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

Category Archives: Border Security

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CBP Message, Primarily About Exports

By Susan Kohn Ross on Posted in Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Transportation

At the AAEI Annual Conference going on in D.C. right now, CBP has made several statements about its direction which are hopeful, if not somewhat eye-opening. First, trade in the last fiscal year increased yet again. Exports totaled $1.3 trillion and imports $2.3 trillion. It was also refreshing to hear CBP acknowledge that an efficient… Continue Reading

The Canada Border Services Agency Expects Canadians To Report Imports/Exports of Cheques Over $10,000

By Cyndee Todgham Cherniak on Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, FCPA/Anti-Corruption

The Canada Border Services Agency (CBSA) expects Canadians returning to Canada to report cash, travelers cheques, personal cheques, money orders, bank drafts, promissory notes, stocks, bonds, debentures, treasury bills,  and other monetary instruments that combined exceed $10,000. Example 1: If a lawyer receives payment from a client in the United States (the bill was over… Continue Reading

Sailing Too Close To The Legal Winds: Carrying Large Amounts of Cash Across the Border

By Cyndee Todgham Cherniak on Posted in Border Security, Cross-border trade, Customs Law, FCPA/Anti-Corruption

In the recent decision of Docherty v. Minister of Public Safety and Emergency Preparedness, (2012 FC 723) Federal Court of Appeal judge Phelan wrote as the first line of the decision: “This is a case of a traveller sailing too close to the legal winds. But for greed, this Applicant would not be in Court.”… Continue Reading

Canadian Legal Provisions Applicable to Laptop and PDA Examinations at the Border

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law

The Canada Border Services Agency (CBSA) takes the position that the Customs Act (Canada) grants them wide search and examination powers.  Section 98 of the Customs Act deals with search powers of the person. Section 99 of the Customs Act deals with examination powers respecting goods.  The CBSA draws a distinction between “search” powers in… Continue Reading

Top Fifteen Questions To Ask Prior To Importing Goods Into Canada

By Cyndee Todgham Cherniak on Posted in Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, GST/HST, Sales Taxes

We thought it would be helpful to provide our top fifteen questions to ask and answer prior to importing goods into Canada. We started with a top ten list and then decided to give a 50% bonus. 1. What is the tariff classification of the goods to be imported (the answer can be simple or… Continue Reading

Canadian Resident NEXUS Travelers Should Bring Traveller Declaration Card to Report Purchases to CBSA

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law, NEXUS

Many NEXUS card holders in the Trusted Traveler Program are not aware that there are electronic forms available on-line that they can complete prior to returning to Canada with their purchases.  The declaration process is simplified by the NEXUS Traveller Declaration Card (TDC).  Canadian residents who are members of the trusted traveler programs may complete… Continue Reading

NEXUS Travelers Must Carefully Maintain Receipts Over Thanksgiving

By Cyndee Todgham Cherniak on Posted in Border Security, Cross-border trade, Customs Law, Tax

Black Friday and Thanksgiving week-end often ends in tears and frustration as Canadian travelers run into difficulties at Canada-US border crossings and at airports. Canadians join in the U.S. tradition of bargain shopping on Black Friday and over Thanksgiving week-end.  Problems arise when Canadians do not have all of their receipts in order from their shopping trip. … Continue Reading

Time to Go Cross Border Shopping – Canada Increases Traveller Exemption Limits

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law

On March 29, 2012, Canada’s Minister of Finance tabled the 2012 Budget and 2012 Economic Action Plan and announced increases in the traveller exemption limits for returning Canadians and residents of Canada.  The following statement is on page 108 of the 2012 Economic Action Plan: Increasing Travellers’ Exemptions Economic Action Plan 2012 proposes to increase… Continue Reading

Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations

By Cyndee Todgham Cherniak on Posted in Border Security, Customs Law, Uncategorized

Many Canadians who live in border cities (such as Windsor, Niagara Falls) are more likely to have a NEXUS pass.  Many Canadians who live in border cities work in the United States and travel back and forth across the border on a daily basis.  Given that individuals are human and humans make mistakes, the Canadians… Continue Reading

Intellectual Property Rights Holders Score One

By Susan Kohn Ross on Posted in Aerospace & Defence, Border Security, Customs Law, Government Procurement, Intellectual Property, Uncategorized

Trademark holders have long had to clear a frustrating series of legal hurdles in order to get their hands on infringing product detained and/or seized by CBP. Section 818(g) of the National Defense Authorization Act of 2012 now authorizes CBP to share unredacted samples of imported products, packaging, and labels that are suspected of being… Continue Reading

Proposed Consolidation of Commerce Department and Other Agencies

By Susan Kohn Ross on Posted in Aerospace & Defence, Border Security, Customs Law, Export Controls & Economic Sanctions

On January 13, 2011, President Obama unveiled a proposal to create what was described as a new export agency. This activity comes on the heels of the U.S. and Foreign Commercial Service’s closure of offices in Caracas, Venezuela; Dakar, Senegal; Florence, Italy; Tijuana, Mexico; Vancouver, Canada; and Vladivostok, Russia that occurred at the end of 2011…. Continue Reading

Protecting Your Intellectual Property

By Susan Kohn Ross on Posted in Border Security, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Intellectual Property

At a recent program in Los Angeles, “IP Meets Pacific Rim, ” Perry Woo of Homeland Security Investigations (“HSI,” previously Immigration and Customs Enforcement) and Anne Maricich of Customs and Border Protection (“CBP”) described ways companies can protect their IP rights which are worth repeating. Mr. Woo, Assistant Special Agent in Charge in the Los… Continue Reading

Canada-US Perimeter Security Deal: Worth the Hype?

By Windsor Law, University of Windsor on Posted in Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Uncategorized

By: Chuck Andary,Windsor Law Student To be fair, I didn’t really know what to expect with this deal – especially with regards to how it would affect me, someone who crosses the border a couple of times per month. From the lead-up, however, one could reasonably have expected something grand, something that integrated border security… Continue Reading

Cross-Border Police Can Have Indirect Benefits

By Windsor Law, University of Windsor on Posted in Border Security, Cross-border deals

By: Chuck Andary, Windsor Law Student The upcoming unveiling of the border security plan between the United States and Canada will undoubtedly dominate news headlines and trigger much debate in the blogosphere. Concerns over privacy, sovereignty, economic impact, border wait times, and everything else relating to international relations will be raised. Ahead of this announcement,… Continue Reading

Study on Canada-US Price Differences Yields Many Benefits

By Windsor Law, University of Windsor on Posted in Border Security, Canada's Federal Government, Cross-border trade, NAFTA

By: Chuck Andary Canadians who live in border cities know all too well the savings that can be had by shopping on the American side of the border. With the American and Canadian dollars near parity, however, one would expect that price gaps would be narrower. Sure, we have to consider that there are, generally,… Continue Reading

Canadian Post 9-11 Legal Developments

By Cyndee Todgham Cherniak on Posted in Border Security

I wrote an article for Embassy – Canada’s Foreign Policy Newspaper about legal developments in Canada in response to the terrorist attacks in the United States on September 11, 2001.  I am proud to share with you “Canada’s Legal Response to 9-11“, which was published on September 8, 2011.