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

Monthly Archives: January 2014

Wassenaar Countries Agree To Limit Transfers of Surveillance Technologies

Posted in Export Controls & Economic Sanctions, Uncategorized

At the December 3-4, 2013 Plenary meeting of the signatories to the The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (the “Wassenaar Arrangement), the parties agree to additions to the List of Dual-Use Goods and Technologies. The newly added export controls relate to surveillance technology.  The Public Statement relating… Continue Reading

Circumvention of Antidumping and Countervailing Duties Is Going to Cost The Importer

Posted in Trade Remedies

It is not a good idea to intentionally evade the payment of anti-dumping and countervailing duties by conspiring with a manufacturer in a subject country to transship goods (in an unchanged condition without any modification) through a third country.  A U.S. importer learned an expensive lesson for their actions in the United States. Canadian importers… Continue Reading

Prescribed Form for Reporting Exports of Controlled Goods From Canada

Posted in Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions

On January 17, 2014, the Canada Border Services Agency posted Form BSF728 “”Electronic Export Reporting of Controlled Goods Process“. This form is required pursuant to section 95 of the Customs Act (Canada),  which requires “all goods that are exported shall be reported at such time and place and in such manner as may be prescribed.” … Continue Reading

What is a Detailed Adjustment Statement?

Posted in Customs Law, Trade Remedies

A detailed adjustment statement (also called a “DAS”) is the term used by the Canada Border Services Agency (“CBSA”) for an assessment or reassessment of duties (customs, excise, anti-dumping, countervailing) or penalties.  A DAS may be issued with respect to the original assessment/reassessment by the CBSA or after a request for redetermination.  The same form… Continue Reading

The ABCs of Canada’s Export Controls and Economic Sanctions Laws – Part 2

Posted in Aerospace & Defence, Border Security, Controlled Goods Program, Export Controls & Economic Sanctions

Yesterday, we published “The ABCs of Canada’s Export Controls and Economic Sanctions Laws – Part 1”.  Today, we are providing the second part of the blog post. M = Minister Approvals = Canada’s Minister of International Trade and/or the Minister of Foreign Affairs may issue a Ministerial Authorization to permit certain transactions with designated persons… Continue Reading

The ABCs of Canada’s Export Controls and Economic Sanctions Laws – Part 1

Posted in Border Security, Export Controls & Economic Sanctions

As 2014 begins, we want exporters in Canada to succeed in their export trade activities.  Here is an alphabetical guide to some the relevant Canadian export controls and economic sanctions issues. A = Area Control List – Canada’s Area Control List (ACL) is a list of countries in respect of which Canada requires export permits… Continue Reading

Canada Border Services Agency Commences Copper Pipe Fittings Reinvestigation of Normal Values

Posted in Trade Remedies

On January 15, 2014, the Canada Border Services Agency (CBSA) commenced a reinvestigation of of the normal values and export prices of certain copper pipe fittings originating in or exported from the United States of America, the Republic of Korea and the People’s Republic of China (China) and the amounts of subsidy of the same… Continue Reading

Play in Again Sam – CBSA Updates Royalties and License Fees Memoranum

Posted in Cross-border trade, Customs Law

On January 14, 2014, the Canada Border Services Agency (CBSA) issued a revised version of D-Memo D-13-4-9 “Royalties and License Fees”.  The revisions do not involve extensive changes to the CBSA’s existing policies.  The revised version of the D-Memo includes only minor amendments of a housekeeping nature. This presents an opportunity for importers of goods… Continue Reading

Know the Rules: Canada Border Services Agency Releases Revised NEXUS Membership Guide

Posted in NEXUS

Updated – See: Know the Rules: Canada Border Services Agency NEXUS Membership Program Guidelines. On January 13, 2014, the Canada Border Services Agency (CBSA) released a revised NEXUS Membership Guide (BSF5095).  NEXUS card holders should review the rules of the NEXUS program in order to avoid problems at the Canadian border.  The rules are strictly enforced. … Continue Reading

What Kind Of Wake Up Call Would You Like?

