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
Cyber Bill No Real Help to Supply Chain Security
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
The More Things Change – The More They Stay The Same
Originally 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
Trans-Pacific Partnership: Bane or Boon?
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
Trans-Pacific Partnership Negotiations Concluded – Now What?
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 As we go to press, the presumptive new Speaker has withdrawn, the caucus is coming
U.S. Customs and Border Protection Has ACE Up Its Sleeve
A 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
ACE Deadline Reminder for Imports and Exports
On 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
New Cybersecurity Law – Are You Prepared?
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
DOJ Sets Its Sights on Directors and Officers
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
Importation of Vehicles into Canada
I 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