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

Monthly Archives: January 2017

Canada-Ukraine Free Trade Agreement To Be Discussed By Standing Committee on International Trade

Posted in Canada-Ukraine FTA, Trade Agreeements

On January 31, 2017, Bill C-31 “An Act to implement the Free Trade Agreement between Canada and Ukraine” will be discussed by the Standing Committee on International Trade.  Bill C-31 was introduced in the House of Commons on November 3, 2016 and received First Reading.  On December 13, 2016, Bill C-31 received Second Reading and was… Continue Reading

Canada-EU CETA Moving Closer To Ratification in Canada

Posted in Canada-EU CETA, Trade Agreeements

On January 30, 2017, the Standing Committee on International Trade in Canada approved Bill C-30 “An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures”, which is Canada implementing legislation for the Canada-EU CETA. The next step in… Continue Reading

Canada’s Two Magnitsky Bills – Will One Get Passed Into Law?

Posted in Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

At the present time, Canada has two bills (one in the Senate and one Private Member’s bill) that are Magnitsky laws. Senate Bill S-226 “An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the… Continue Reading

Ten Compliance Problems Canadian Companies Face In Complying With Canada’s Economic Sanctions Laws

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

Canadian companies are required to comply with Canada’s economic sanctions laws – and it is not an easy task. Currently, Canada imposes multi-lateral economic sanctions pursuant to the United Nations Act against 16 countries (Central African Republic, Democratic Republic of Congo, Eritrea, Ivory Coast, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Sierra Leone, Somalia, South… Continue Reading

Where Can Canadians Find President Trump’s Executive Orders And U.S. Legislation?

Posted in U.S. Federal Government, U.S. Supreme Court, Uncategorized

Canadians want read President Trump’s Executive Orders and Executive Memoranda in order to know the contents. We cannot know how the Executive Orders may affect Canadians without reading what has been written. Canadians also want to know the contents of President Trump’s Proclamations and Statements of Administration Policy.  All of these documents are available at…. Continue Reading

Canada Commences “Food Safety for Canadians Regulations” Consultation Process

Posted in Agriculture, Cross-border trade, Imports Restrictions, Legal Developments

On January 21 2017, the Canadian Food Inspection Agency commenced a consultation regarding proposed “Food Safety for Canadians Regulations”.  The proposed Regulations is lengthy and affects imports and importers of food products.  This is not meant to suggest that imports are unfairly targeted – this is not the case.  Inter-provincial trade in food products and exports… Continue Reading

President Trump’s Entry Ban May Include Dual National Canadians

Posted in Immigration law, Uncategorized

On January 27, 2017, President Trump signed an Executive Order suspending entry into the United States of persons from Iran, Iraq, Libya, Syria, Somalia, Sudan or Yemen, as immigrants and nonimmigrants,  90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for… Continue Reading

NEXUS Card Holders From 7 Entry Ban Countries Could Lose Status If Travel To USA

Posted in NEXUS

President Donald Trump signed an Executive Order on January 27, 2017 placing a 90 day ban on entry into the United States of individuals from 7 countries – Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen.  This could pose a problem for individuals in Canada who have previously been approved for the NEXUS trusted traveler program…. Continue Reading

Canada’s Minister of Foreign Affairs Has Broad Export Controls Discretion Says Federal Court

Posted in Export Controls & Economic Sanctions, Legal Developments

On January 24, 2017, the Federal Court of Canada issued its judicial review decision in Daniel Turp v. The Minister of Foreign Affairs, T-462-16.  The Federal Court dismissed an application for judicial review of the decision of the Minister of Foreign Affairs to approve an export permit in respect of the export of General Dynamics… Continue Reading

Canada’s Economic Sanctions Against Iran Pose Difficulties For Some Canadian Companies

Posted in Cross-border trade, Export Controls & Economic Sanctions

Canada continues to impose unilateral economic sanctions against Iran.  Most Canadian companies believe that the economic sanctions do not impact their business activities.  However, when I ask “Do the goods you wish to export to Iran include aluminum, stainless steel or silver?”, I see shocked faces.  The reason why this question is important is that… Continue Reading

NAFTA Rules of Origin Renegotiation – Make Trump An Offer He Cannot Refuse

Posted in Cross-border trade, Customs Law, NAFTA, NAFTA Chapter 11, origin, Trade Agreeements, Uncategorized

The Trump Administration has signaled that one of first areas of interest for North American Free Trade Agreement (“NAFTA”) renegotiation is the rules of origin.  Rules of origin are boring, technical rules in Annex 401, which are permit goods to receive preferential duty-free treatment.  Only goods that originate in a NAFTA country are entitled to… Continue Reading

Russian Election Hacking – The Cyber Story

Posted in Border Security, Corporate Counsel, Criminal Law, Cybersecurity and Privacy, Elections, Politics, U.S. Federal Government

Originally published by the Journal of Commerce in January 2017 The Senate Armed Services Committee hearing on January 5, 2017 was an opportunity to learn what the intelligence community determined regarding cyber-attacks related to the 2016 Presidential election.  For those of us having to deal with the potential consequences to our businesses, it was the… Continue Reading