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
Corporate Counsel
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…
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…
MSK’s COVID-19 Client Communication, Vol. 5
Please see the following as published by my law firm, MSK, on March 30, 2020:
Below please find our latest alerts surrounding COVID-19 and its effect on various policies and laws, ranging from labor law (i.e., FFCRA) to the world of corporate governance and securities (i.e., SEC). As always, feel free to read and…
MSK’s COVID-19 Client Communication, Vol. 4
Please see the following as published by my law firm, MSK, on March 26, 2020:
As a part of our ongoing series in keeping our clients and friends abreast of various changes to policies and laws resulting from COVID-19, please find the latest updates below.
COVID-19 Causes Coverage
The SEC announced that it is…
Ontario Attorney General Announces That Crown & Crown-Related Entities Must be Served Documents by E-Mail
In response to COVID-19, the Ontario Ministry of the Attorney General announced an important procedural change for serving documents in relation to civic proceedings to the Crown and Crown-related entities. The Ontario Attorney General announced that documents for civil (non-criminal) proceedings, administrative proceedings or intended proceedings must be served by e-mail starting on March 24,…
Truckers Still Able to Cross Canada-US Border: FAST Cards Are Critically Important
At midnight on March 20, 2020, in an attempt to control the spread of COVID-19/coronavirus pandemic, Canada and the United States closed their shared border to non-essential travel for a period of thirty (30) days (which can be extended to a longer period of time). “Non-essential” travel includes travel that is considered tourism…
COVID-19 and the Trade Community
There are a bunch of other things going on when it comes to international trade, but the most concerning topic right now is the coronavirus or COVID-19. From a purely business continuity perspective, we are receiving lots of inquiries around the following question: “Can we get out of our contracts by invoking the force majeure…
New Revisions to the CCPA
The California Consumer Privacy Act (“CCPA”) took effect on January 1, 2020. In October 2019, the California Attorney General (“CA AG”) published proposed regulations. In the lead up to January 1, 2020, the CA AG repeatedly made the point that those subject to the CCPA should plan for compliance with its broad principals by the…
E-Commerce and Counterfeit Goods
On January 31, 2020, President Trump issued Executive Order 13904 (“EO”) entitled “Ensuring Safe & Lawful E-Commerce for US Consumers, Businesses, Government Supply Chains, and Intellectual Property Rights.” It begins by stating that e-commerce is “being exploited by traffickers to introduce contraband into the United States, and by foreign exporters and United States importers to…