Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Monthly Archives: January 2013

Where Are We Headed?

Posted in Cross-border trade, Customs Law

Originally published by the Journal of Commerce in December 2012 What happens in the regulatory arena over the next year depends in great measure on how disciplined Congress becomes. For example, where will budget cuts hit the various regulatory agencies?  Will new laws be enacted which require agencies to take on significant new responsibilities but… Continue Reading

New Conflict Minerals Rules

Posted in Customs Law, Legal Developments

Originally published by the Journal of Commerce in October 2012 The Securities and Exchange Commission (SEC) issued the long-awaited conflict minerals regulations on September 12, 2012. See http://www.gpo.gov/fdsys/pkg/FR-2012-09-12/html/2012-21153.htm for the full text. They take effect on November 13, 2012 and cover products that include tantalum, tin, gold or tungsten. The goal of the law is… Continue Reading

Where Are We Going?

Posted in Customs Law, Export Controls & Economic Sanctions, Legal Developments

Originally published by the Journal of Commerce in August 2012 Last month, the L.A. County Bar’s Customs Law Committee had a meeting with the local U.S. Attorney.  Perhaps the most interesting point which resulted was agreement among all parties that not enough prosecutions are taking place regarding purely import/export trade fraud cases. While this might,… Continue Reading

What Me Responsible????

Posted in Customs Law, Legal Developments

Originally published by the Journal of Commerce in July 2012. One of the hallmarks of an importer’s relationship with Customs and Border Protection is reasonable care. In its simplest terms, this means the importer has taken all the reasonable steps necessary to make sure the classification and value of his goods are accurately stated at… Continue Reading

What Happened With My Continuous Bond?

Posted in Anti-Trust/Competition Law, Cross-border trade, Customs Law, Legal Developments

Originally published by the Journal of Commerce in June 2012. One of the surety companies, which is a major player in the Customs bond market, recently sent a general notice reminding customs brokers that when an importer has a continuous bond, it is an increased risk indicator if CBP starts demanding single transaction bonds. While… Continue Reading

Centers for Excellence and Expertise – What Does The Future Hold?

Posted in Customs Law, Intellectual Property, Legal Developments

Originally published by the Journal of Commerce in May 2012 At the Trade Symposium which occurred on May 10, 2012 in Long Beach, CA, much of the attention was on the CEEs, or Centers for Excellence and Expertise. Acting Commissioner David Aguilar kicked off the event by confirming CBP recognizes it needs to change its… Continue Reading

Homeland Security – Is It Really Just All About Cargo Security?

Posted in Legal Developments

Originally published by the Journal of Commerce in April 2012. At the recent 7th Annual Homeland Security Law Institute sponsored by the American Bar Association’s Administrative Law Section, the most interesting panel was one entitled: “Executive Agency General Counsel Panel: A Look At Homeland Security Legal and Policy Issues”.  The participants were senior attorneys from… Continue Reading

CBP Update

Posted in Customs Law

Originally published by the Journal of Commerce in February 2012 In recent weeks there have been several meetings in the Los Angeles area at which local and Headquarters Customs and Border Protection (CBP) senior managers have given presentations about the priorities for the agency in the current fiscal year. Despite the fact CBP will function… Continue Reading

The Government Generally Gets Its Way

Posted in Corporate Counsel, Criminal Law, Customs Law, Legal Developments

Originally published by the Journal of Commerce in January 2012 – The Government Generally Gets Its Way Did you see the press coverage in August 2011 surrounding the raid by Fish + Wildlife and Homeland Security (ICE) Investigators on Gibson Guitar’s facilities in Nashville and Memphis, TN? As that case proceeds, one is forced to… Continue Reading

Foreign Corrupt Practices Act

Posted in FCPA/Anti-Corruption, Legal Developments

On November 14, 2012, the Dept. of Justice and the Securities and Exchange Commission published “A Resource Guide to the U.S. Foreign Corrupt Practices Act.” For detailed coverage about its provisions and what was left out, see Part 1 – http://www.msk.com/news/pub.cfm?id=1988&type=Alerts Part 2 – http://www.msk.com/news/pub.cfm?id=2000&type=Alerts Part 3 – http://www.msk.com/news/pub.cfm?id=2004&type=Alerts

ICE on the Rocks

Posted in Legal Developments, Uncategorized

While originally written, the article dealt with the arrest of an industry leader. That case has now been resolved with a guilty plea. The article remains nonetheless timely as it raises questions about how companies and ins