In a recent ruling on February 24, 2020, the Canadian Federal Court determined in the decision of Tamba Thomas and Minister for Public Safety and Emergency Preparedness (MPSEP), 2020 FC 290 [Thomas v. MPSEP] that diamonds being imported into Canada must be imported in accordance with Canada’s Import and Export of Rough
What are the top 10 COVID-19 remote working issues for Canadian importers?
Many Canadian import businesses have implemented remote working arrangements for employees as a result of COVID-19 government directives. Social distancing in business organizations can give rise to costly mistakes because business is not as usual. Importers have to adjust to the new normal and identify new (and existing) business risks. Most employees and managers are
Mandatory Paperless Export Reporting is Coming Soon
As of June 30, 2020, Canadian exporters will no longer be able to file paper copies of the B13A Export Declaration Form or use the CAED system to report exports of commercial goods. Canada’s export reporting will be paperless.
Exporters and customs service providers must be prepared and ready as of June 30, 2020
Time to Review and Update Compliance Programs to Address COVID-19 Remote Working
Most Canadian export controls and controlled goods compliance programs are built with the assumption that relevant employees who have access to controlled goods and technical data will be working in an on-site work environment and use work computers and in-house servers where information is securely stored with access and release restrictions and where work-related activities
CUSMA / USMCA / NAFTA 2.0 Enters into Effect on July 1, 2020 – Have you Prepared?
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