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

Monthly Archives: May 2016

SOLAS: SAVES LIVES? CAUSES ULCERS?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, Trade Remedies, Transportation

On July 1, 2016, the Safety of Life at Sea (“SOLAS”) requirement for shippers to provide steamship lines with the verified gross mass (“VGM”) of each shipment takes effect internationally. While under development at the International Maritime Organization for years, these requirements caught many in the U.S. by surprise last summer when the deadline was… Continue Reading

CITT Issues Practice Notice of Agreed Statements of Fact

Posted in Customs Law, origin, tariff classification, valuation

On march 15, 2016, the Canadian International Trade Tribunal issued a Practice Notice entitled “Agreed Statement of Fact – Appeals”.  It is a very short statement from the Tribunal (produced in it’s entirety below): “As part of an effort to reduce parties’ costs and the time for the Canadian International Trade Tribunal (the Tribunal) to… Continue Reading

Canada’s Fathers of Confederation Envisioned Internal Free Trade Between Provinces

Posted in Constitutional Law, Legal Developments, Personal Comments, Politics, Provincial Governments, Supreme Court of Canada

On May 11, 2016, I testified before the Canadian Senate Standing Committee on Banking, Trade and Commerce, which is currently considering internal trade in Canada.  My testimony is posted on the Senate website.  In my opening presentation, I discussed the Comeau decision, which is one of the most interesting decisions I have read recently (any… Continue Reading

Everyone Deserves To Have Secrets – Defend Trade Secrets Act of 2016

Posted in Aerospace & Defence, Agriculture, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Intellectual Property, Legal Developments

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA) which brought with it a new era of accountability and expediency in protecting employers’ intellectual property. Whether proprietary lines of code in a software program, the secret recipe for fried chicken or highly-valued customer lists, “trade secrets” provide… Continue Reading

What To Do When USCBP Wants To Conduct a NAFTA Verification Of An Exporter/Producer in Canada

Posted in Cross-border trade, Customs Law, origin

Most Canadian businesses do not relish a visit from a Canadian tax auditor and also do not view with anticipation a fax from the United States Customs and Border Protection (USCBP) asking to come for a visit to conduct a NAFTA verification of their certificates of origin. NAFTA Article 506 sets out the authority for… Continue Reading

Costs of Compliance –The Missing Element

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Intellectual Property, Legal Developments, NAFTA, origin, tariff classification, Trade Agreeements, Trade Remedies, U.S. Federal Government, valuation

Originally published by the Journal of Commerce in May 2016 Only three (3) years ago, when Tom Winkowski was Acting Commissioner of Customs and Border Protection (“CBP”) and John Morton the Director of Immigration and Customs Enforcement (“ICE”), both of them acknowledged publicly how their respective agencies had lost such significant depths of knowledge and… Continue Reading

Victoria Day Week-end: Survival Guide For Cross Border Travel

Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, NEXUS, valuation

Victoria Day is the start of the long week-end season.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with… Continue Reading

Why Should SMEs Care About Incoterms® Rules?

Posted in Cross-border deals, Cross-border trade, Customs Law, GST/HST, origin, tariff classification, valuation

Small and medium sized enterprises mistakenly accept costs and financial risk when they agree to Incoterms without considering the consequences. SMEs should care about Incoterms because mistakes can be costly – very costly. What is an Incoterm? Answer:  Incoterms is an abbreviation of the phrase International Commercial Terms. The Incoterms rules are a series of… Continue Reading

NEXUS Pass Appeals Process In Canada Is Regulatory

Posted in Border Security, Canada's Federal Government, NEXUS

NEXUS pass holders sometimes run into difficulties when they return to Canada after a trip abroad.  The NEXUS pass holder may discover that their “disagreement” with the Canada Border Services Agency (“CBSA”) upon re-entering Canada may result in the immediate confiscation of their NEXUS pass or they may receive a letter in the mail (or… Continue Reading

What Are The Procedures For FTA Origin Verifications in Canada?

Posted in Canada's Federal Government, Cross-border trade, Customs Law, origin

On May 12, 2016, the Canada Border Services Agency (“CBSA”) released revised D-Memorandum D11-4-20 “Procedures for Verifications of Origin Under Free Trade Agreements”. The overall objective of an free trade agreement verification is to confirm that products covered by a certificate of origin completed by the exporter or producer qualify as originating in accordance with… Continue Reading

The CBSA Signs Secure Supply Chain Mutual Recognition Agreement With Mexico

Posted in Border Security, Canada's Federal Government, Customs Law

On May 13, 2016, the Government of Canada announced that on May 11, 2016 the Canada Border Services Agency (“CBSA”)  had signed a Mutual Recognition Agreement (“MRA”) with the Tax Administration of Mexican States. The MRA was signed at the World Customs Organization 3rd Global Authorized Economic Operators (AEO) Conference in Cancun, Mexico. This means that… Continue Reading

CBSA Announces Enhancements to Trusted Traveler Program

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, U.S. Federal Government

On May 12, 2016, the Canada Border Services Agency (“CBSA”) announced that it is expanding Free and Secure Trade (FAST) benefits for members of its trusted trader programs. The FAST Program is a joint Canada–U.S. initiative to enhance border and trade chain security and make cross-border commercial shipments simpler and subject to fewer delays. FAST… Continue Reading

Canada Announces Plans To End Strict Export Controls Against Belarus

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

On May 7, 2016, Global Affairs Canada (formerly known as DFATD and DFAIT) made an announcement that Canada plans to legally remove Belarus from the Area Control List. Belarus has been on the Area Control List since December 14, 2006.  When this occurs, only North Korea will remain on the Area Control List. The Area… Continue Reading

Will Canada Be Able To Negotiate A New Softwood Lumber Agreement With The US Before October 13th?

Posted in Canada's Federal Government, Softwood Lumber, Trade Remedies, U.S. Federal Government

The 2006 Softwood Lumber Agreement expired on October 12, 2015. There is now a one-year grace period in which the United States is obliged to refrain from bringing new trade cases against Canadian lumber. This means that new softwood lumber anti-dumping and countervailing duty cases may be filed by U.S. producers but cannot be initiated… Continue Reading