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

Monthly Archives: January 2015

The More Things Change – The More They Stay the Same

Posted in Immigration law, Legal Developments

Originally published by the California Fashion Association in January 2015 Authored by Howard D. Shapiro and David S. Rugendor, Edited by Susan Kohn Ross On November 20-21, 2014 President Obama announced “executive action” on immigration policy. These proposals were instantaneously controversial; businesses are left to ask – what does all of this mean to our… Continue Reading

Proper Internal Controls: A Must

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border trade, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments, NAFTA Chapter 11, Trade Agreeements, Trade Remedies, Transportation

Originally published in the October 2014 Journal of Commerce on-line When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must…. Continue Reading

Say What?

Posted in Corporate Counsel, Criminal Law, Cross-border trade, FCPA/Anti-Corruption, Legal Developments, Trade Agreeements, Transportation

Originally published in the November 2015 Journal of Commerce on-line Many trade associations are grappling with declining membership likely contributed to by the absence of pressing issues grabbing industry-wide attention, despite export reform and the ACE roll-out. A quite different phenomenon continues to expand – the criminalization of civil violations. Two recent cases are reminders… Continue Reading

Compliance is the Key – No Surprise!

Posted in Corporate Counsel, Criminal Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies

Originally published  in the January 2015 Journal of Commerce on-line Last week, Women in International Trade in Orange County presented a half  day program that featured speakers from Customs and Border Protection, the Food & Drug Administration, Consumer Products Safety Commission and U.S. Dept. of Agriculture.  The luncheon speakers were two Assistant United States Attorneys…. Continue Reading

Cuba Regulations Change – Round 1

Posted in Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Trade Agreeements

In the January 16, 2015 Federal Register, both the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS) published the first revisions to the U.S.’ Cuba economic sanctions. As expected, those changes consisted mostly of expanding existing exceptions or granting general licenses in already well-defined areas. With this round of… Continue Reading

Customs Is Again Getting Overly Creative

Posted in Cross-border trade, Customs Law, Legal Developments, NAFTA, Trade Agreeements

In late October 2014, Customs and Border Protection (CBP) issued a guidance message in which it laid down new rules regarding post-importation/post-entry claims for duty preference  and duty reduction programs – see http://www.cbp.gov/sites/default/files/documents/CSMS%20message_Post%20entry%20preference%20claims.pdf for the exact text. Specifically, CBP decided unless the program under which the duty free claim is being made specifically contains a post-entry… Continue Reading