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

Monthly Archives: September 2017

Walking the North Korean Tightrope

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Intellectual Property, Legal Developments, Trade Agreeements, Trade Remedies, Transportation

On September 21, 2017, President Trump issued an Executive Order (yet to be numbered) (“EO”) imposing additional sanctions on North Korea. It took affect the next day. The general press has quoted Treasury Secretary Mnuchin as stating: “Foreign financial institutions are now on notice that going forward they can choose to do business with the… Continue Reading

Solar Flare Up with China

Posted in Antidumping, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies

Two actions took place at the end of last week which heighten concerns that a trade war with China could be ever more likely.  First, there was the preliminary decision in the solar panels 201 case.  Then, we had the additional sanctions imposed by the President on North Korea. The 201 solar panel case began… Continue Reading

Trump’s New Travel Restrictions May Affect Canadian NEXUS Cardholders From Travel Ban Countries

Posted in Immigration law, NEXUS, U.S. Federal Government

On September 24, 2017, President Trump issued “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the Presidential Proclamation”) which should make Canadian dual-nationals and Canadian permanent residents from Venezuela, Chad (and North Korea, if any) with NEXUS cards nervous. Venezuela, Chad and North Korea are… Continue Reading

What Should You Do When Canada Releases A New List of Persons Subject to Economic Sanctions and Asset Freezes?

Posted in Export Controls & Economic Sanctions, Exports

On September 22, 2017, Canada did something it has not done in a while – Canada imposed unilateral economic sanctions and asset freezes against 40 officials in the Venezuelan Maduro regime.  A new list of designated persons (Canada’s term for sanctioned persons) was publicly releases – the persons against whom the unilateral economic sanctions, trade… Continue Reading

Canada Has Imposed Economic Sanctions and Asset Freezes On The Venezuelan Maduro Regime

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

On September 22, 2017, Canada has finally imposed unilateral economic sanctions on the Maduro Regime in Venezuela.  Global Affairs has issued a Press Release entitled “Canada imposes sanctions on Maduro regime in Venezuela”.  Canada has imposed unilateral targeted economic sanctions against 4o Venezuelan officials and individuals under the Special Economic Measures Act.  The Special Economic… Continue Reading

Canadian Companies Should Be Aware Of President Trump’s Executive Order Imposing Sanctions on North Korea AND Those Who Do Business With North Korea

Posted in Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On September 21, 2017, President Trump signed “Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea“.  This Presidential Executive Order blocks U.S. assets of persons to be identified by the Secretary of State.  The perameters that the Secretary of State may consider in listing any person determined: (i) to operate in the… Continue Reading

CETA Is Not NAFTA: 7 Things That Are Different In CETA

Posted in Canada-EU CETA

Today, September 21, 2017, the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) entered into effect provisionally.  Importantly, the customs duty reductions and eliminations took effect today.  The rules of origin took effect today.  The customs procedures took effect today.  The quota requirements took effect today.  Most of the Canada-EU CETA is in… Continue Reading

The Origin Verification Process In CETA Is Different From What Canadian Businesses Are Used To

Posted in Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, NAFTA, origin

Canadian businesses are used to the North American Free Trade Agreement (“NAFTA”) customs procedures for verifying certificates of origin that effectively state that exported goods are “made in Canada”. The NAFTA origin verification procedures have been adopted in most other Canadian free trade agreements. Under NAFTA, United States Customs and Border Protection (“US CBP”) officers… Continue Reading

Canada and the EU have taken the Necessary Steps for Provisional Implementation of CETA

Posted in Canada's Federal Government, Canada-EU CETA

On September 7, 2017, the Canadian Governor-in-Council published in the Canada Gazette an Order-in-Council that effectively sets the date of the provisional implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (the “Canada-EU CETA”) to be September 21, 2017.  SI/2017–47 “Order fixing September 21, 2017 as the Day on which the Canada-European Union Comprehensive Economic… Continue Reading

Are You Ready To Benefit From The Canada-EU CETA?

Posted in Agriculture, Canada's Federal Government, Canada-EU CETA, Cross-border trade, Customs Law, Imports Restrictions, origin, tariff classification

On September 14, 2017, the Canada Border Services Agency (“CBSA”) issued Customs Notice 17-30 “Implementation of the Canada-European Union Comprehensive Economic and Trade Agreement”, which sets out some of the final administrative details needed before duty-free imports are processed starting on September 21, 2017.  These final details supplement the Canada-EU CETA text, the Canada-European Union Comprehensive… Continue Reading

What Are Canada’s Tariff Codes (As At September 14, 2017)?

Posted in Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Customs Law, origin

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of free trade agreements.  A tariff rate code is assigned for every free trade agreement partner because tariff elimination commitments and tariff reduction schedules cause applicable tariff rates to be different from… Continue Reading

Canada Has Published Order-In-Council And Regulations For Canada-EU CETA Implementation

Posted in Canada's Federal Government, Canada-EU CETA, Customs Law, Export Controls & Economic Sanctions, Imports Restrictions, origin

On September 1, 2017, the Trudeau Cabinet (Governor-in-Council) promulagated many of the regulations necessary for the implementation of the Canada-European Union Comprehensive Economic and Trade Agreement (“Canada-EU CETA”) on September 21, 2017. The Canada-EU CETA regulati9nos were published in in the September 7, 2017 Canada Gazette. The most important document is an Order-in-Council fixing September… Continue Reading

Canada Considering FTA With ASEAN Countries

Posted in Trade Agreeements

On September 8, 2017, Canada announced free trade agreement exploratory discussions with the 10 Association of Southeast Asian Nations (ASEAN) countries (Cambodia, Brunei, Indonesia, Laos, Malaysia, Myanmar (Burma), the Philippines, Singapore, Thailand, and Vietnam).  An ASEAN-Canada free trade agreement is possible and the timing is opportune (with the United States leaving the TPP). The ASEAN… Continue Reading

CBP : Old Issues / New Tricks!

Posted in Antidumping, Border Security, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Exports, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in September 2017. As the scoundrels of the world are ever more creative with their attempts to circumvent the law, Customs and Border Protection (CBP) responds by implementing new tools.  One new tool is worth considering and one existing tool is worth revisiting. The new enforcement tool is… Continue Reading

Canada-EU CETA Will Help Some Caribbean Islands

Posted in Canada-EU CETA

The territories of Guadeloupe, Martinique, Saint Bartelemy (also known as Saint Barts) and Saint Martin will receive the benefits of the Canada-European Union Comprehensive Economic and Trade Agreement (the Canada-EU CETA”) when the Canada-EU CETA is provisionally implemented on September 21, 2017.  A number of EU territories in the Caribbean are excluded from coverage of… Continue Reading