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

Category Archives: Cross-border deals

Subscribe to Cross-border deals RSS Feed

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

New Customs Bill Is Now Law

Posted in Aerospace & Defence, Agriculture, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, Legal Developments, Trade Remedies

Originally published in the Journal of Commerce in March 2016 On February 24, 2016, President Obama signed into law H.R. 644. Entitled the “Trade Facilitation and Trade Enforcement Act of 2015,” it contains a good many technical revisions to existing Customs and Border Protection (“CBP”) processes, procedures, laws and regulations. Much more is included, so… Continue Reading

Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, Legal Developments, Trade Remedies

This article was co-authored with Kevin M. Rosenbaum of MS&K. On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a number of provisions focused on intellectual property rights (IPR). Section III… Continue Reading

New Customs Bill Becomes Law

Posted in Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Government Procurement, Intellectual Property, Legal Developments, NAFTA, origin, tariff classification, Trade Agreeements, Trade Remedies, Transportation, valuation

On February 24, 2016, H.R. 644 was signed into law by the President. While yet another trade-related bill was signed without any public ceremony, this new law contains a number of timely provisions. The first section deals with trade facilitation side-by-side with trade enforcement. The CBP Commissioner is directed to coordinate with the Director of… Continue Reading

Cyber Bill No Real Help to Supply Chain Security

Posted in Border Security, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy

Originally published by the Journal of Commerce in January 2016 In the lead-up to President Obama signing into law on December 18, 2015 the Cybersecurity Act of 2015, Public Law. 114-113, there was hope that finally there would be a vehicle through which the federal government would be able to share broad ranges of supply… Continue Reading

Trans-Pacific Partnership: Bane or Boon?

Posted in Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Intellectual Property, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in November 2015 As every international trader worth his/her salt knows, the text of the Trans-Pacific Partnership was released on November 5th. Given word from the Executive Branch is the agreement is still being “scrubbed”, it is reasonable to conclude the text is not yet final, but is… Continue Reading

Trans-Pacific Partnership Negotiations Concluded – Now What?

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Intellectual Property, Legal Developments, origin, Trade Agreeements

Originally published by the Journal of Commerce in October 2015 With the news the Trans-Pacific Partnership (TPP) negotiations have been successfully concluded, the obvious question is what is next? The Republican leadership in the House of Representatives is in chaos. As we go to press, the presumptive new Speaker has withdrawn, the caucus is coming… Continue Reading

New Cybersecurity Law – Are You Prepared?

Posted in Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy, FCPA/Anti-Corruption

Originally published in January 2016 On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the framework for the means and methods by which the private sector may submit such information to the government and by which the… Continue Reading

DOJ Sets Its Sights on Directors and Officers

Posted in Constitutional Law, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Cybersecurity and Privacy, Government Procurement, Trade Agreeements

Originally published in September 2015. Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for Corporate Wrongdoing. In it, Main Justice made clear to all offices that any activity which… Continue Reading

EU Safe Harbor- Nothing Settled Yet

Posted in Corporate Counsel, Cross-border deals, Cybersecurity and Privacy, U.S. Federal Government, Uncategorized

While a new Safe Harbor agreement was hoped for by the January 31, 2016 deadline, negotiations still continue. It is expected the European Commission will receive an update, but keep your fingers crossed for an actual deal! In the meantime, American companies continue to rely on recommended provisions to satisfy their privacy protection requirements.

How To Prove Origin Of Goods To the CBSA

Posted in Cross-border deals, Cross-border trade, Customs Law, origin, Trade Agreeements

On January 21, 2015, “the Canada Border Services Agency (“CBSA”) posted on the CBSA web-site D-Memorandum D11-4-2 “Proof of Origin of Imported Goods” (stated to be published on January 13, 2016).  This policy statement informs importers about what documents the CBSA will accept as proof of origin of goods. Pursuant to section 35.1 of the… Continue Reading

How To Apply For An Advance Customs Ruling in Canada

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

Many importers in Canada want to minimize the risk of an assessment of customs duties for getting a tariff classification incorrect.  If an importer or exporter or foreign producer of goods cannot figure out how the Canada Border Services Agency (“CBSA”) would classify a good for customs duty tariff classification purposes, sometimes the best thing… Continue Reading

