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

Monthly Archives: June 2016

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 a result, we must turn to the case law. An important case is Emco Electric International – Electrical Resource International… Continue Reading

What Are The Core Principles Of The Canada-US-Mexico Relationship?

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

As Prime Minister Justin Trudeau, President Obama, and President Enrique Peña Nieto meet in Ottawa today and as we contemplate Brexit, the principles that bind Canada, the United States and Mexico together become increasingly important.  Recently, at the United States-Canada S.A.G.E. Summit at Ohio University, Dr. Christopher Sands and Dr. Katie Friedman discussed the principles… Continue Reading

Did You Know That Certain Exporters Must Report Exports From Canada?

Posted in Border Security, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

It is true.  There are legal requirements to export certain exports from Canada.  On September 1, 2015, the Canada Border Services Agency (“CBSA”) reissued updated D-Memorandum D-20-1-1 “Exporter Reporting” to remind exporters of the rules. Any exporter, including a non-resident exporter may be required to report the goods being exported.  The exporter is the person… Continue Reading

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

Posted in Export Controls & Economic Sanctions, Exports

Most SMEs (and many larger companies also) have little familiarity with Canada’s export controls and economics laws.  Many business persons ship first and ask questions later as they do not realize that Canada does not allow anything to go to anywhere.  I have prepared an alphabetical guide to some of the relevant Canadian export controls… Continue Reading

Does The Brexit Decision Affect Canada’s Export Control and Economic Sanctions Laws?

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

On June 23, 2016, Britain voted to leave the European Union.  Does the Brexit decision affect Canada’s export controls and economic sanctions regimes? The short answer is, “No, not specifically”.  It is not likely that Brexit will have a direct impact on Canada’s export controls and economic sanctions regimes.  This is because Canada’s economic sanctions… Continue Reading

Do Any Canadian Laws Need To Be Changed As A Result Of The Brexit Decision?

Posted in Canada's Federal Government

On June 23, 2016, Britain voted to leave the European Union.  On June 24, 2016, the World woke up to change on the horizon.  Sometime in the next two years, countries with legislation or regulations specifically naming the “European Union” will need to amend the legislation to refer to Britain separately from the European Union. … Continue Reading

Canada Quietly Repeals Schedule Of Politically Exposed Persons From Egypt

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

On March 10, 2016, Canada quietly amended the Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations and repealed provisions concerning Egypt.  Schedule 2 designating “politically exposed persons” in Egypt has been repealed. This means that the provisions of the Freezing of Assets of Corrupt Foreign Officials Act no longer apply… Continue Reading

Canada Introduces More Preclearance Legislation For People and Goods

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

On June 17, 2016, the Minister of Public Safety and Emergency Preparedness introduced Bill C-23 “an Act respecting the preclearance of persons and goods in Canada and the United States” (to be known as the “Preclearance Act 2016″) in the House of Commons.  This proposed legislation does not impose obligations in the United States and… Continue Reading

Canada To Add Export Smuggling Offence into Customs Act

Posted in Border Security, Canada's Federal Government, Controlled Goods Program, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments

On June 15, 2016, the Government of Canada introduced Bill C-21 “An Act to amend the Customs Act” in the House of Commons. The amendments to the Customs Act focus on exports of people and goods.  Many of the amendments deal with the gathering of information about the export of goods and people.  However, one… Continue Reading

What Businesses Should Know About Bill C-21 Amendments to Customs Act (Canada)

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Harmonization, Immigration law, Legal Developments, U.S. Federal Government

On June 15, 2016, Canada’s Minister of Public Safety and Emergency Preparedness introduced Bill C-21 “an Act to amend the Customs Act” in the Canadian House of Commons. It is a relatively short bill containing important and far-reaching amendments to the Customs Act.  Many people think that the Customs Act only affects them if they… Continue Reading

How Much Dairy Does General Import Permit #1 Allow?