Posted in Aerospace & Defence, Border Security, Controlled Goods Program, Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption

Do you know if your customs compliance program is effective?  Do you know if your export controls and economic sanctions internal controls are working properly? Do you have any internal controls to detect payments of bribes to foreign public officials or the recording of such improper payments in your books and records? If the answer… Continue Reading

What is an Ascertained Forefeiture?

Posted in Customs Law

Normally, if an importer fails to declare goods or undervalues the goods, the Canada Border Services Agency (CBSA) may seize goods as forefeit and/or ascertain an amount as a penalty to get the goods back.  An ascertained forfeiture occurs when the goods cannot actually be seized (because the good cannot be located or seizing the… Continue Reading

The Panic Call: How Many Corruption of Foreign Public Official Act Files Start

Posted in FCPA/Anti-Corruption

Based on my experience, most Corruption of Foreign Public Officials Act (Canada’s version of the Foreign Corrupt Practices Act) start with an after hours telephone call.  You can usually sense the panic through the telephone line. The caller has learned that the company (which has international activities) is under investigation for bribing a foreign public… Continue Reading

Controlled Goods Program To Undergo Changes in 2014 – Consultations Underway

Posted in Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Government Procurement

in November 2013, Canada’s Public Works and Government Services Canada (PWGSC) announced consultations concerning the implementation user fees in connection with the Controlled Goods Program (CGP). The Controlled Goods Program is administered by the Controlled Goods Directorate of PWGSC (CGD). The CGD is responsible for administering Canada’s domestic industrial security program relating to the possession and/or… Continue Reading

Canada to Update Export Controls List to Remove Unnecessary Restrictions

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Government Procurement

On October 23, 2013, Lee Berthiaume reported in the Ottawa citizens that the Canadian “Government to remove export controls on hundreds of goods“. According to Mr. Berthiaume, the government of Canada is reviewing the Export Control List with the goal to removing hundreds Canadian-made military items.  The objective of this exercise is to assist Canadian… Continue Reading

The ABCs of Canadian Border/Customs Laws

Posted in Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, GST/HST, Harmonization, NEXUS, Tax, Trade Agreeements

As 2014 begins, we want importers in to Canada to succeed in their cross-border trade activities.  Here is an alphabetical guide to some the relevant Canadian customs/border issues. A =  Ascertained Forfeitures – The Canada Border Services Agency (CBSA) will issue an assessment based on best information available if they do not have the item. … Continue Reading

The CBSA Is Looking Out For Canadians Returning From Cruises Who May Have Shipped Undeclared Goods

Posted in Criminal Law, Customs Law, NEXUS

Canadians taking Caribbean cruises should know that the CBSA has seen it all before.  It is not uncommon for a Canadian or resident of Canada to be wrongly informed at a duty-free store on board the cruise ship or by a salesperson at a shop in a Caribbean port that they can save the Canadian… Continue Reading

Families That Travel Together May Have Their NEXUS Passes Cancelled Together

Posted in NEXUS

The Canada Border Services Agency (CBSA) has designed the E311 form (Declaration Card) so that families of 1-4 individuals can complete a single declaration card. Canadian citizens and residents must complete a Declaration Card when returning to Canada by air.  At land border crossings, the CBSA prefers each NEXUS traveler complete a Traveller Declaration Card… Continue Reading

A Wake-Up Call: USCBP Destroy Canadian Flute Virtuoso’s Flutes In Error

Posted in Agriculture, Border Security, Customs Law

On January 1, 2014, the Boston Globe reported in an article entitled “Virtuoso’s flutes destroyed by US Customs” that U.S. Customs and Border Protection (USCBP) opened Boujemaa Razgui’s luggage and destroyed his flutes. Mr. Razgui is a Canadian citizen and is a flute virtuoso who performs regularly with The Boston Camerata. At New York’s JFK… Continue Reading

Top 10 Canadian Customs/Border Issues Predictions for 2014

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Trade Agreeements, World Trade Organization

It is January 1, 2014 and time for Cyndee’s top 10 predictions for 2014. There will be a number of border issues for Canadians and persons doing business with Canadians. 1. The Canada Border Services Agency (CBSA) will confiscate and cancel an increasing number of NEXUS passes.  In 2013, we saw many NEXUS pass holders… Continue Reading