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

Category Archives: Corporate Counsel

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Buy American Executive Order

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies

On April 18th, President Trump issued an Executive Order (“EO” or “Order”) focused on the Buy American  laws and regulations. See Buy American EO.  This EO directs federal government entities to review their procurement rules so that, to the extent legally permitted, preference is given to American made goods.  Section 2 specifically states: “[i]t shall… Continue Reading

In the Eye of the Beholder

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, NAFTA, Trade Agreeements, Trade Remedies, World Trade Organization

First published by the Journal of Commerce – April 2017 The first tangible indications of what trade policy might actually look like under the Trump Administration have been released. After excoriating NAFTA as the “worst trade deal ever” and quickly withdrawing the U.S. from the TransPacific Partnership, which was already dead, we are now starting… Continue Reading

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… Continue Reading

Are You Ready for CETA?: 20 Questions That Canadian Importers Should Be Asking

Posted in Canada's Federal Government, Canada-EU CETA, Corporate Counsel, Cross-border trade, Customs Law, Imports Restrictions, origin, tariff classification, Trade Agreeements, valuation

The Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) is a free trade agreement between Canada and the 28 countries of the European Union.  The Canada-EU CETA is Canada’s largest free trade agreement since NAFTA.   There are opportunities for Canadian importers to save the customs duties on goods that they are currently importing… Continue Reading

DOJ Defines Compliance

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

In the span of the last 18 months, the topic of corporate compliance programs has gotten considerable attention from the Department of Justice  (“DOJ”) and now finally, DOJ has published significant details about how it is likely to measure the sufficiency of any company’s compliance program. First, some background.  In September 2015, the Yates memo… Continue Reading

Does Canada Have Label Requirements For Imported Goods?

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

Canada has a number of requirements mandating that certain goods have labels AND that certain information be communicated on labels and packaging.  Goods may not be imported into Canada if the required markings are not on the goods to be imported.  If goods are not marked properly, the improperly marked goods may be seized by… Continue Reading

Canada Commences Consultations Regarding A Canada-China Free Trade Agreement

Posted in Agriculture, Antidumping, Border Security, Canada's Federal Government, Canada-China FTA, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, Labour, origin, tariff classification, valuation

On March 4, 2017, Global Affairs Canada announced consultations concerning a possible free trade agreement between Canada and China.   Consultations means that Global Affairs Canada is consulting with Canadian interested stakeholders (the free trade agreement negotiations have not started yet – Canada is in a preliminary exploratory stage). Global Affairs Canada has posted information on… Continue Reading

It Is Best To Sever Ties With Representatives Who Commit Export Controls Infractions

Posted in Aerospace & Defence, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

On February 9, 2017, Stewart Bell wrote an article for the Financial Post entitled “Canadian company investigating branch in Iraq after logo spotted in photos of missile test“. It is never good to see your company name in the news – let alone being associated with a missile test in a country subject to United… Continue Reading

The Canada Border Services Is Getting Authority To Open All Cross-Border Mail

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Currency Reporting, Customs Law, Legal Developments, Proceeds of Crime/Money Laundering, Tax

The Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client.  A few years ago I… Continue Reading

Trump and Trade

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Elections, Government Procurement, Harmonization, Imports Restrictions, Legal Developments, Trade Agreeements

Originally published by the Journal of Commerce in February 2017 In the first two weeks of the new Trump Administration, all international traders want to talk about, and with good reason, is where does the new President really stand on trade? On the one hand, he has taken advantage of trading opportunities to generate profits… Continue Reading

What Canadian Lawyers Should Know About Solicitor-Client Privilege At The Canada-US Border

Posted in Border Security, Corporate Counsel, Customs Law, U.S. Federal Government

There are reports that President Trump is considering an Executive Order to require the Department of Homeland Security, and in particular U.S. Customs and Border Protection (USCBP), to ask foreign visitors to provide information about their social media profiles and access to their computer contact lists.  This would include Canadian lawyers. The access to contact… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

Russian Election Hacking – The Cyber Story

Posted in Border Security, Corporate Counsel, Criminal Law, Cybersecurity and Privacy, Elections, Politics, U.S. Federal Government

Originally published by the Journal of Commerce in January 2017 The Senate Armed Services Committee hearing on January 5, 2017 was an opportunity to learn what the intelligence community determined regarding cyber-attacks related to the 2016 Presidential election.  For those of us having to deal with the potential consequences to our businesses, it was the… Continue Reading

A Country Divided!

Posted in Border Security, Corporate Counsel, Cross-border trade, Customs Law, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce, December 2016. Even prior to the election, it was clear the U.S. is a country divided. We are now several weeks removed from the election and the shame of the situation is not one so-called political leader has made any statements which give hope of uniting the country…. Continue Reading

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