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

Monthly Archives: January 2018

What is ACMPR?

Posted in cannabis

ACMPR is an acronym for “Access to Cannabis for Medical Purposes Regulations“, also known as Canada’s medical marjuana law. The Access to Cannabis for Medical Purposes Regulations are promulgated under the Controlled Drugs and Substances Act. The ACMPR is Canada’s response to the Federal Court of Canada’s February 2016 decision in Allard v. Canada which is… Continue Reading

Bombardier Is The Big Winner

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Cross-border deals, Cross-border trade, Customs Law

In a result that was shocking to most, on Friday, January 26, 2018, the International Trade Commission announced a finding of NO material injury to American industry (read Boeing) and so voted to NOT impose either antidumping or countervailing duty on Bombardier’s 100 to 150 seat jets.  This brings to an end a very high profile… Continue Reading

Is your organization ready for the new CPTPP?

Posted in Canada's Federal Government, Corporate Counsel, CPTPP, TPP-1, Trade Agreeements

On January 23, 2018, Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam reached an agreement in principle for a multi-country free trade area. The Trans-Pacific Partnership Agreement has been renamed and will be called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). We don’t yet know when the CPTPP… Continue Reading

Canadian Customs Duties and the Trump Tax Changes – What Do They Have In Common?

Posted in Customs Law, origin, U.S. Federal Government, valuation

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “Trump Tax Act”).  The Trump Tax Act materially changes U.S. corporate tax laws and incentivizes U.S. companies with overseas operations to either return home to the United States and/or repatriate money home to the United States. As companies are attempting to… Continue Reading

New Tariffs: Trade War Washing Ashore?

Posted in Antidumping, Corporate Counsel, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Trade Remedies, World Trade Organization

Yesterday, January 22, 2018, U.S. Trade Representative (USTR) Robert Lighthizer announced the imposition of safeguard tariffs on solar cells and modules.  Much has been said in the general press about this case, but only now is the key point starting to register, and is something international traders immediately thought about  – is President Trump starting… Continue Reading

We have a Deal: What are the next steps for Canada to implement the CPTPP?

Posted in Agriculture, Canada's Federal Government, Corporate Counsel, CPTPP, Cross-border deals, Cross-border trade, TPP-1

On January 23, 2018, Canada and Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam reached an agreement in principle that is the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”) (formerly known as the TransPacific Partnership Agreement, TPP, TTTP-1, and TPP-11). The United States withdrew from TPP in January… Continue Reading

Border Searches of Electronic Devices

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

Earlier this month, MSK attorneys David Rugendorf and Frida Glucoft published an Alert summarizing the latest directive issued by Customs and Border Protection (CBP) regarding the search of electronic devices.  A copy of their original article can be found here –  Hold That Call International Travelers.  Given the  increasing likelihood of any traveler’s electronic devices… Continue Reading

He Said What ?????

Posted in Aerospace & Defence, Agriculture, Antidumping, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Harmonization, Imports Restrictions, Intellectual Property, Legal Developments, Proceeds of Crime/Money Laundering, Trade Remedies

Originally published by the Journal of Commerce in December 2017 While Special Counsel Robert Mueller continues his investigation, the recent guilty plea entered by Trump former National Security Advisor Lt. Gen. Michael Flynn (Ret.) serves as a reminder that when you are interviewed by a law enforcement agent, you better be sure what you say… Continue Reading

What should a taxpayer under audit do if the CRA auditor proposes an assessment?

Posted in Canada's Federal Government, GST/HST

The Canada Revenue Agency (“CRA”) conducts audits to ensure that taxpayers are paying or remitting the correct amount of taxes.  In Canada, the CRA enforces Canada’s income tax, Goods and Services Tax (“GST”), Harmonized Sales Tax (“HST”) and federal payroll taxes laws.  These tax systems all have an element of self-reporting. If the CRA auditor… Continue Reading

How will the U.S. Government shutdown affect Canadians?

Posted in Agriculture, Border Security, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NAFTA, NEXUS, U.S. Federal Government

The U.S. federal government was shut down at midnight this morning after a funding bill did not get 60 votes in the United States Senate. While the politicians work to find a solution before Monday, Canadians are reminded that the last U.S. federal government shut down lasted 16 days and a previous shutdown lasted 27… Continue Reading

The CBSA targets “supply managed” goods as a trade compliance verification priority

Posted in Canada's Federal Government, Customs Law, Imports Restrictions, tariff classification

In early January 2018, the Canada Border Services Agency (“CBSA”) issued its January 2018 Trade Compliance Verification Priorities.  Twice a year, the CBSA posts trade compliance verification priorities for tariff classification, origin and valuation.  In the January 2018 Trade Compliance Verification priorities, the CBSA has hidden on page 44 a new target – “Import Permit… Continue Reading

Compliance Incentive: Canada to appoint a Canadian Ombudsman for Responsible Enterprise

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Cryptocurrencies, Environment, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Legal Developments

