I often receive calls from individuals who have had their NEXUS membership cards cancelled or confiscated by the Canada Border Services Agency (“CBSA”). Many of these individuals believe that the CBSA was sympathetic to their situation and was trying to help when the CBSA officer suggested that they write a letter explaining their side of… Continue Reading
Monthly Archives: February 2016
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 PrivacyOriginally 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
The More Things Change – The More They Stay The Same
Posted in UncategorizedOriginally published by the Journal of Commerce in January 2016 In writing this article, it was interesting to look back and see whether the old crystal ball was accurate in its predictions in earlier years. Truthfully, the expectation was the old themes were similar over time, and that turned out to be the case. Those… 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 RemediesOriginally 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 AgreeementsOriginally 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
U.S. Customs and Border Protection Has ACE Up Its Sleeve
Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border trade, Customs Law, Exports, Government ProcurementA version of this article was also published by the Journal of Commerce in February 2016. What a difference a few days make! Up until Monday, February 8th, it was understood that on February 28th, CBP entries, and those filed with the Food and Drug Administration (FDA), the National Highway Traffic Safety Administration (NHTSA) and… Continue Reading
ACE Deadline Reminder for Imports and Exports
Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, ExportsOn February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only replaces the current Customs and Border Protection (CBP) system, but is designed to reengineer CBP’s operational processes; develop… 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-CorruptionOriginally 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 AgreeementsOriginally 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
Importation of Vehicles into Canada
Posted in UncategorizedI am often contacted by individuals who want to import a vehicle they own into Canada. Sometimes, I am called by a non-resident. Other times, I am called by a Canadian resident who is buying a car on Craigslist. On January 21, 2016, the Canada Border Services Agency (“CBSA”) posted on their web-site D-Memorandum D19-12-1… Continue Reading
EU-US Privacy Shield
Posted in Corporate Counsel, Cross-border deals, Cybersecurity and PrivacyWell, the new deal has been struck between the EU and the U.S. What was called the EU-US Safe Harbor is being replaced by the newly created EU-US Privacy Shield. Now, all we need is to have the actual text released! So far, the only official information comes from the EU press office and Commerce Secretary… Continue Reading
What Does Canada’s Auditor General Say About Canada’s Export Controls?
Posted in Canada's Federal Government, Export Controls & Economic SanctionsOn February 2, 2016, Canada’s Auditor General released “Report 2 – Controlling Exports at the Border“, which looks at whether the Canada Border Services Agency (“CBSA”) had the necessary in formation, practices and controls at the border to implement its export enforcement priorities. What is interesting about this report is that it talks about Canada’s… Continue Reading
What is an Ascertained Forefeiture by the Canada Border Services Agency?
Posted in Customs LawAn ascertained forefeiture is a monetary penalty levied by the Canada Border Services Agency (“CBSA”) when a CBSA officer believes on reasonable grounds that a person has imported goods into Canada illegally (or without reporting the goods). An ascertained forfeiture occurs when the goods cannot actually be seized (because the good cannot be located or… Continue Reading
EU Safe Harbor- Nothing Settled Yet
Posted in Corporate Counsel, Cross-border deals, Cybersecurity and Privacy, U.S. Federal Government, UncategorizedWhile 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.
Who Is The Exporter For Special Import Measures Act (SIMA) Purposes?
Posted in Antidumping, Trade RemediesIt is an important question “Who is the exporter for SIMA purposes?” because exporters must complete exporter requests for information in SIMA anti-dumping/countervailing duty proceedings. The term “exporter” is not defined in the SIMA. As result, we must turn to the case law. An important case is Emco Electric International – Electrical Resource International v…. Continue Reading
About Cyndee
Cyndee Todgham Cherniak is the founding lawyer of LexSage, a boutique international trade law and sales tax firm in Toronto, Ontario. She has practiced for almost 20 years at Canada’s top Bay Street law firms.
About Su
Su’s practice focuses on compliance whether dealing with cybersecurity/privacy or import/export. She deals with regulatory, civil and criminal issues. Her clients come to her for assistance to solve current challenges but also to identify and manage risk.
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