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

Monthly Archives: February 2017

Canadian House of Commons Approves Canada-EU CETA Implementation Act at Third Reading

Posted in Canada-EU CETA, Trade Agreeements

On February 14, 2017, the Canadian House of Commons passed 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“ at Third Reading. There were three days of debates at third reading on February 8, 2017,… Continue Reading

Over-Compensation Is An Issue In Export Controls/Economic Sanctions Compliance

Posted in Export Controls & Economic Sanctions

On February 10, 2017, the CBC posted an article entitled “PayPal freezes Canadian media company’s account over story about Syrian family“.  A community newspaper (Flin Flon Reminder) in Canada saw PayPal freeze its account.  What prompted the freeze was the local newspaper entering an article entitled “Syrian family adapts to new life” in an awards competition…. Continue Reading

What Will Trudeau Talk To Trump About?

Posted in Agriculture, Border Security, Buy America, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Energy, Export Controls & Economic Sanctions, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Labour, NAFTA, Softwood Lumber, State Governments, Trade Agreeements, U.S. Federal Government

On February 13, 2017, Prime Minister Trudeau will travel to the United States to visit with President Trump. The most important topic for discussion is that Canada-United States relationship. The most important goal is to ensure that trading relationshiop remains strong. This is a fun post, which is based on trade issues between Canada and the… Continue Reading

Canada’s Big Anti-Bribery Case Ends in Dismissed Charges

Posted in FCPA/Anti-Corruption

On February 10, 2017, three former executives of SNC-Lavalin Group Inc. saw Corruption of Foreign Public Officials Act (Canada) charges withdrawn in the Ontario Superior Court. Former SNC vice-president of energy and infrastructure Kevin Wallace, former SNC vice-president of international development Ramesh Shah, and Bangladeshi-Canadian businessman Zulfiquar Ali Bhuiyana were charged with bribing an official… Continue Reading

It Is Best To Sever Ties With Representatives Who Commit Export Controls Infractions

Posted in Aerospace & Defence, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

On February 9, 2017, Stewart Bell wrote an article for the Financial Post entitled “Canadian company investigating branch in Iraq after logo spotted in photos of missile test“. It is never good to see your company name in the news – let alone being associated with a missile test in a country subject to United… Continue Reading

Drugs and Bugs: The CBSA Watches Flower Imports Carefully

Posted in Agriculture, Border Security, Customs Law, Imports Restrictions

Every year around Valentine’s Day (and Mother’s Day and Easter), the CBSA is extra busy inspecting shipments of flowers from Colombia and Ecuador.  Shipments of flowers into Canada are most commonly shipped by air or transported from the United States after importation through Miami. The two things the CBSA is looking for in fresh cut… Continue Reading

What Should Justin Trudeau Say To Donald Trump?

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

On February 12, 2017, Justin Trudeau is traveling to Washington, D.C. to meet Donald Trump at the White House.  What will they talk about?  Hmmm – softwood lumber? Border adjustment tax? NAFTA renegotiation? Common interests? Jobs on both sides of the border? NEXUS Card revocations of Canadians and permanent residents of Canada? Supply management? Harmonization… Continue Reading

The Canada Border Services Is Getting Authority To Open All Cross-Border Mail

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-Border Real Estate, Cross-border trade, Currency Reporting, Customs Law, Legal Developments, Proceeds of Crime/Money Laundering, Tax

The Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client.  A few years ago I… Continue Reading

Thickening of the Border – What Is Canada’s Concern?

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Exports, Harmonization, Immigration law, Imports Restrictions, NEXUS, Politics, U.S. Supreme Court

The phrase “thickening of the border” equates with increased regulations and costs, which result in difficulties or slow-downs at the border such that goods and people move at the pace of molasses. Border wait times increase as new border charges are paid and shipments are inspected and border officers assess risks.  Any thickening of the… Continue Reading

Trump and Trade

Posted in Aerospace & Defence, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Elections, Government Procurement, Harmonization, Imports Restrictions, Legal Developments, Trade Agreeements

Originally published by the Journal of Commerce in February 2017 In the first two weeks of the new Trump Administration, all international traders want to talk about, and with good reason, is where does the new President really stand on trade? On the one hand, he has taken advantage of trading opportunities to generate profits… Continue Reading

What Is A Notice of Penalty Assessment?

Posted in AMPs, Canada's Federal Government, Customs Law

A Notice of Penalty Assessment is the document in which the Canada Border Services Agency (“CBSA”) issues an assessment of an Administrative Monetary Penalty (“AMP”) against an importer. An  AMP is a monetary penalty of a civil nature (rather than criminal) imposed by the CBSA for a contravention of an Act, regulation or by-law. The Master Penalty Document contains all… Continue Reading

What Is A Ministerial Authorization To Transact With A Sanctioned Country/Person?

Posted in Export Controls & Economic Sanctions, Exports

Canada imposes various economic sanctions and trade restrictions pursuant to the United Nations Act (“UNA”) and the Special Economic Measures Act (“SEMA”). The specific sanctions are implemented in country specific or targeted regulations.  That being said, most regulations promulgated under SEMA have a sister regulation that grants authority to the Minister of Foreign Affairs and/or… Continue Reading

What Should Canadian Companies Take Away From The New Trump (U.S.) Sanctions Against Iran?

Posted in Export Controls & Economic Sanctions, Exports

On February 3, 2017, the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) imposed new Iran sanctions by listing 13 individuals and 12 entities on its list of Specially Designated Nationals and Blocked Persons.  What does this mean for Canadian companies? Canadian companies need to determine if they are doing business with… Continue Reading

What Is The Canadian Process For Voluntarily Disclosing An Export Controls/Economic Sanctions Mistake?

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Mistakes happen.  While the majority of Canadian companies want to comply with Canada’s export controls and economic sanctions laws, violations can occur.  Often when there is an economic sanctions violation, there is also an export controls violation at the same time.  Sometimes, there are export controls violations without an economic sanction violation. There are three procedures… Continue Reading

NEXUS Application Form: Does It Allow For Extreme Vetting?

Posted in Border Security, NEXUS

When a Canadian citizen, Canadian permanent resident, U.S. citizen or U.S. permanent resident completes a NEXUS Program application form, the application is vetted by both the United States government and the Canadian government. The United States Department of Homeland Security (U.S Customs and Border Protection) (“USCBP”) vets the NEXUS application and the Canada Border Services… Continue Reading

What Canadian Lawyers Should Know About Solicitor-Client Privilege At The Canada-US Border

Posted in Border Security, Corporate Counsel, Customs Law, U.S. Federal Government

There are reports that President Trump is considering an Executive Order to require the Department of Homeland Security, and in particular U.S. Customs and Border Protection (USCBP), to ask foreign visitors to provide information about their social media profiles and access to their computer contact lists.  This would include Canadian lawyers. The access to contact… Continue Reading

U.S. Cancelling NEXUS Cards Of Canadian Dual-Nationals

Posted in Border Security, NEXUS, U.S. Federal Government

We have heard a number of reports that the United States Department of Homeland Security is notifying Canadian NEXUS Card holders with dual nationality from certain countries (Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen) that their NEXUS Membership has been cancelled because they “no longer meet eligibility criteria”.  There may be other nationalities as… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading