the IBC plans to significantly expand its scope and pace of activities this year. It intends to continue its pivotal role as a clearing-house for information on biofuels policy issues and enhance attention to stimulating new research; initiate an aggressive public education program aimed dispelling common misconceptions; conduct an active outreach program with Congress and the Obama Administration; and capitalize on the IBC’s success in helping Florida pass ambitious biofuels legislation by becoming active in the public policy debates of other states now contemplating similar action.”

“Meeting the enormous supply-demand gap will be a great challenge for nations around the globe,” said McDonald.

“New countries interested in developing programs must conduct detailed assessments on such issues as land use, biomass potential, consumer demand, labor conditions, business competitiveness, available technology, and social impacts,” he said. “However, a global biofuels market will depend on several variables like political decisions on internal markets in individual countries, the development of harmonized sustainability criteria, internal trade negotiations (World Trade Organization), citizen reactions, and the price of a barrel of oil.”

McDonald said currently biofuels are considered an emerging resource and are not classified in a fashion conducive to trade under the WTO’s Harmonized Standard system.

“With the international ethanol trade, challenges toward building a global commodity market include legal tariff settings and uniform production standards,” he said. “There should be an end to protectionist measure in the developed countries. For example, the European Union has a 6.5% ad valorem tax on biodiesel imports. The United States has 54-cent-per-gallon duty on most imported ethanol.”

Former Governor of Florida Jeb Bush, former Agriculture Minister of Brazil Roberto Rodrigues, and President of the Inter-American Development Bank Luis Alberto Moreno launched the Inter-American Ethanol Commission (IEC) in 2006. It changed its name to the International Biofuels Commission in 2008 and has offices in Miami, Washington, D.C. and Sao Paulo, Brazil.

The goals of the IBC are to educate the general public and policymakers on the greatly enhanced role that biofuels will have on the future, promote governmental policies that encourage the expanded production and use of biofuels around the globe, and create a forum where the private sector can bring together key elements of production – land, technology and capital.

The IBC already has compiled an impressive track record of accomplishment by playing a seminal role in the remarkable expansion of U.S. government biofuels objectives over recent years, helping to precipitate the U.S.-Brazil strategic partnership on biofuels, carrying out a campaign of advocacy that resulted in Florida’s new biofuels legislation, and actively participating in public affairs events throughout the United States and the western hemisphere.

In addition to serving as general counsel to the IBC, McDonald assists Gunster’s renewable energy clients in obtaining financing for projects throughout the Caribbean and Central and South America. He has lectured internationally on business matters and biofuels including: “Breaking Business Barriers Towards A Rational Ethanol Marketplace,” Canning House in London; and “Opportunities for the Production of Biofuels in America,” SACC E-Day in Sweden.

A member of Gunster’s Business Litigation Practice Group, McDonald is a former FBI agent, assistant U.S. attorney, congressional staff attorney, and counsel to the governor of Florida before he entered into private practice. He also has experience in the area of white-collar crime including Medicare and Medicaid fraud and government investigations.

Gunster tax attorney Mark Scheer and corporate attorney Mahesh Nanwani round out the firm’s Renewable Energy Practice Group that draws upon the firm’s statewide legal resources in corporate, private wealth services, litigation and real estate law.

Established in 1925, Gunster is a full-service Florida law firm with eight offices around the state, providing counsel to leading businesses and individuals. Our statewide presence and high-performance culture reflect the firm’s status as Florida’s lawyers for business. Gunster services clients from its offices in Fort Lauderdale, Jacksonville, Miami, Palm Beach, Stuart, Tallahassee, Vero Beach and its headquarters in West Palm Beach, with 140 prominent attorneys and 200 committed support staff.

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