On January 17, 2018, the Government of Canada furthered its “progressive trade agenda” and responded to calls from human rights groups by announcing that it is going to watch the activities of Canadian businesses operating in overseas markets more seriously.  The Government of Canada will create an Office of the Canadian Ombudsman for Responsible Enterprise… Continue Reading

Should Canada add a books and records provision to export controls and economic sanctions laws?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Cryptocurrencies, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

Countries, such as North Korea, Iran and Russia, may attempt to hide activities by using cryptocurrencies (such as Bitcoin). While the underlying activity of selling controlled goods or dealing with designated persons is illegal (under Canadian export laws) without an export permit/ministerial authorization, a secondary issue is enforcement.  Enforcement tools directed at “following the money”… Continue Reading

NAFTA Termination? What is your Strategy?

Posted in Canada's Federal Government, Canada-EU CETA, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, NAFTA, NAFTA Renegotiations, Trade Agreeements, U.S. Federal Government

Will President Trump terminate NAFTA?  Unfortunately, we don’t know.  Some days, press reports suggest a growing possibility that he will take steps to terminate the agreement.  Other days, President Trump’s pronouncements hint that he may be prepared to further negotiations. This leaves organizations in a difficult position.  If President Trump does issue a notification of… Continue Reading

Canada’s Indirect Economic Sanctions: Where Export Development Canada is not pursuing business at this time

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

Canada effectively imposes economic sanctions against certain countries via the Export Development Canada (“EDC”) positions on where they will and will not or business.  EDC is Canada’s export credit agency.  The EDC extends credit to Canadian businesses (big and small) to facilitate export sales. EDC financial products and services include trade credit insurance, export financing… Continue Reading

You need an export permit to export certain recyclables and scrap products from Canada to China

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

Canada’s export controls go beyond dual-use goods, chemicals, defence and military items, and other goods on the Export Control List.  Canada imposes export controls under a variety of statutes and regulations.  For example, Canada controls exports of cannabis, cultural property, hazardous waste, hazardous recyclable and scrap materials, rough diamond, human pathogens, honey, maple syrup, (the… Continue Reading

Sixth Round of NAFTA Modernization Negotiations To Take Place January 23-28, 2018

Posted in NAFTA, NAFTA Renegotiations

The next NAFTA Modernization negotiation round will take place in Montreal, Quebec on January 23-28, 2018.  Will this be the last round of the negotiations?  Will President Trump threaten to withdraw from NAFTA when the negotiators are gathering on Canadian soil?  Or, will there be a seventh round in the United States in early March? … Continue Reading

A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures

Posted in Antidumping, Canada's Federal Government, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On December 20, 2017, Canada filed a Request for Consultations with the World Trade Organization (“WTO”) setting out various concerns with the application of U.S. trade remedies that Canada considers to be inconsistent with WTO rules.   On January 10, 2018, the Chairman of the Dispute Settlement Body circulated a communication of Canada’s 32 page Request… Continue Reading

Ask Questions Before You Market Access into Canada?

Posted in AMPs, Canada's Federal Government, Corporate Counsel, Cross-border trade, Customs Law, GST/HST, origin, Sales Taxes, tariff classification, valuation

Many U.S. and foreign companies that sell goods on Internet-based retail platforms (both in-house platforms and Amazon-type platforms) should ask more questions as they access Canada’s consumer market.  Often, the first question asked by the foreign company is how to access the Canadian market (as they see dollar signs).  After they foreign company figures out… Continue Reading

What Should I Do If the CBSA Seizes My Currency?

Posted in Proceeds of Crime/Money Laundering

Travelers to Canada and from Canada (Canadians, Canadian residents and visitors) are required to voluntarily self-report to the Canada Border Services Agency (“CBSA”) if they have in their possession currency or monetary instruments that exceeds $Canadian 10,000. When travelers travel to Canada by air, they are given an E311 Declaration Card during the flight to… Continue Reading

Give Him His Money Back: Canadian Court Recognizes Exception to Currency Reporting Obligation

Posted in Border Security, Canada's Federal Government, Proceeds of Crime/Money Laundering

On December 28, 2017, Canada’s Federal Court of Appeal (“FCA”) issued a significant decision relating to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.  In Williams v. The Minister of Public Safety and Emergency Preparedness, 2017 FCA 252, Justice Stratas (a very good justice who writes well explained decisions) held that currency seized… Continue Reading

Canada Did Not Impose New Economic Sanctions Against North Korea In 2017

Posted in Export Controls & Economic Sanctions, Exports

In 2017, the United Nations Security Council imposes 3 new rounds of economic sanctions against North Korea (Resolution 2397 (2017) on December 22, 2017, Resolution 2375 (2017) on September 11, 2017, and Resolution 2371 (2017) on August 5, 2017).  However, Canada has not amended existing regulations under the United Nations Act against North Korea.  Canada implements United… Continue Reading