Posted in Agriculture, Canada's Federal Government, Customs Law, Imports Restrictions, NEXUS

Many Canadians cross border shop but do not realize that not all groceries can be imported into Canada.  Most dairy products are subject to import restrictions.  Many businesses who import dairy products (and eggs and poultry) know about the import restrictions.  The average Canadian does not. Some individuals who cross border shop buy too much… Continue Reading

Senate of Canada Releases “Tear Down These Walls: Dismantling Canada’s Internal Trade Barriers” Report

Posted in Canada's Federal Government, Harmonization, Legal Developments

Further to my May 11, 2016 testimony and the testimony of others (view post here), today the Senate of Canada, Standing Committee on Banking, Trade and Commerce released an extensive report on Canada’s internal (inter-provincial) barriers to trade called “Tear Down These Walls: Dismantling Canada’s Internal Trade Barriers“. In this report, Senator David Tkachuk, Chair of… Continue Reading

The Canadian AD Expiry Review (Sunset) Process for Pup Joints for China Begins

Posted in Antidumping, Trade Remedies

Since April 10, 2017, Canada has imposed definitive anti-dumping and countervailing duties on OCTG pup joints (referred to as “pup joints”) originating in or exported from China.  Pup joints are defined as “oil country tubular goods pup joints, made of carbon or alloy steel, welded or seamless, heat-treated or not heat-treated, regardless of end finish,… Continue Reading

What Exports From Canada Are Permitted Under General Export Permit No. 1?

Posted in Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

I am often asked by friends and family whether they can export clothing and money to Ukraine (because “Cherniak” is the Ukrainian part of my name).  I refer my friends and family to General Export Permit No. 1 (also known as the “Export of Goods for Special and Personal Use Permit”). A General Export Permit… Continue Reading

The CBSA Is Seizing Jewelry Imports Into Canada From The UAE

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

The Canada Border Services Agency (CBSA) has seized a number of shipments of gold jewelry imported into Canada from the United Arab Emirates (UAE).  In many cases, the CBSA has taken the position that the jewelry was undervalued.  In most cases, the importer declared the price paid or payable on the invoice for labour.  The… Continue Reading

Canada Initiates Dumping Case Against Gypsum Board From The United States

Posted in Antidumping, Canada's Federal Government

On June 8, 2016, the Canada Border Services Agency (CBSA) initiated an anti-dumping case against gypsum board originating in or exported from the United States of America into Canada for use in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon Territories or the Northwest Territories. The case was filed by CertainTeed Gypsum Canada Inc. of Mississauga…. Continue Reading

Directors’ And Officers’ Liability For Failure To Obtain An Import Permit

Posted in Uncategorized

The Government of Canada (in particular, Global Affairs Canada, the Canada Border Services Agency, and the Canadian Food Inspection Agency) may pursue directors and officers of a corporation who fail to obtain the required import permits, licenses and certifications. Corporations cannot act on their own.  Individuals make decisions that cause the corporation to take actions…. Continue Reading

What Is A Preliminary Injury Inquiry In The Canadian Anti-Dumping/Countervailing Duty Trade Remedies Process?

Posted in Antidumping

What is a preliminary injury inquiry? When the Canada Border Services Agency (“CBSA”) initiates an anti-dumping and/or countervailing duty complaint filed by the domestic industry, the Canadian International Trade Tribunal (“CITT”) is mandated to conduct a preliminary injury inquiry. The CITT considers whether the complaint discloses a reasonable indication of injury. The burden of proof… Continue Reading

IREP Disputes Must Be Handled With Care

Posted in Agriculture

From time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs… Continue Reading

The CBSA Seizes $USD 129,000 at the Canada-US Border Crossing at Cornwall

Posted in Border Security, Canada's Federal Government, Criminal Law, Proceeds of Crime/Money Laundering

On June 6, 2016, Cornwall Newswatch reported that on May 21, 2016 the Canada Border Services Agency (“CBSA”) seized $USD 129,000 at the Cornwall border crossing.  The money had not been reported by two travelers and was seized under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Proceeds of Crime Act“).  Two… Continue Reading