We now know the dated that the Canada-United States- Mexico Agreement (CUSMA) (or USMCA under US terminology) will enter into effect to replace the North America Free Trade Agreement (NAFTA): July 1, 2020. This does not mean that the governments are ready to enforce CUSMA – Canada, United States and Mexico must now negotiate and
Canada Continues Suspension of Military Export Permits to Turkey Indefinitely
On April 16, 2020, the Government of Canada issued Notice to Exporters Serial 992 “Notice to Exporters – Export of items listed on the Export Control List to Turkey” in which Canada announced that it will presumptively deny any new export permit application with respect to military goods on the Export Control List where the
No Judicial Review Available if CBSA Calculates Dumping Margin Incorrectly
On March 31, 2020, Canada’s Federal Court of Appeal (“FCA”) released its decision in Angang Steel Company Limited v. Attorney General (Canada) et al., 2020 FCA 67 in which it dismissed a judicial review of the Canada Border Services Agency’s (“CBSA”) final calculation of a dumping margin for Angang in the dumping investigation against corrosion-resistant
Can I export humanitarian goods from Canada to a Sanctioned Country?
During the COVID-19 global pandemic, an important humanitarian issue has arisen for individuals (friends and family), companies, and non-governmental organizations. Many Canadians and residents in Canada have asked whether they can export humanitarian goods (including personal protective equipment (“PPE”)) to countries against whom Canada has imposed sanctions (called “Sanctioned Countries”). Canada clearly exempts humanitarian activities.
The CBSA publishes statement that officers must stop searching solicitor-client material
The Canada Border Services Agency (“CBSA”) has published a written statement on its website that when the CBSA conducts an examination of electronic devices (e.g., laptops, smart phones, USB keys, etc.) at the Canadian border, CBSA officers must not search electronic documents marked as “solicitor-client”. The CBSA has published a webpage entitled “Examining digital
Certification of Origin Requirements under CUSMA will be different than under NAFTA
On April 3, 2020, the Canada Border Services Agency (“CBSA”) published Customs Notice 20-14 “Implementation of the Canada-United States-Mexico Agreement (CUSMA)” in which the CBSA discusses the new Certification of Origin requirements under CUSMA and the new tariff codes. When CUSMA enters into effect (the implementation date is not yet set), the rules for Canadian
When CUSMA enters into effect, NAFTA advance rulings are no longer valid
On April 3, 2020, the Canada Border Services Agency (“CBSA”) published Customs Notice 20-14 “Implementation of the Canada-United States-Mexico Agreement (CUSMA)” in which the CBSA makes it clear that NAFTA origin advance rulings will no longer be valid when CUSMA enters into effect.
Importers who have an advance ruling might not be able to rely
Canada imposes GST/HST on PPE and this should be changed
We do not usually post blog posts asking the Government of Canada to change the law. However, we are doing just that today. Personal Protective Equipment (known as “PPE”) is taxable in Canada. Face masks, surgical masks, plastic face shields, protective eyewear used in hospitals, protective gowns and garments used in hospitals, surgical and disposable
Canada’s NEXUS Processing Centres are closed during COVID-19 crisis
The Government of Canada has determined that the trusted traveler programs are not essential and have closed NEXUS Processing Centres for an undetermined period of time. This means that if a Canada Border Services Agency (“CBSA”) officer mistakenly confiscates a NEXUS Card from a traveler and sends it to a NEXUS Processing Centre, the traveler
Non-Residents cannot open or update Canadian GST/HST accounts during COVID-19 shutdown
The Canada Revenue Agency (“CRA”) has temporarily suspended all activities relating to non-resident goods and services tax (“GST”) and harmonized sales tax (“HST”) accounts. The CRA Non-Resident Tax Services Offices (TSO) are closed.
In the last week, I have had to tell four U.S.-based businesses that the CRA is effectively closed to non-resident businesses and