Importers Of Tires Into Canada Must Comply With Safety Rules

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

On January 11, 2016, the Canada Border Services Agency (“CBSA”) issued D-Memorandum D19-12-2 “Importation of Tires”, which sets out Canada’s border rules on the importation of tires.  Canada wants only safe tires imported for the purpose of sale in Canada.  Canada wants safe tires on the roads in Canada. D-Memo D-19-12-2 contains 2 Appendices.  Appendix… Continue Reading

Canada’s Federal Court Highlights Complexities of Canada’s Export Controls/Economic Sanctions

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

On December 18, 2015, the Federal Court of Canada issued its decision in Master Tech Inc. v. The Minister of Public Safety and Emergency Preparedness (2015 FC 1395). The Canada Border Services Agency (“CBSA”) detained four sets of machinery that Master Tech was exporting to Iran.  As is typical, after the detention, the CBSA contacted… Continue Reading

Canada’s Customs Voluntary Disclosure Policy Has Been Revised

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, origin, tariff classification, valuation

On November 25, 2015, the Canada Border Services Agency (“CBSA”) issued revised D-Memorandum D-11-6-4 “Relief of Interest and/or Penalties Including Voluntary Disclosure”.  This D-Memorandum is important because importers can make mistakes or fail to provide all information. Mistakes are often costly.  Normally, the amount of duties & taxes, plus interest plus penalties (including Administrative Monetary… Continue Reading

Canada is Concerned About Unreported Exported Goods AND Grants Limited 6 Month Amnesty

Posted in Controlled Goods Program, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Legal Developments

On November 16, 2015, the Canada Border Services Agency (“CBSA”) issued Customs Notice 15-035 “Voluntary Disclosure of Unreported Goods Transiting Through the United States to a Subsequent Country” is which it starts by stating “It has come to the CBSA’s attention that a large number of businesses have been exporting goods to Mexico and other… Continue Reading

Join Canada’s Partners in Protection Program

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

Canada has implemented a voluntary Trusted Trader/secure supply chain program similar to the U.S Customs-Trade Partnership Against Terrorism (“C-TPAT”). Canada’s program is called “Partners in Protection” or PIP. On November 12, 2015, the Canada Border Services Agency (“CBSA”) released D-Memorandum 23-1-1 “Partners in Protection Program”.  This is a new D-Memorandum and it is very important. … Continue Reading

The Canada-Ukraine Free Trade Agreement Should Be Ratified in 2016

Posted in Aerospace & Defence, Agriculture, Antidumping, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Environment, Export Controls & Economic Sanctions, Government Procurement, Intellectual Property, Labour, Legal Developments, Trade Agreeements

When I say that the Canada-Ukraine Free Trade Agreement “should be ratified in 2016”, it is an opinion that it would be beneficial for ratification to occur.  I do not have any inside knowledge about the new Trudeau Government’s plans. In fact, we have heard very little from PM Justin Trudeau or Canada’s new Trade… Continue Reading

Why Are Companies Not Taking Advantage of FTA Benefits?

Posted in Canada's Federal Government, Corporate Counsel, Cross-border deals, Customs Law, Export Controls & Economic Sanctions, Exports, Harmonization, NAFTA, U.S. Federal Government

According to a Thomson Reuters-KPMG International Survey/Report, 70% of multi-national companies surveyed are not fully utilizing the benefits under existing free trade agreements (FTAs).  A problem has been reported to be complex and disparate compliance requirements in home jurisdictions and other jurisdictions. As an international trade lawyer, I hear this often.  Many North American multi-national… Continue Reading

Canada is a Party to the Historic Trans-Pacific Partnership Agreement

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Intellectual Property, International Arbitrations, Legal Developments, Trade Agreeements

On October 5, 2015, the trade ministers of Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam and the United States signed the Trans-Pacific Partnership Agreement (TPP).  TPP is a historic trade agreement.  TPP is a comprehensive trade agreement. For Canada, TPP represents a trade agreement with new parties (Australia, Brunei, Japan,… Continue Reading

Tips re Cybersecurity

Posted in Border Security, Corporate Counsel, Cross-border deals, Government Procurement, Politics

Los Angeles City Attorney Mike Feuer recently provided tips to aid individuals to protect themselves from identity theft: Shred all documents containing personal, financial or medical information before you throw them out. Be cautious using debit cards. Don’t use at gas pumps or for shopping online. Don’t respond to e-mails, calls or texts seeking sensitive… Continue Reading