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

Category Archives: Government Procurement

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Do You Know What Day It Is? It Is International Anti-Corruption Day

Posted in Cross-border trade, FCPA/Anti-Corruption, Government Procurement, Uncategorized

December 9th is International Anti-Corruption Day. International Anti-Corruption Day has been observed annually, on 9 December, since the passage of the United Nations Convention Against Corruption on 31 October 2003. International Anti-Corruption Day urges countries to do their part by exposing and cracking down on corruption and engendering a culture of values of ethical behaviour…. 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

Ukraine Is Joining WTO Agreement on Government Procurement

Posted in Government Procurement, World Trade Organization

On November 11, 2015, the World Trade Organization (WTO) announced that Ukraine is going to accede to the Agreement on Government Procurement.  On November 11, 2015, Ukraine’s terms of accession to the WTO Agreement on Government Procurement were approved.  Ukraine will formally accede to the GPA 30 days after it has deposited its instrument of… Continue Reading

Canada Has A New Government – What USA Lawyers Should Know

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Border Security, Canada's Federal Government, Environment, Export Controls & Economic Sanctions, Government Procurement, Transportation, U.S. Federal Government

On November 4, 2015, the Trudeau Government was sworn into power at Rideau Hall (that is where Canada’s Governor General lives) in Ottawa.  Prime Minister Justin Trudeau appointed his Cabinet (orders-in-council and regulations are promulgated by this group of law-makers).USA lawyers should know the following about the new Ministers (many are similar to US Secretaries,… 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

Canada’s Procurement Review Procedure Accessible to Small-to-Medium Sized Businesses

Posted in Canada's Federal Government, Cross-border litigation, Government Procurement, Tribunals, Uncategorized

Canada has a federal government procurement bid challenge mechanism that has been made somewhat user-friendly to small-to-medium sized businesses.  Chapter 10 of the North American Free Trade Agreement and equivalent chapters in other free trade agreements and the WTO Agreement on Government Procurement require that Canada establish a bid challenge mechanism.  Canada has done so…. 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

The Times Are Changing, But Very Slowly

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Government Procurement, Trade Agreeements, Trade Remedies

First, we learned relations with Cuba were thawing, and now – on July 14th – there is the nuclear deal with Iran. Many American companies are clambering to make commercial deals with businesses in both countries – but not so fast! In fact, little has changed in terms of U.S. relations with either country, at… Continue Reading

Yates Decided – Saner Heads Prevailed!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Constitutional Law, Corporate Counsel, Criminal Law, FCPA/Anti-Corruption, Government Procurement, Legal Developments, U.S. Supreme Court

Originally published by the Journal of Commerce in March 2015 Back in November in a column discussing the ever-increasing criminalization of civil violations, we mentioned the case of fisherman John Yates. Mr. Yates was the captain of a commercial fishing boat in the waters off Florida where he was catching red grouper. The state fishing… Continue Reading

President Obama Issues Executive Order Promoting

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Government Procurement

On Friday, February 13, 2015, President Obama signed an executive order, Promoting Private Sector Cybersecurity Information Sharing (the “EO”), designed to encourage private companies to share information regarding threats to cybersecurity across private sector industries and with the federal government. The EO was signed almost exactly two years after Executive Order 13636, Improving Critical Infrastructure… Continue Reading

Proper Internal Controls: A Must

Posted in Aerospace & Defence, Agriculture, Constitutional Law, Corporate Counsel, Criminal Law, Cross-border trade, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments, NAFTA Chapter 11, Trade Agreeements, Trade Remedies, Transportation

Originally published in the October 2014 Journal of Commerce on-line When have you done enough? Based on a recent exchange in a LinkedIn discussion group, there is real disagreement. Despite that lack of concurrence, two court cases decided in the last few months again drive home the point that proper internal controls are a must…. Continue Reading

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

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

Cybersecurity

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Government Procurement, Legal Developments

President Obama issued Executive Order 13636 on February 12, 2014 setting out potentially far reaching cybersecurity standards. To learn what these new standards could mean for your company, the impact it will have on how companies are measured in the face of a hacking event and just what you are in for in the future, see http://www.msk.com/news/pub.cfm?id=2159&type=Alert.

Controlled Goods Program To Undergo Changes in 2014 – Consultations Underway

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

in November 2013, Canada’s Public Works and Government Services Canada (PWGSC) announced consultations concerning the implementation user fees in connection with the Controlled Goods Program (CGP). The Controlled Goods Program is administered by the Controlled Goods Directorate of PWGSC (CGD). The CGD is responsible for administering Canada’s domestic industrial security program relating to the possession and/or… Continue Reading

Canada to Update Export Controls List to Remove Unnecessary Restrictions

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Government Procurement

On October 23, 2013, Lee Berthiaume reported in the Ottawa citizens that the Canadian “Government to remove export controls on hundreds of goods“. According to Mr. Berthiaume, the government of Canada is reviewing the Export Control List with the goal to removing hundreds Canadian-made military items.  The objective of this exercise is to assist Canadian… 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

Intellectual Property Rights Holders Score One

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

Implementing the Korea, Panama, and Colombia FTAs

Posted in Customs Law, Government Procurement, Trade Remedies, Uncategorized

One of the many important questions being asked at the start of 2012 is when should international traders expect to take advantage of the new free trade agreements (FTAs) with Korea, Panama, and Colombia? Once President Obama issues the authorizing Executive Orders, Customs and Border Protection (CBP) will still need to publish proposed regulations. Based… Continue Reading

New Buy America Initiative Takes Aim At Canada’s GST/HST Regime

Posted in Buy America, Cross-border trade, Customs Law, Government Procurement, GST/HST

In an recent article in Bloomberg Businessweek printed online on September 18, 2011 entitled “Buy American and Fairer Trade Can Solve Job Woes: Alan Tonelson“, Canadians are put on notice that the U.S. is taking aim at value-added tax (“VAT”) regimes that do not charge VAT on exported goods. Canada’s goods and services tax (“GST”) and… Continue Reading