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

Category Archives: Corporate Counsel

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NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

Fruit and Vegetable/All Importers Beware

Posted in Agriculture, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, valuation

In July 2016, the Houston Regulatory Audit office sent a letter to a number of large importers cautioning them to be sure their value declarations were correct, underscoring CBP’s position by pointing recipients to a long list of CBP informed compliance publications, and touting the advantages of correcting any errors by way of a prior… Continue Reading

It Remains All About Compliance Programs!

Posted in Agriculture, Corporate Counsel, Cross-border trade, Customs Law

Originally published by the Journal of Commerce – November 2016 In early October, Customs and Border Protection (CBP) sent a letter to all the fruit and vegetable importers asking them to identify the basis on which they are declaring the value of their imported produce. The precursor was a realization by CBP that not all… Continue Reading

CBP C-TPAT Top Ten Tips for Points of Contact

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Legal Developments

Thanks to one of the CBP Supply Chain Security Specialists for sharing this top ten list for portal points of contract – make sure:  All Point of Contacts in web portal are current.  All your C-TPAT partners SVI numbers are listed in the web portal field.  You have a list of all your non-C-TPAT global… Continue Reading

It’s All About Compliance – Part 2 – Import Classification

Posted in Aerospace & Defence, Corporate Counsel, Customs Law, tariff classification

This Alert is one in an occasional series of articles providing tips about various topics which come up routinely with import and export transactions.  These articles/tips are published with the intention to provide suggestions to aid international traders in their on-going efforts to get their declarations right the first time, and are based on situations… Continue Reading

It’s All About Compliance – Part 1 – Value

Posted in Corporate Counsel, Cross-border trade, Customs Law, Legal Developments, Trade Agreeements, valuation

This Alert is one in an occasional series of articles providing tips about various topics which arise routinely with import and export transactions.  These tips are published with the intention to aid international traders in their on-going efforts to get their declarations right the first time, and are based on situations we commonly see occurring…. Continue Reading

Why Should You Know About Canada’s Export Controls and Economic Sanctions Laws?

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports

I am often asked why export controls and economic sanctions are important.  The simple answer is that if you export a controlled good or export goods to a sanctioned country, your company could become front page news.  If that should happen because your company manufactured and sold goods that are used to kill a Canadian… Continue Reading

Hanjin Claim Deadline Approaching

Posted in Corporate Counsel, Cross-border deals, Transportation

Hanjin has published on its website information about how to file claims in the Korean bankruptcy case (called a rehabilitation proceeding ).  Details can be found on the Hanjin website at http://hanjin.com/hanjin/CUP_HOM_1001.do. See also the attached file – 8254715. The deadline to file claims is October 25, 2016, so do not delay. Referrals to Korean counsel can be… Continue Reading

Make Your Hanjin Bankruptcy Claims Now!

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Legal Developments, Transportation

There is a lot of press coverage about the Hanjin bankruptcy, but very little of it provides tangible facts for traders to rely on.  One thing we know for sure is Hanjin filed a Chapter 15 bankruptcy in the U.S. What that means is the U.S. bankruptcy court will defer to the Korean bankruptcy court… Continue Reading

What Is A “Customs Controlled Area”?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Exports, Immigration law, Imports Restrictions, NEXUS, origin, Personal Comments, Proceeds of Crime/Money Laundering, tariff classification, valuation

On April 27, 2016, the Canada Border Services Agency (“CBSA”) released Guide BS5156 “What you need to know about Customs Controlled Areas”. In this one page document, the CBSA informs the public that a “customs controlled area” is: “A designated area where there is a likelihood that domestic employees or domestic origin travellers leaving Canada will come… Continue Reading

Hanjin Shipping Sinks – Part 2

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Transportation

On Friday, news broke that Hanjin had filed a Chapter 15 bankruptcy in New Jersey. A court hearing is possible as soon as Tuesday, but don’t expect the results to help shippers to a large extent. What is most likely is the bankruptcy court will enter an order that allows Hanjin to arrange the freeing… Continue Reading

Hanjin Shipping Sinks in Korea

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Exports, Transportation

With the bankruptcy filing of Hanjin Shipping having just occurred on the 31st, many of their shipping customers are only now beginning to feel the disruption to their supply chains and are trying to sort out how to get their goods moving. It would be reasonable to expect similar bankruptcy filings in some major countries… Continue Reading

ACE Allows For Stricter Customs Enforcement

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments, Trade Agreeements, Trade Remedies

Originally Published by the Journal of Commerce in August 2016 In the face of its recent reorganization and enhanced computer system, it was really only a matter of time before the trade community started to see Customs and Border Protection (“CBP”) better organize its enforcement efforts, and now the first tangible step has been publicly… Continue Reading

What Canadian Corporate Counsel Should Know About The NEXUS Program

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

Many Canadian corporate counsel are members in the NEXUS Program and rely on their NEXUS Membership Card to by-pass long airport security lines (on international and domestic flights) and to use shorter lines at customs clearance.  The NEXUS Membership Card is a valuable asset because it saves time. This article canvasses some of the issues… Continue Reading

Privacy Shield Takes More Hits

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Constitutional Law, Corporate Counsel, Cross-border deals, Cross-border litigation, Energy, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Intellectual Property, Labour, Legal Developments, Tribunals

Just in the last week, both the European Parliament and the European Data Protection Supervisor (“EDPS”) published findings holding the currently proposed EU-US Privacy Shield to be seriously deficient, and calling for further negotiations to deal with those “holes”. On May 26, 2016, the European Parliament passed a resolution, see EU Parliament Resolution, basically saying… Continue Reading

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

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

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

Shielded but Not Covered – Privacy Demands Better Protection

Posted in Corporate Counsel, Criminal Law, Cross-border litigation, Cross-border trade, Cybersecurity and Privacy, Legal Developments

On April 13, 2016, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. The Working Party’s statement can be found at http://ec.europa.eu/justice/data-protection/article-29/press-material/press-release/art29_press_material/2016/press_release_shield_en.pdf. While acknowledging the Privacy Shield contains “significant improvements” over the previous Safe Harbor,… Continue Reading

TFTEA – Export Focus

Posted in Aerospace & Defence, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments

In earlier editions of this blog, we first summarized the new law and then addressed the intellectual property rights changes it contained. Now, we turn to the export focused provisions in the Trade Facilitation and Trade Enforcement Act (“TFTEA”). Mainly those export provisions have to do with information collection for targeting.  However, new initiatives for… Continue Reading

TFTEA – CBP Organizational Structure

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Legal Developments

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”). Section 802(a) contains the key provisions. That section amends Section 411 of the Homeland Security Act and the U.S. Code to reflect the… Continue Reading

The Art of Self Defense

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Cybersecurity and Privacy, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Imports Restrictions, Intellectual Property, International Arbitrations, Legal Developments, NAFTA, origin, tariff classification, Tax, Trade Agreeements, Trade Remedies, Transportation, valuation, World Trade Organization

Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory policies, employment guidelines, ethics/anti-corruption initiatives and so on. The intent of any compliance program is to ensure that employees know what is expected… Continue Reading