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

Category Archives: Cross-border deals

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Court of Appeals for Federal Circuit (CAFC) Issues Decision In U.S. v. Trek Leather – Corporate Officer Held Liable

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Border Security, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments, NAFTA, Trade Agreeements, Transportation

Yesterday, the CAFC issued its en banc decision in the U.S. v. Trek Leather case.  The Court held the President of the company liable for gross negligence due to his own actions, even if he is an agent of the company. By way of background, the case originated as a penalty action by Customs and… Continue Reading

Corporate Officers Becoming Liable for Negligent Acts Is Reconsidered

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement

In July 2013, the decision of the Court of Appeals for the Federal Circuit (CAFC) was announced in United States v. Trek Leather, Inc. and Harish Shadadpuri, Case No. 2011-1527 (July 30, 2013). Harish Shadadpuri (Shadadpuri) was the President and sole shareholder of Trek Leather, Inc. (Trek). The question before the appellate court was whether,… Continue Reading

Cybersecurity

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Intellectual Property, NAFTA, Transportation

Originally published in the Journal of Commerce in May 2014. The word cybersecurity causes shudders in the hearts of anyone in the etailing business, and one need to look no further than Target, Michaels, eBay and Neiman Marcus for the latest examples of significant consumer data theft. Unfortunately, cybersecurity and the thought of data being… Continue Reading

Tips For Conducting An Internal Investigation

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Buy America, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Customs Law, Energy, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Intellectual Property, Labour, Legal Developments, NAFTA, Transportation

Perhaps your computer system was hacked. Maybe you opened a container to find goods in it that did not belong to you (thank goodness they were not dangerous) or perhaps no goods but evidence people lived in the container while it was en route to the U.S., or you found sizable payments made to questionable… Continue Reading

Conflict Minerals Update

Posted in Aerospace & Defence, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, Trade Agreeements

With the first disclosures due on May 31, 2014, the Securities and Exchange Commission (SEC) has still not given industry a sense of when any guidance will be published. As such, publicly traded companies are still left to figure out how best to comply.  The immediate impact, of course, is on those companies required to… Continue Reading

What Should You Do When You Hear A Rumour About An Antidumping Case

Posted in Cross-border deals, Cross-border trade, Customs Law, Trade Remedies

Sometimes the rumour mill churns news about a potential anti-dumping and/or countervailing duty case before it is officially initiated by the Canada Border Services Agency (CBSA). Importers and exporters ask how they can mitigate risk. Importers and exporters have an opportunity to get organized and prepare their documentation in advance – the extra time may… Continue Reading

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

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

End Use Certificates For Imports Into Canada: Have Them Ready To Present

Posted in Cross-border deals, Cross-border trade, Customs Law

Many importers/exporters are familiar with End Use Certificate requirements for export transactions, which are provided to give information for export controls / economic sanctions purposes.  It is important to realize that a different form of End Use Certificate may be required for import purposes when an importer has classified goods pursuant to special duty relieving… Continue Reading

If You Have Commercial Goods, Do Not Use the NEXUS Line/Lane at Customs

Posted in Cross-border deals, Cross-border trade, Customs Law, NEXUS

Lately, a number of clients have called with incident reports involving either the Canada Border Services Agency (CBSA) or U.S. Customs and Border Protection (USCBP) confiscating NEXUS passes from business travelers because the traveler had commercial goods in the NEXUS line/lane. In all cases, the business traveler properly declared the value of the goods and/or… Continue Reading

Canadian Lawyers May Need The BC PST “Application For Clearance” Re Transactions Closing After April 1, 2013

Posted in Cross-border deals, Provincial Governments, Sales Taxes

When a business sells its assets by way for a sale in bulk (or the Bulk Sales Act applies), it does not do so in the normal course of its business.  Usually, one of the preconditions to closing a transaction (one of the vendor closing documents in an asset purchase) is a certification from the… Continue Reading

Canada Border Services Agency Has Difficulties With Cross-Border Private Sales

Posted in Cross-border deals, Cross-border trade, Customs Law

When a Canadian resident purchases goods outside Canada, they must declare the goods when returning to Canada.  When the individual is over the exemption limit ($800 for stays outside Canada exceeding 48 hours, $50 for same day), they must pay applicable customs duties, GST/HST, excise taxes and other imposts and charges. Many individuals purchase big… Continue Reading

Protecting Your Intellectual Property

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?

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

California State Legislature Enacts Supply Chain Security Law

Posted in Aerospace & Defence, Agriculture, Cross-border deals, Immigration law, State Governments, Transportation, Uncategorized

Are you covered by S657 – the new California law requiring retailers and manufacturers to inform the public about their efforts to combat slavery and human trafficking? Whether or not you think the California Legislature has improperly stuck its nose into international affairs, the fact remains the law takes effect on January 1, 2012. Human… Continue Reading

Cross-Border Police Can Have Indirect Benefits

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