I am not kidding – I should not have to write this blog post – The Government of Canada says “Please do not cross the border into Canada with a grenade in your vehicle.” It does not matter if the grenade is fake/inert or real/live. I am writing this because on April 21, 2016, three
Criminal Law
Shielded but Not Covered – Privacy Demands Better Protection
On April 13, 2016, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. The Working Party’s statement can be found at http://ec.europa.eu/justice/data-protection/article-29/press-material/press-release/art29_press_material/2016/press_release_shield_en.pdf.
While acknowledging the Privacy Shield contains “significant improvements” over the previous Safe Harbor,…
The Art of Self Defense
Corporate compliance programs come in all shapes and sizes and apply whether your company is privately owned or publicly traded. These internal controls take the form of accounting and audit procedures, import-export/regulatory policies, employment guidelines, ethics/anti-corruption initiatives and so on. The intent of any compliance program is to ensure that employees know what is expected…
Trade Facilitation and Trade Enforcement Act of 2015 and Intellectual Property Rights
This article was co-authored with Kevin M. Rosenbaum of MS&K.
On February 24, 2016, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015, PL 114-125 (TFTEA), which includes an assortment of trade facilitation and trade enforcement provisions, including a number of provisions focused on intellectual property rights (IPR). Section III…
Cyber Bill No Real Help to Supply Chain Security
Originally published by the Journal of Commerce in January 2016
In the lead-up to President Obama signing into law on December 18, 2015 the Cybersecurity Act of 2015, Public Law. 114-113, there was hope that finally there would be a vehicle through which the federal government would be able to share broad ranges of supply…
ACE Deadline Reminder for Imports and Exports
On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only replaces the current Customs and Border Protection (CBP) system, but is designed to reengineer CBP’s operational processes; develop…
New Cybersecurity Law – Are You Prepared?
Originally published in January 2016
On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the framework for the means and methods by which the private sector may submit such information to the government and by which the…
DOJ Sets Its Sights on Directors and Officers
Originally published in September 2015.
Whether publicly traded or privately held, corporate boards have been put on notice – the Department of Justice (Justice or DOJ) is after you! On September 9th, DOJ issued a memo entitled: Individual Accountability for Corporate Wrongdoing. In it, Main Justice made clear to all offices that any activity…
When the Canada Border Services Agency Seizes Your Cash, What Can You Do To Get Your Cash Back?
The Canada Border Services Agency (“CBSA”) may seize your cash if you are carrying financial instruments over $Canadian 10,000 and fail to declare the financial instruments when you enter Canada or leave Canada. When arriving in Canada by air, all passengers complete the E311 form – Declaration Card. One of the questions on the…
Oh, goodness, how do we manage it all?
Originally published by the Journal of Commerce in April 2015
One thing is for sure if you have been involved with international trade in recent times. Things are getting ever more complicated and the risk management and compliance challenges are consistently getting harder to anticipate and manage. At the TPM in early March, we discussed…