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

Category Archives: Border Security

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BEWARE OF THE WHISTLEBLOWER!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Buy America, Corporate Counsel, Criminal Law, Cross-border litigation, Cross-border trade, Customs Law, Excise Duty, Excise Tax, Government Procurement, Legal Developments, Trade Agreeements, Trade Remedies, U.S. Federal Government, Uncategorized

Originally published by the Journal of Commerce in February 2018 Customs and Border Protection (“CBP”) and other federal enforcement agencies seizing goods or imposing penalties is not unexpected. However, there are other consequences triggered by the actions of private actors which present equal danger to importers. In particular,  there is the False Claims Act (“FCA”),… 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

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

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

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

Are You Asking The Right Questions When You Travel With Electronic Devices?

Posted in Border Security, Canada's Federal Government, Corporate Counsel

  Technology is wonderful. Laptop computers are getting lighter.  Storage capacity on laptop computers, smart phones, USB keys and other electronic devices are up in the terabytes.   You can travel with your electronic devices and no one will know you are not in the office. What this means is that we can travel with vast… Continue Reading

Tips for Traveling with Electronic Devices

Posted in Aerospace & Defence, Border Security, Constitutional Law, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border trade, Customs Law, Cybersecurity and Privacy, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Legal Developments, Transportation

In the September 18, 2017 Federal Register notice (see 82 FR 43556) , U.S. Citizenship and Immigration made clear it will now routinely require those applying to enter the U.S. to provide social media handles. As such, the obvious starting point for these tips must be a reminder that Customs and Border Protection (“CBP”) officers… Continue Reading

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

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

What Should Canadian Companies Due Between NAFTA Modernization Rounds?

Posted in Agriculture, Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Environment, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, NAFTA, NAFTA Chapter 11, NAFTA Renegotiations, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies

In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held in… Continue Reading

The Canada Border Services Agency Has Authority To Seize Hate Propaganda

Posted in Border Security, Canada's Federal Government, Customs Law, tariff classification

The Canada Border Services Agency (“CBSA”) is the gatekeeper and hate propaganda is a prohibited importation under item 9899.00.00.00 of the Customs Tariff (Canada).  Don’t bring hate propaganda to Canada and do not send hate propaganda to Canada and don’t attempt to import hate propaganda into Canada – unless you would like the CBSA to… Continue Reading

Can the CBSA Search My Electronic Devices?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Customs Law

We are often contacted by travelers after they have been selected (random or mandatory) for a secondary examination by the Canada Border Services Agency (“CBSA”) upon arrival at the Canadian border. Usually, the traveler had something on a laptop computer or smart phone that they did not want the CBSA to see or use against them… Continue Reading

What is in a Name?

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, Uncategorized

Originally published by the Journal of Commerce in August 2017. We are now a few months (almost 7) into Mr. Trump’s Presidency and it is still not clear  – what is the Administration’s trade policy?   The general press is rife with stories about the warring factions within the Administration – those who xenophobically want to… Continue Reading

Exporters May Be Required To Complete An Export Declaration Even If The Goods Do Not Require An Export Permit

Posted in Border Security, Exports

Many Canadian companies do not know that exporters (or their freight forwarder) must complete an export declaration (Form B 13A) for any export of goods and/or technology to any country (except the United States & Puerto Rico and the U.S. Virgin Islands) valued over  at $CDN 2000 or more (subject to regulated exceptions).  The B… Continue Reading

August Civic Holiday: Survival Guide For Canada-US Cross Border Travel

Posted in Agriculture, Border Security, Customs Law, GST/HST, Immigration law, NEXUS, Personal Comments, Proceeds of Crime/Money Laundering

The August Civic Holiday long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration and… Continue Reading

How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, NAFTA Renegotiations, Proceeds of Crime/Money Laundering

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global Affairs… Continue Reading

Canadian Government Export Controls Policies Under A Microscope

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

On July 28, 2017, Global Affairs Canada issued a statement of concern relating to escalating violence in eastern Saudi Arabia. In the Statement entitled “Canada concerned by escalating tensions in eastern Saudi Arabia”, Global Affairs stated: “Canada is concerned by the escalating violence in eastern Saudi Arabia, which has resulted in civilian and security force casualties…. Continue Reading

Canada And Australia Mutually Recognize Trusted Traveler Programs

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law

On July 25, 2017, the Canada Border Services Agency (“CBSA”) announced that they had signed a Mutual Recognition Agreement with Australia’s Department of Immigration and Border Protection.  What this means is that Australia will recognize Canada’s trusted trader program called “Partners in Protection“(“PIP”) and Canada will recognize Australia’s trusted trader program. Canada’s PIP Program is… Continue Reading

Canada’s Standing Committee on Foreign Affairs And International Development Makes 13 Economic Sanctions Recommendations

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Uncategorized

In 2016 and early 2017, Canada’s Standing Committee on Foreign Affairs and International Development (FAAE) reviewed Canada’s Special Economic Measures Act (“SEMA”) and the Freezing Assets of Corrupt Foreign Officials Act.  The SEMA was encted to authorize the Governor in Council (Cabinet) to promulgate unilateral economic sanctions against states, as well as individuals and entities… Continue Reading

Canada Has Made Important Changes To The Export Control List And Export Controls Guide: It Is Time To Update Company Export Controls

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports

On July 12, 2017, the Government of Canada (more specifically, the Governor in Council (Cabinet)) promulgated changes to the Export Control list, which is a regulation.  In the Canada Gazette, Part II, Regulation SOR/2017-139 “Order Amending the Export Control List”  (the “ECL Order”) made pursuant to the Export and Import Permits Act was published.  The… Continue Reading

U.S. Enhanced Screening At Canadian Airports Means Canadian NEXUS Card Holders Should Pack Smartly

Posted in Border Security, U.S. Federal Government

The U.S. Department of Homeland Security (“DHS”) has announced enhanced screening procedures at Canadian airports (in the pre-clearance areas). DHS said that “in light of evaluated intelligence,” it was deemed necessary to implement enhanced security measures for all commercial flights to the United States.  NEXUS Card holders get to use special automated kiosks and often… Continue Reading

Canada Day: Survival Guide For Canada-US Cross Border Travel

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Imports Restrictions, NEXUS, Proceeds of Crime/Money Laundering

The Canada Day long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws. Here is our survival guide to make sure the CBSA is happy with your declaration… Continue Reading

Global Affairs Canada Tables 2016 Annual Report on Exports In House of Commons

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Corporate Counsel, Export Controls & Economic Sanctions, Imports Restrictions

On June 20, 2017, Hon. Diane Lebouthiller (Minister of National Revenue) tabled (see page 13032 of Hansard) the 2016 Annual Report to Parliament on the Administration of the Export and Import Permits Act (the “2016 Annual Export Controls Report”)  The Report is required under Standing Order 32(2) and section 27 of the Export and Import Permits… Continue Reading