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

Monthly Archives: February 2016

A Mistake That People Make After Getting Into Trouble With The CBSA

Posted in Customs Law, NEXUS

I often receive calls from individuals who have had their NEXUS membership cards cancelled or confiscated by the Canada Border Services Agency (“CBSA”). Many of these individuals believe that the CBSA was sympathetic  to their situation and was trying to help when the CBSA officer suggested that they write a letter explaining their side of… Continue Reading

Cyber Bill No Real Help to Supply Chain Security

Posted in Border Security, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy

Originally published by the Journal of Commerce in January 2016 In the lead-up to President Obama signing into law on December 18, 2015 the Cybersecurity Act of 2015, Public Law. 114-113, there was hope that finally there would be a vehicle through which the federal government would be able to share broad ranges of supply… Continue Reading

Trans-Pacific Partnership: Bane or Boon?

Posted in Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Intellectual Property, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in November 2015 As every international trader worth his/her salt knows, the text of the Trans-Pacific Partnership was released on November 5th. Given word from the Executive Branch is the agreement is still being “scrubbed”, it is reasonable to conclude the text is not yet final, but is… Continue Reading

Trans-Pacific Partnership Negotiations Concluded – Now What?

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Intellectual Property, Legal Developments, origin, Trade Agreeements

Originally published by the Journal of Commerce in October 2015 With the news the Trans-Pacific Partnership (TPP) negotiations have been successfully concluded, the obvious question is what is next? The Republican leadership in the House of Representatives is in chaos. As we go to press, the presumptive new Speaker has withdrawn, the caucus is coming… Continue Reading

U.S. Customs and Border Protection Has ACE Up Its Sleeve

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement

A version of this article was also published by the Journal of Commerce in February 2016. What a difference a few days make! Up until Monday, February 8th, it was understood that on February 28th, CBP entries, and those filed with the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and… Continue Reading

ACE Deadline Reminder for Imports and Exports

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only replaces the current Customs and Border Protection (CBP) system, but is designed to reengineer CBP’s operational processes; develop… Continue Reading

New Cybersecurity Law – Are You Prepared?

Posted in Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy, FCPA/Anti-Corruption

Originally published in January 2016 On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the framework for the means and methods by which the private sector may submit such information to the government and by which the… Continue Reading

DOJ Sets Its Sights on Directors and Officers

Posted in Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy, Government Procurement, Trade Agreeements

Originally published in September 2015. Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for Corporate Wrongdoing. In it, Main Justice made clear to all offices that any activity which… Continue Reading

Importation of Vehicles into Canada

Posted in Uncategorized

I am often contacted by individuals who want to import a vehicle they own into Canada. Sometimes, I am called by a non-resident.  Other times, I am called by a Canadian resident who is buying a car on Craigslist. On January 21, 2016, the Canada Border Services Agency (“CBSA”) posted on their web-site D-Memorandum D19-12-1… Continue Reading

What Does Canada’s Auditor General Say About Canada’s Export Controls?

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

On February 2, 2016, Canada’s Auditor General released “Report 2 – Controlling Exports at the Border“, which looks at whether the Canada Border Services Agency (“CBSA”) had the necessary in formation, practices and controls at the border to implement its export enforcement priorities.  What is interesting about this report is that it talks about Canada’s… Continue Reading

What is an Ascertained Forefeiture by the Canada Border Services Agency?

Posted in Customs Law

An ascertained forefeiture is a monetary penalty levied by the Canada Border Services Agency (“CBSA”) when a CBSA officer believes on reasonable grounds that a person has imported goods into Canada illegally (or without reporting the goods). An ascertained forfeiture occurs when the goods cannot actually be seized (because the good cannot be located or… Continue Reading

EU Safe Harbor- Nothing Settled Yet

Posted in Corporate Counsel, Cross-border deals, Cybersecurity and Privacy, U.S. Federal Government, Uncategorized

While a new Safe Harbor agreement was hoped for by the January 31, 2016 deadline, negotiations still continue. It is expected the European Commission will receive an update, but keep your fingers crossed for an actual deal! In the meantime, American companies continue to rely on recommended provisions to satisfy their privacy protection requirements.

Who Is The Exporter For Special Import Measures Act (SIMA) Purposes?

Posted in Antidumping, Trade Remedies

It is an important question “Who is the exporter for SIMA purposes?” because exporters must complete exporter requests for information in SIMA anti-dumping/countervailing duty proceedings.  The term “exporter” is not defined in the SIMA.  As  result, we must turn to the case law. An important case is Emco Electric International – Electrical Resource International v…. Continue Reading